In order to fulfil its burden
of proof, a party must provide the Panel with all relevant evidence
that it holds, and, with reference thereto, convince the Panel that the facts it pleads are true,
accurate and produce the consequences envisaged by the party. Only when these
requirements are complied with has the party fulfilled its burden and has the
burden of proof been transferred to the other party.
Facts/Procedure
On 1 July 2013, the Brazilian club Botafogo (the Appellant or Botafogo) and the club Sharjah FC (the Respondent or Sharjah) from United Arab Emirates concluded an agreement for the transfer of player F. Pursuant to the Transfer Agreement, Sharjah undertook to pay to Botafogo a transfer fee amounting to USD 323,830 (approx. EUR 276,000) to be credited to the bank account of Botafogo at Banco Modal by 18 July 2013. On 22 July 2013, Sharjah proceeded to make the payment by wire transfer. According to an international interbank message sent to Sharjah’s bank, on 28 February 2014 with reference to the transaction, Botafogo’s bank...
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