When terminating legal proceedings between two parties following a claim withdrawal in accordance with the applicable regulations, the adjudicating body adopts a position of a merely procedural nature that does not have the effect of exhausting internal remedies pertaining to the substantive issues of the case. As a result, an appeal to the CAS regarding the merits of the dispute is not available.
A decision of terminating legal proceedings following a claim withdrawal is only final insofar as the consequences of the claim withdrawal are concerned. It is not a final decision as regards the substance of the matter.Facts/Procedure
On 1 September 2009, Volyn FC (the Club) and Maicon Pereira de Oliveira (the Player) signed a fix-term employment contract, effective from 1 September 2009 until 31 August 2012. As from August 2011, the Club entered into negotiations with the Player and his representatives to renew his employment contract. After two meetings and several e-mail exchanges, the formal discussions were put on hold in October 2011. On 12 December 2011, the parties allegedly signed a Ukrainian as well as an English version an Agreement between the Parties so the Player would remain until 2014 with the Club. During the proceedings, the Parties filed conflicting submission concerning the said Agreement.
The Player contended that he had never signed any document...
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