CAS confirmed that a Conditional Fee linked to qualification for the Copa Libertadores was due where the contract did not limit payment to the Group Phase and the club failed to prove that such limitation reflected the parties’ true and common intention. The Sole Arbitrator also upheld the Acceleration Clause and confirmed the FIFA PSC decision.
Facts and Procedure
On 15 August 2024, Philadelphia Union (Union), acting through Major League Soccer (MLS), which acts as the contractual party for its affiliated clubs, and Corinthians, with the consent of the player José Andrés Martínez Torres (the Player), executed an agreement for the permanent transfer of the Player from Union to Corinthians (Transfer Agreement).
Clause 2 of the Transfer Agreement established a guaranteed Transfer Fee of USD 1.6 million (approx. EUR 1.39 million), broken down into four installments:
- Installment 1: USD 200,000 (approx. EUR 173,200) payable following the receipt of the Player’s...
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