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Football-legal
28
Jun
2021
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Eugene KRECHETOV
CAS
Cases
International
Football Legal # 16

Clubs must complete due diligence before engaging a football player


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CAS 2020/A/7241 Club Al Nasr FC v. Abubakir Muydinov
Date of the decision: 2021-06-28
Arbitrator(s): Pat Barriscale

The CAS confirms that clubs must always act diligently and are therefore required to undertake all necessary research and take all appropriate steps before concluding an employment contract with a player. Any contractual clauses that pass the buck to the player have to be considered invalid.

In this case, the Arabian club failed to register the player due to the impossibility to meet the mandatory requirements of its Football Association and chose to fire him based on a contractual clause reading that the contract had to come to an end in the case certain facts appear. The FIFA Dispute Resolution Chamber and the Court of Arbitration for Sport both confirmed that it is always up to the club to check in advance if players can satisfy the requirements mandatory for being registered.[1]

Facts of the case

In the summer of 2019, the club Al Nasr FC (the Club) - from Dubai - was looking for foreign players born...

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Topics
  • CAS
  • Labour disputes
  • Contractual terms
  • Player Transfer
Keywords
  • Breach of contract
  • Burden of proof
  • Court of Arbitration for Sport (CAS)
  • Ineligibility
  • National Regulations
  • National team
  • Player transfer
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Eugene KRECHETOV
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