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...
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