Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2017/A/5117 Eskisehir Spor Kulübü v. Ibrahim Sissoko & Fédération Internationale de Football Association (FIFA), award of 1 March 2018 Panel: Mr Michele Bernasconi (Switzerland), Sole Arbitrator Football Disciplinary sanctions for failing to comply with the decision of a FIFA body Evaluation of disciplinary cases under the principle of proportionality Irrelevance of the argument of financial difficulties to justify non-payment of debts Criteria for the amendment of a disciplinary sanction…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2017/A/5111 Debreceni Vasutas Sport Club (DVSC) v. Nenad Novakovic, award of 16 January 2018 Panel: Prof. Ulrich Haas (Germany), President; Mr András Gurovits (Switzerland); Mrs Petra Pocrnic Perica (Croatia) Football Termination of the employment contract with just cause by the player Duty to substantiate Relationship between various choice-of-law agreements Choice among several alternative fora Definition of just cause Duty of the parties to cooperate in ascertaining the content of…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2017/A/5104 Apollon Limassol v. UC Sampdoria, award of 19 December 2017 Panel: Mr Murray Rosen QC (United Kingdom), President; Mr Marco Balmelli (Switzerland); Prof. Massimo Coccia (Italy) Football Transfer fee Payment of transfer fee despite transfer not being executed In circumstances where a transfer contract foresees payment of a transfer fee by the club purchasing a player but does not foresee any clause under which the transfer may be…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2017/A/5103 Valletta FC v. Apollon Limassol, award of 12 June 2018 Panel: Prof. Jacopo Tognon (Italy), Sole Arbitrator Football Training compensation Discretion to exclude evidence under Art. R57 para. 3 of the CAS Code Objective of the training compensation system Conditions for an offer to be deemed having been made “in writing” “Bona fide and genuine interest” in retaining the player for the future Determination of the completion of…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2017/A/5101 FC Shakhtar Donetsk v. Luiz Adriano Souza da Silva, award of 1 November 2017 Panel: Mr Alexander McLin (Switzerland), Sole Arbitrator Football Contractual dispute Invalidity of contractual penalties imposed in bad faith Parties to a contract are bound by a duty to apply the penalties stipulated therein in good faith. Illegitimately imposed penalties shall not be recognised. I. PARTIES 1. FC Shakhtar Donetsk (the “Club”, or the “Appellant”),…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2017/A/5098 Philip Chiyangwa v. Fédération Internationale de Football Association (FIFA), award of 3 April 2018 Panel: Mr Mark Hovell (United Kingdom), President; Mr Augustin Senghor (Senegal); Mr Bernhard Heusler (Switzerland) Football Governance Implicit cause for terminating an occupation-related application The fact that FIFA Ethics Review Committee’s (FIFA ERC) correspondence to an applicant to a position in the FIFA Membership Associations Committee did not set forth that said applicant’s failure…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2017/A/5092 Club Hajer FC Al-Hasa v. Arsid Kruja, award of 16 April 2018 Panel: Mr Ivaylo Dermendjiev (Bulgaria), Sole Arbitrator Football Termination of the employment contract with just cause by the player Validity of the employment contract Just cause to terminate the contract Timely termination notice Obligation of the employer with regard to visa/work permit Contents of the personality rights of a player Determination of the compensation due by…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2017/A/5090 Olympique des Alpes SA v. Genoa Cricket & Football Club, award of 14 March 2018 Panel: Mr Manfred Nan (The Netherlands), President; Mr Daniele Moro (Switzerland); The Hon. Michael Beloff QC (United Kingdom) Football Compensation for training Exclusion of newly presented evidence Principle of entitlement to training compensation of clubs having registered a player on a loan basis Completion of a player’s training period 1. The de novo…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2017/A/5086 Mong Joon Chung v. Fédération Internationale de Football Association (FIFA), award of 9 February 2018 Panel: Prof. Massimo Coccia (Italy), President; Mr David W. Rivkin (USA); The Hon. Michael Beloff QC (United Kingdom) Football Sanctions against a FIFA official for violations of the FIFA Code of Ethics Tempus regit actum De novo review and denial of justice Standard of proof Distribution of powers with regard to football ethics-related…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2017/A/5077 Al Jazira Football Sport Company v. José Mesas Puerta, award of 18 December 2017 Panel: Mr Sofoklis Pilavios (Greece), President; Prof. Massimo Coccia (Italy); Mr Hendrik Willem Kesler (The Netherlands) Football Players’ agent contract Competence of the FIFA PSC to hear international disputes in connection with the activity of players’ agents Player’s written consent that his club pays his player’s agent on his behalf Claim for a reduction…

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