If a contract includes a reference to arbitration, it may be found too imprecise and too vague (pathological clause), in view of its drafting or of the circumstances of the case, to bind the parties to a specific national arbitration procedure, and thus not compliant with the meaning of Article 22.b Regulations on the Status and Transfer of Players (RSTP).
Facts/Procedure
Niko Tokic (the Player) claimed outstanding monies to Hong Kong Pegasus FC (the Club).
On 15 January 2015, the Player and the Club entered into an employment Contract with a term beginning on 14 January 2015 and ending on 31 May 2016. The Contract was endorsed by the Hong Kong FA (HKFA) and contained, on the initial page, its term and information about the Player’s “basic wages”. The Contract also contained three pages titled “Terms of Agreement”.
Contemporaneously, the parties appear to have signed two letter agreements on Club letterhead, each labelled “Private & Confidential”. The first refers to the nature of additional...
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