A player may have a standing to sue as a third-party beneficiary. A clause requires considering the true intent of the parties rather than merely the clause’s wording.
Introduction
This case centers around the interpretation of contractual obligations related to insurance coverage and the player’s legal standing to invoke rights under a Loan Agreement as a third-party beneficiary. The Sole Arbitrator had to determine the true intention of the parties in a clause requiring the procurement of occupational accident insurance.
Factual Background
On 30 June 2022, the Brazilian football club Fortaleza and the South Korean football club Daejeon Hana Citizen (Club) entered into a loan agreement (Loan Agreement), which temporarily transferred the player Renato Kayzer de Souza (Player) to Daejeon. The Loan Agreement was set to expire on 31 December 2022.
Clause 4.1 of the Loan Agreement required Daejeon to...
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