In presence of ambiguous contractual terms, a CAS panel will apply Swiss Law and Article 18 of the Swiss Code of Obligations, which provides that the true and common intention of the parties must be ascertained without dwelling on any inexact expressions or designations they may have used in error.
Facts/Procedure
On 17 July 2014, José Rodriguez Baster (the Agent) and U.C. Sampdoria SpA (the Club) concluded a representation agreement entitled. The Agreement concerned the registration of the professional football Player with the Club. On the date when the Agreement was signed, the Player was registered with an English club.
The Agreement was stated to enter into force on 17 July 2014. It was signed by the Agent and also bore the official stamp of the Company.
Clause 1 of the Agreement stipulated that the contract would be valid for a period of one month and would end on 17 August 2014. Clause 2 of the Agreement dealt with the matter of remuneration. Clause 3 made provision for the Agent to receive a percentage of any transfer fee that the Club received in the event of a “definitive loan” of the Player to another team. Other clauses provided exclusivity to the Agent and a Public Order clause. the...
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