Validity of Employment Contract: CAS 2021/A/8292 SC East Bengal Football Club v. Omid Singh

CAS 2021/A/8292 SC East Bengal Football Club v. Omid Singh

Date of the decision: 2022-05-11

Arbitrator(s): Leanne O'Leary

Completing regulatory and administrative formalities - such as the issue of an International Transfer Certificate (ITC) and the related entry of documents into the Transfer Matching System (TMS) - is not a prerequisite for, and does not affect, the validity of an employment contract.

Facts and Procedure

In August 2019, the Player’s Agent traveled to India to participate in a ceremony for the Club’s 100th-anniversary celebration. Following the visit, two club officials and the Agent negotiated an employment contract between the Club and the Player.

Between 13 March 2020 and 18 March 2020, the Player, the Agent and the officials exchanged email messages which attached written versions of an employment contract for the 2020-2021 and 2021-2022 football seasons.

The contract recorded that it was “[s]igned by both the Parties under Seal on this 11th day of March 2020 (Eleventh March, Two Thousand Twenty).” A signature and seal were applied on behalf of the Club on each page, including the final page. The Player signed each page, and the Player’s signature and thumbprint appeared on the final page. The Club disputes the validity of the contract. On 18 March 2020, one of the Club’s officials...

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