Any objections to the jurisdiction of the FIFA judicial instances must be raised immediately during the FIFA proceedings as an initial matter and not be raised for the first time before the CAS proceedings in appeal.
According to the FIFA Regulations on the Status and Transfer of Players (RSTP), in disputes of international dimension, the jurisdiction of FIFA can only be waived in favour of the alternative jurisdiction of another body, where that body is deemed to be an independent arbitration tribunal guaranteeing fair proceedings and respecting the principles of equal representation of the player and the clubs has been established at a national level within the framework of the association and/or collective bargaining agreement.
The bona fide principle has been construed by CAS jurisprudence as a conceptual tool for a CAS Panel to determine how a statement or a general manifestation by a party could have been reasonably understood by the other. Accordingly, when the actual common intentions of the parties cannot be established, the contract must be interpreted according to the requirements of good faith.Facts/Procedure
On 7 September 2007, the Parties signed an Employment Contract, valid as of the date of signature until 30 June 2008. On 4 March 2008, the Parties signed an Additional Agreement, which extended the Contract until 30 June 2011. All terms and conditions of the Contract remained unchanged. The Parties also signed an undated agreement regarding disciplinary sanctions and bonuses, which was valid during the term of the Contract. On 3 May 2008, the Player was grievously injured. In the Player’s opinion, the Club’s medical department did not at first determine the seriousness of the injury, and the Player was compelled to attempt training for three more days with a swollen knee and significant pain. The Player then underwent a series of treatments, both in Ukraine and in Germany.
During the proceedings before the FIFA Dispute Resolution Chamber (DRC) and the proceedings before CAS, it was undisputed by the Club that the Player had in the...
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