The possibility for a CAS panel to decide a case ex aequo et bono is established by Article R45 of CAS Code only with respect to ordinary arbitration and is not applicable to appeal arbitration proceedings. In any case, according to Article R45 of the CAS Code, the possibility that the CAS panel decide ex aequo et bono is subject to the authorisation of both parties.

The full power to review the facts and the law granted under the provisions of Art. R57 of the CAS Code, has a dual meaning: not only procedural flaws of the proceedings of the previous instance can be cured in the proceedings before the CAS, but also the CAS panel is authorized to admit new prayers for relief and new evidence and hear new legal arguments.

In case of termination of an employment contract with just cause, the other party which has given rise to premature termination, is liable to pay compensation for damages suffered by the injured Party.

According to Article 337c (2) SCO, the duty of mitigation is related to the rule that the Employee must permit a set-off against the amount of compensation for what he saved because of the termination of the Employment Relationship, or what he earned from other work, or what he has intentionally failed to earn.

In accordance with the general principle of fairness, the injured Player must act in good faith after the breach by the Club and seek for other employment, showing diligence and seriousness. This principle is aimed at limiting the damages deriving from breach and at avoiding that a possible breach committed by the club could turn into an unjust enrichment for the injured party.