CAS Jurisprudence on Just Cause Termination of a Contract in Professional Football

Termination of a contract with or without a just cause is a common issue in professional football. The Court of Arbitration for Sport (CAS) has gradually formed a unique jurisprudence of termination on professional football contracts with a just cause by solving such disputes. The CAS jurisprudence on the termination of a contract with a just cause in professional football is studied. It indicates that the club's overdue salaries and infringement of personality rights can constitute the "just cause" for players to terminate the contract, and the player's serious breach of contract or gross misconduct may constitute a "just cause" for the club to terminate the contract. On the other hand, however, the player's "poor performance" or injury can hardly constitute a "just cause" for the club to terminate the contract. CAS has formed corresponding standards to judge whether these reasons constitute a "just cause". In order to maintain the stability of the contract, CAS jurisprudence emphasizes the "pacta sunt servanda", highlights the "principle of good faith" and protects the personality rights of athletes. Through the analysis of the typical cases involving Chinese clubs, it is proposed that for the possible Chinese parties of CAS, the Chinese clubs should strengthen the awareness of rules and law, and fully study and understand the international rules and CAS jurisprudence. In China, the standardization and legalization of domestic football governance are insufficient, so it is urgent to strengthen the construction of rule of law.