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Football-legal
28
Jan
2016
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CAS
Cases
Russian Federation International
Football Legal # 5

Disproportionality of liquidated damages: a different approach in similar circumstances


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CAS 2015/A/3946 ZAO FC Lokomotiv v. Leonid Stanislavovich Kuchuk and the Football Union of Russia
Date of the decision: 2016-01-28
Arbitrator(s): Bernhard Welten Efraim Barak Dirk-Reiner Martens

CAS 2014/A/3686 FC Rubin Kazan v. Dmitri Yevgenyevich Torbinskyi & Football Union of Russia

CAS 2015/A/3946 ZAO FC Lokomotiv v. Leonid Stanislavovich Kuchuk and the Football Union of Russia

In the past few months, the Court of Arbitration for Sport (CAS) issued two arbitral awards with quite different approach towards the possibility of reduction of contractually agreed liquidated damages.

The first dispute was between Russian club Rubin Kazan and professional player Dmitri Torbinskyi, while the second one was between Russian club FC Lokomotiv and coach Leonid Kuchuk.

In the case of Leonid Kuchuk the Panel decided that the FUR Regulations on the Status and Transfer of Players should apply on a principle basis, while Russian Law should apply in subsidiary.

In the case of Dmitri Torbinskyi the Panel found applicable both the FIFA and FUR Regulations on the Status and...

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Topics
  • CAS
  • Player/Coach Contract
Keywords
  • Football Union of Russia (FUR)
  • Breach of contract
  • Court of Arbitration for Sport (CAS)
  • FIFA Regulations
  • National Regulations
  • Player contract
Find out more
  • CAS jurisprudence overview concerning compensation for breach of contract with the participation of Russian clubs
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