If two contracts are linked but have opposing clauses and are insufficiently clear, CAS may use the intention of the parties to determine the contracts’ meaning.
Facts/Procedure
On 16 July 2008, Gaziantepspor (the Appellant), Santos (the Respondent), the Player R (the Player) and the Brazilian football club Goias concluded a contract governing the economic rights of the Player.
On 22 July 2008, the same parties signed a loan agreement for the loan of the Player from the Respondent to the Appellant from 16 July 2008 to 15 July 2011 in exchange for a fee of USD 500,000.
On 4 July 2009, the Appellant exercised a buy-out option of 100% of the Player’s sporting rights pursuant to the loan agreement. The Appellant later transferred the Player to Besiktas.
On 5 June 2013, the FIFA Players’ Status Committee (PSC) ordered the Appellant to pay the Respondent USD 200,000 as...
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