If neither the Italian nor the Spanish version of a transfer agreement contains any indication as to which version shall prevail in case of any ambiguities, the CAS Panel is required to determine which version shall prevail,
When the interpretation of a contractual clause is in dispute, the judge should seek to discover the true and mutually agreed upon intention of the Parties, without regard to incorrect statements or manner of expressions used by the parties by mistake or in order to conceal the true nature of the contract.
Facts/Procedure
On 20 June 2008, Danubio and Genoa concluded a Transfer Agreement for the transfer of the Player D. from Danubio to Genoa for a transfer fee of EUR 1,000,000.
The English translation of clause 6 of the Italian version of the Transfer Agreement provided by Genoa, determined the following:
“Genoa hereby commits to pay Danubio a further amount of Euro 500,000 (five hundred thousand) by no later than 30 days of the relevant event, provided that D. appears in 12 official games for at least 45 minutes with Genoa’s first team or with other Serie A or B European club, as long as D. is registered with Genoa”.
The English translation of clause 6 of the Spanish version of the Transfer Agreement provided by Danubio, determines the following:
“Genoa undertakes to pay Danubio a further amount of Euro 500,000 (five hundred...
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