Critical analysis of the Daugavpils award

Critical analysis of the Daugavpils award

CAS 2020/A/7252 BFC Daugavpils v. FC Kairat & FIFA, award of 31 May 2021

 

In this case, FIFA made a proposal to BFC Daugavpils and FC Kairat regarding their dispute over training compensation for Ramazan Orazov. Daugavpils did not answer the proposal, while FC Kairat’s counsel explicitly accepted it. As a result, FIFA issued a confirmation letter without a legal basis, which Daugavpils appealed to the Court of Arbitration for Sport (CAS). CAS rendered the appeal admissible but rejected it due to preclusion (estoppel).

Introduction

This case was discussed in two articles: ‘Failure To Reply To A FIFA Proposal Under Article 13 - Lessons From Daugavpils V Kairat & FIFA, written by the fellow sports lawyer Luca Pastore, who represented FC Kairat, and ‘Preclusion: CAS 2020/A/7252 BFC Daugavpils v. FC Kairat & FIFA, written by Football Legal. Therefore, the authors will not deliberate on what was already stated and known by the distinguished audience. Rather, they will address the issues left untouched.

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