CAS 2014/A/3852 Ascoli Calcio 1898 S.p.A. v. Papa Waigo N’Diaye & Al Whada Sports

CAS 2014/A/3852 Ascoli Calcio 1898 S.p.A. v. Papa Waigo N’Diaye & Al Whada Sports

Unilateral option clause, jurisdiction of CAS and insolvency, termination for just cause

On 11 January 2016, the Court of Arbitration for Sport (CAS) rendered the award in the case CAS 2014/A/3852 lodged by the Italian football club Ascoli Calcio 1898 (Ascoli or Club) against the professional player Papa Waigo N’Diaye (Papa Waigo or Player) and the Emirati club Al Wahda Sports and Cultural Club (Al Wahda).

Facts of the case

In the summer of 2011, Ascoli and Papa Waigo signed an employment contract (Contract) valid for one season (i.e. up to 30 June 2012), with the right of the Club to extend the duration until 30 June 2014.

During the Serie B championship 2011/2012, the performances of Papa Waigo with Ascoli were brilliant and, prior to the end of the season, the Club sent a written notice to the Player to exercise the right of option. The postal service, however, informed Ascoli that the notice was not delivered, because...

Why not join us?

Football Legal is an independent media publishing football law contents on a daily basis dedicated to all football law practitioners (lawyers, clubs, federations, intermediaries, football stakeholders, etc.).

Register today and stay tuned to the latest legal news.

Get started