According to Article 28 of the Swiss Code of Obligations, a party that was induced to enter into a contract by the fraud of the other party cannot be held to be bound by the contract, even if its error is not fundamental.
Article R47 of the CAS Code provides that a sports decision can be appealed before the CAS according to the appeals procedure only if the Appellant has exhausted all the legal remedies available to him prior to the appeal. If the Appellant did not raise the claim before the FIFA Players’ Status Committee it is deemed that the Appellant has not exhausted internal remedies and the Appellant’s claim is therefore inadmissible.Facts/Procedure
On 6 January 2012, Warri Wolves entered into an Employment Contract with Nigerian Player J that provided the following: “the club engages the services of the footballer for a period of 2 years commencing from the 2012 to 2014 football season, the footballer has agreed to take engagement upon the terms and subject to the conditions appearing”. On 29 August 2012, Warri Wolves and Al-Masry concluded a Transfer Agreement regarding the transfer of the Player to Al-Masry for the amount of USD 200,000 payable upon receipt of the player’s International Transfer...
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