Club v. Agent: the Swiss Federal Tribunal Dismisses Revision Application

Swiss Federal Tribunal, 16 March 2020, decision 4A_536/2018

Date of the decision: 2020-03-16

On 16 March 2020, the Swiss Federal Tribunal (SFT) rejected an annulment of arbitration award application concerning a dispute between a Club and an Agent (Z). The Club’s application was rejected because it could not prove that its procedural rights were vulnerated by CAS.

Facts and Procedure

On 1 January 2013, the Club and the Player, who was a minor, signed an employment contract valid until 30 June 2015. In 2014, the Club tried to secure the Player’s services until 2020. However, this was forbidden by Article 18.2 of the FIFA Regulations on the Status and Transfer of Players (FIFA RSTP), which states that “players under the age of 18 may not sign a professional contract for a term longer than three years”. Therefore, the Club prepared and drafted two different employment contracts: a first employment contract from 1 July 2015 to 30 June 2017, and a...

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