1. As a general rule, according to Article R56 of the CAS Code, the Parties are required to submit all their evidence and arguments with the filing of the Appeal Brief and the Answer, after which they shall not be authorized to supplement their request or their arguments or to produce new exhibits, unless the parties agree otherwise or the CAS panel orders otherwise on the basis of exceptional circumstances. Moreover, according to Article R44.3 of the CAS Code which is also applicable to appeal proceedings through the reference contained in Article R57 (3), the CAS panel may at any time order, inter alia, the production of additional documents if it deems it appropriate to supplement the presentations of the parties.
2. Without prejudice to the provision of article R57 of the CAS Code, which confers the CAS the full power to review the facts and the law of the case, a CAS panel is nonetheless bound to the limits of the parties’ motions, since the arbitral nature of the proceedings obliges the panel to decide all claims submitted by the Parties and, at the same time, prevents it from granting more than the Parties are asking by submitting their requests for relief to the CAS, according to the principle of ne ultra petita.
3. According to Swiss law and consistent with the long-established CAS jurisprudence a player has the duty to mitigate his damages. However, the circumstance that a player received a higher remuneration under his former contract than he will receive under his new contract is not in itself sufficient to mean automatically that the compensation payable from his former club has to be reduced in the event that the new contract does not pay the player just as well as the original contract did.
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