Contracts granting a party the right to receive a certain percentage of income from the subsequent transfer of a football player are quite common. Situations in which the selling club attempts to avoid paying such a share are also not rare. A recent dispute between an intermediary and a Russian football club once again exposed this issue. Although, in this case, the percentage from the subsequent transfer was to be paid to the intermediary, the reasoning of the Court of Arbitration for Sport (CAS) is equally applicable to cases where the right to a share of the transfer proceeds (sell-on fee) belongs to a club. Likewise, although this dispute had no international element and was governed by the regulations of the Football Union of Russia and Russian Law, the arguments set out by the tribunal are also relevant to disputes with an international element governed by FIFA regulations and Swiss Law.
In February 2023, the football club Pari-NN and intermediary Vadim...
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