If the right to a due process has been violated during the proceedings before the first instance body, the decision reached by this body, as a result from this vice, cannot be acknowledged as producing a res judicata effect.
Facts/Procedure
On 26 January 2012, the Parties signed an employment Contract, according to which Ruben Albes Yanez (the Coach) was hired as assistant coach of the Club’s first team, for a fixed period running from the date of signature until the end of June 2013. Article 7 of the Contract governed the Coach’s salary and Article 8 stated that all disputes shall be submitted to the arbitration of the Morocco’s FA Dispute Resolution Chamber (FRMF) and possibly to that of FIFA.
On 19 September 2012, Wydad Athletic Club’s (the Club) first team lost a match against another team participating in the same league. The next day, a training session had already been scheduled. In his testimony before the CAS during the hearing, the Coach explained that the President assured him that he would arrange for the police to protect the team members outside of the sports’ complex against angry supporters, who would surely turn up...
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