CAS 2016/A/4826 Nilmar Honorato da Silva v. El Jaish FC & FIFA

CAS 2016/A/4826 Nilmar Honorato da Silva v. El Jaish FC & Fédération Internationale de Football Association (FIFA)

Date of the decision: 2017-08-23

Arbitrator(s): Ulrich Haas Michele Bernasconi Massimo Coccia

To apply Article 21 SCO, the injured party must have been in straitened circumstances when concluding the contract, the party entitled to benefit from the contract must have exploited the other party and a clear disparity between performance and consideration is needed.

Facts/Procedure

On 23 January 2014, the Player and the Club concluded an Employment Contract, valid as from the date of signature until 31 July 2016.

On 29 July 2014, the Club sent an email to the Player enclosing a document titled “Termination Letter” and dated it 23 July 2014. The Club argued in the email that the Player refused to receive the Termination Letter by hand and that it therefore proceeded to notify him by email.

On 1 August 2014, the Player returned to his home country. On 20 August 2014,...

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