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World Sports Advocate
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Volume: 15 Issue: 10
(October 2017)

Keywords:
cas ruling acf fiorentina salah chelsea latin expression mala fide seems summarise perfectly final chapter salah drama

Jurisdictions:
Italy

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The CAS ruling in ACF Fiorentina v. Salah & Chelsea FC

The Latin expression mala fide seems to summarise perfectly the final chapter of the Salah drama, in which Chelsea FC condemned ACF Fiorentina’s attempt to “extort” money from the Club and former player Mohamed Salah, after being cleared of wrongdoing by the Court of Arbitration for Sport in CAS 2016/A/4816 ACF Fiorentina v. Mohamed Salah Ghaly & Chelsea FC. Salah spent the second half of the 2014/15 season on loan at ACF Fiorentina from Chelsea FC, then joined Serie A rivals A.S. Roma on loan for the start of the 2015/16 season. ACF Fiorentina believed they had an agreement in place with Chelsea FC to extend Salah’s loan for another season and subsequently made a complaint to FIFA, alleging a breach of contract. Salah’s party argued that the player’s consent was needed before an extension to the loan could be agreed. FIFA quashed ACF Fiorentina’s complaint in May 2016 and, 13 months later, the Court of Arbitration for Sport (‘CAS’) has come to the same conclusion, with interesting remarks on the interpretation of a contract and the parties’ behaviour, as Matteo Di Francesco, Italian Labour and Sports Lawyer, explains.

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