Counterclaims are not admitted during CAS appeals procedure as the Respondent’s answer is limited to the appeal.
Pursuant to Article 182 par. 3 of the Swiss Federal Code on Private International Law the panel has to guarantee the parties’ right to be heard. The right to be heard includes amongst others the right to submit evidence motions. However, the panel is not obliged to admit every request for evidence. Some evidence may have already formed the Panel’s opinion if it can hypothesize that its opinion would not be changed by the new request for evidence the Panel is authorized to reject such a motion.
The default of a party during a FIFA procedure should not be interpreted as an acceptance of the counterparty’s factual allegations during the relevant FIFA procedure. This is because a procedure held before FIFA bodies is to be qualified as an internal procedure of a Swiss association, governed by private substantive Swiss Law, and not by Swiss procedural Law. According to private substantive Swiss Law, a conduct implying an intent is assumed only in exceptional circumstances, in the cases where the particular nature of the transaction or the circumstances are such that express acceptance cannot reasonably be expected (Article 6 of the Swiss Code of Obligations).Facts/Procedure
On 1 July 2011, Renato Ferreira Da Silva Alberto (the Player) signed a Contract with S.C. FC Brasov S.A (the Club). On 17 December 2011, the Player flew to Brazil for the winter break and did not return thereafter. The reason of the non-return of the Player was vague and disputed between the parties. The contract was later addended. On 24 July 2012, the Player lodged a complain with FIFA Dispute Resolution Chamber (FIFA DRC) as he considered that the Club had breached the employment contract on several accounts; half of the signing fee, outstanding monthly salaries, rent...
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