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CAS decision favours contractual stability

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The Court of Arbitration for Sport (CAS) recently issued a decision on an appeal lodged by the club Al Kuwait Sporting Club, fully confirming a previous decision from the FIFA Dispute Resolution Chamber (DRC). This decision by CAS supports FIFA's aim of safeguarding the principle of maintenance of contractual stability between professional football players and clubs.

The CAS confirmed on 30 December 2008 that Al Kuwait SC shall pay compensation for breach of contract in the amount of $120,000 to the Estonian player Vjatseslav Zahovaiko, and that Al Kuwait SC shall be banned from registering new players, either nationally or internationally, for the two registration periods following the notification of the decision of the CAS.

In its decision of 15 February 2008, the DRC had determined that Al Kuwait SC had breached the employment contract with the player Vjatseslav Zahovaiko. The DRC had issued the same verdict, which has now been confirmed by CAS.

During the proceedings before the DRC and the CAS, Al Kuwait SC denied being responsible for the early termination of the employment contract and declared that it legally terminated the employment contract in consequence to negative results of a medical test that was carried out after the conclusion of the respective employment contract. This argument was turned down by both the DRC and the CAS in view of art. 18 par. 4 of the Regulations on the Status and Transfer of Players.

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