Case Law on Player’s Agents, Where Are We Now?

Case Law on Player’s Agents, Where Are We Now?
As expected for some time, on 25 September 2019 the Football Stakeholders Committee (FSC) announced, among others, a raft of recommendations relating to the role of agents in football.[1] These was voted on at the upcoming FIFA Council meeting on 24 October 2019[2] and will have a wide-ranging impact across football. At the recent Edinburgh Sports Conference, Michele Bernasconi, leading CAS Arbitrator, spoke about the CAS case-law relating to Agents.[3] Given the numerous changes which will soon be introduced, and the litigation this will undoubtedly result in, it is sensible to take stock of the current position.
 
[1] FIFA and Football Stakeholders Agree on the Introduction of a Cap on Agents’ Commissions and a Limit on Loans, Football Legal, 26 September 2019 <https://www.football-legal.com/content/fifa-and-football-stakeholders-agree-on-the-introduction-of-a-cap-on-agents-commissions-and-a-limit-on-loans>
[3] Presentation by Michele Bernasconi, CAS Arbitrator, at the Edinburgh Sports Conference, 5th September 2019, “Case law on players’ agents”.

 

This article will analyse the CAS case-law on Agents looking at four key areas:

  • Challenging commission amounts;
  • Has the fee been earned?
  • Assessing fees in lieu of clear contractual provisions;
  • Standing to sue.

These areas are the most pertinent to focus on, given the recommendations proposed by the FSC. The FSC has proposed a cap on Agents’ commissions, limiting it to a maximum of:

  • 10% of the transfer fee for the agent(s) working on behalf of the selling club;
  • 3% of the players’ remuneration for the agent(s)...

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