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Football-legal
31
Dec
2021
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Georgi GRADEV
Maya CHIPEVA
CAS
Cases
International
Football Legal # 16

Critical Analysis of the Daugavpils Award


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CAS 2020/A/7252 BFC Daugavpils v. FC Kairat & FIFA
Date of the decision: 2021-05-31
Arbitrator(s): Frans De Weger Massimo Coccia Ulrich Haas

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.

Facts

 

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Topics
  • CAS
  • Labour disputes
  • Solidarity mechanism
  • FIFA
Keywords
  • FIFA
  • Court of Arbitration for Sport (CAS)
  • Deadline for appeal
  • FIFA proceedings
  • Transfer Matching System (TMS)
  • Procedure
  • Swiss Law
  • Training compensation
  • FIFA RSTP
Find out more
  • Preclusion: CAS 2020/A/7252 BFC Daugavpils v. FC Kairat & FIFA
Authored by
Georgi GRADEV
About Georgi GRADEV
Maya CHIPEVA
About Maya CHIPEVA
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