Ujwal Trivedi, Partner at M/s Manilal Kher Ambalal & Co (Advocates, Solicitors & Notary), MKA Chambers, British Hotel Lane, Off Mumbai Samachar Marg, Fort, Mumbai, Maharashtra, India.
ABSTRACT
The present article deals with a pertinent issue of interpreting commercial legal contracts between two football clubs for loaning a player. The loan arrangement was conditional in nature as it mandated that the player plays 50% of the games in a season. Unfortunately, the player gets injured during the season and the club concerned is unable to provide the player with sufficient game time. CAS in the present case had the opportunity of weighing ‘the literal interpretation’ approach against ‘a purposive interpretation’ approach in interpreting commercial contracts. Should CAS literally abide by the 50% stipulated target of achieving game time or should it take into account the player injury which made it impossible to provide game time to the player concerned? This article analysis the case with an Indian perspective on the findings of CAS jurisprudence before revealing the outcome of the present case.
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