The CAS Code does not provide for the possibility of the respondent to file in appeals arbitration proceedings a counterclaim against the decision challenged by the appellant. Any party wishing to have the disputed decision set aside or modified has to file an independent appeal.
The interpretation of a sell-on clause must be carried out according to the general rules of contract interpretation. Swiss Law states that Courts should seek for the real intent of the Parties.Facts/Procedure
The case at stake presented a contractual dispute in which Sunderland sought for its right to receive a payment equal to 20% of the transfer fee received by Al Ain from a Chinese club.
On 9 September 2011, both clubs concluded a loan agreement for the transfer of Player C. Al Ain had to pay Sunderland an amount for the Player to be transferred to Al Ain. The loan agreement contained a permanent transfer option. If Al Ain had used this option and subsequently, would have sold the Player to another club, Sunderland would be entitled to receive 20%...
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