There is no cap in the Players’ Agents Regulations on the amount of the remuneration of an agent who has been contracted by a club. The FIFA Regulations on Working with Intermediaries which came into force as of 1 April 2015 only recommend that the remuneration due to the intermediary be of 3% of the player’s basic gross income. Furthermore, Swiss Law does not foresee a mandatory cap on the amount of the remuneration of an agent contracted by a club.
An agent’s commission corresponding to 5% of a transfer fee is not unreasonable or contrary to common practice or indeed to Swiss Law. Furthermore, there is no link between the commission owed to an agent and the length of time the player transferred with the agent’s intervention spent at his new club.Facts/Procedure
On 15 July 2012, Mr Eduardo (the Agent), a licensed agent acting on the behalf of Mr Landler (the Player) wrote to Al-Ittihad in relation to the Player’s projected transfer to a Brazilian club. Thereafter, on 22 July 2012, the Parties entered into an agreement through which Al-Ittihad undertook to pay the Agent a commission in consideration for the Agent’s services in facilitating the Player’s transfer to Al-Ittihad.
On 21 July, the Club entered into another agency agreement with Mr Waked in which this agent was specifically “acting here for the Club in its recruitment of the Brazilian footballer from the Brazilian Club.” On the same date, the Club signed a third agency agreement with Mr Eduardo, stating that “the AGENT participated in the negotiations for hiring the Player, and negotiated with the CLUB the payment of an agency fee...
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