A player’s new club cannot argue that it was not bound by a “pre-contract” or definite employment
contract with the player because the agreement was conditional upon the
conclusion of a valid transfer agreement with the player’s former club, unless
such condition is explicitly mentioned in the agreement.
Facts/Procedure
June 2014, Beijing Renhe FC (the Club) and Pogon negotiated on a possible transfer of Marcin Robak (the Player) from Pogon to the Club.
On 25 June 2014, the Player met with the President of the Club, in London to discuss the possible employment of the Player by the Club. On 26 June 2014, the Club requested the Chinese Embassy to issue a visa in order for the Player to come to China to discuss the details of the employment contract.
On 27 June 2014, Mr. Pengfei Liu sent a signed a Transfer Agreement to Pogon.
Also, on 27 June 2014, Mr. Pengfei Liu sent a signed a Draft Employment Contract to the Player. The Draft Employment Contract referred to a term of employment of two sporting seasons, from 1 July 2014 until 30 June 2016.
On 3 July 2014, Pogon allegedly returned a duly signed copy of the Transfer Agreement to the Club. Whether or not the...
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