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Football-legal
13
Feb
2017
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Football Legal
CAS
Cases
International

CAS 2016/A/4489 Beijing Renhe FC v. Marcin Robak


Date of the decision: 2017-02-13
Arbitrator(s): Martin Schimke Lars Halgreen Francesco Macri

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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Topics
  • CAS
  • Player/Coach Contract
Keywords
  • Breach of contract
  • Burden of proof
  • Contractual stability
  • Court of Arbitration for Sport (CAS)
  • Just cause
  • Swiss Law
  • Pre-contract
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