Application of the KNVB Regulations on Intermediaries: Taking note of the Kongolo-case

Application of the KNVB Regulations on Intermediaries: Taking note of the Kongolo-case

On 7 March 2018, the Arbitration Tribunal of the Royal Dutch Football Association (KNVB Arbitration Tribunal) issued a decision on claims filed by Erkan Alkan (an intermediary, hereinafter referred as to Alkan) against Terence Kongolo (a Dutch football player, hereinafter referred as to Kongolo), Robert Karel Jansen (an intermediary) and Feyenoord Rotterdam, after Kongolo transferred from Feyenoord to AS Monaco in July 2017.[1] The Arbitration Tribunal decided on the validity of representation contracts and the interpretation of the contractual terms considering the applicable KNVB Regulations on Intermediaries (KNVB RI).

KNVB Arbitration Tribunal, 7 March 2018, case no. 1455, Alkan v. Kongolo, Jansen & Feyenoord Rotterdam

Factual background

Alkan and Kongolo signed a two-year representation contact dated 3 September 2015 (valid until 3 September 2017) (the “first representation contract”),[1] in which no clause for exclusive representation was included and in which the possibility of early termination was not excluded.[2] This first representation contract was submitted to the KNVB for registration in accordance with Article 6(1) of the KNVB RI.[3]

According to Alkan, the parties signed a second representation contract on the same date...

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