Supreme Court upholds non-recognition of CAS decision to recover €350,000 from FC Dynamo
MOSCOW, December 4 (RAPSI) – Russia’s Supreme Court upheld a lower court’s ruling to refuse recognition and enforcement of a decision of the Court of Arbitration for Sport (CAS), which had earlier said that €350,000 were to be recovered from FC Dynamo Moscow in favor of English Lucid Sports Group Ltd in relation to the preparation of transfer of Ghanaian footballer Abdul Aziz Tetteh, according to the court materials.
This June, the Moscow Commercial Court ruled to dismiss the claim of Lucid Sports Group; in September the ruling was upheld by a higher court, later the English company challenged these rulings in Russia’s Supreme Court.
The Supreme Court noted that the enforcement of the CAS decision would have been contrary to the national public policy, since the dispute of the parties was settled by an international commercial arbitration body having no jurisdiction over the matter.
FC Dynamo says the parties concluded no arbitration agreement, so Lucid Sports Group Ltd had no right to choose CAS as a venue for settling of disputes if those could not be settled by the way of negotiations.
Russian courts accepted the arguments put forward by FC Dynamo noting there was no evidence that the parties had agreed that CAS was the proper venue for the settlement of their disputes.