Termination Clause: CAS 2025/A/11526 Al Fayha Football Club v. Fabio Muchinel Tepedino

CAS 2025/A/11526 Al Fayha Football Club v. Fabio Muchinel Tepedino

Date of the decision: 2026-04-13

Arbitrator(s): López Batet Jordi Anna Bordiugova James Drake KC

A contractually conferred unilateral termination right is exercised under its own terms; the FIFA RSTP/Swiss Law framework on termination with or without just cause applies only when a party terminates outside that agreed mechanism.

Facts and Procedure

On 10 November 2022, the Parties concluded an employment contract for the 2022-2023, 2023-2024 and 2024-2025 seasons (Contract), engaging the Respondent to replace an outgoing goalkeeper coach within Mr. Rašović’s staff. Clause 4.1 fixed total remuneration for the three seasons, payable in equal monthly instalments on the last working day of each month. Clause 4.2 entitled the Coach to match bonuses “in the amount corresponding to 50% of the players’ bonuses”, and Clause 4.7 obliged the Club to pay remuneration during the Coach’s four weeks of annual paid holiday.

Two termination provisions were central to the dispute. Clause 5.2 permitted...

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