This is the latest of a number of recent cases exploring the issue of when disputes between Participants regulated by the English Football Association (but not involving the FA itself) are bound by the provisions of the FA’s ‘Rule K’ arbitration rules.
Background
In 2017, AB, a professional footballer, entered into an employment contract with the Defendant, Everton Football Club (Everton). The Claimants, Mercato Sports (UK) Limited (Mercato) and Mr Mark McKay (McKay), claimed they brought AB to Everton’s attention. The Claimants sought payment for their services either pursuant to an implied contract of retainer or by reason of unjust enrichment.
Everton denied liability and sought a stay of the proceedings pursuant to section 9 of the Arbitration Act 1996[1] on the basis that Rule K[2] of the FA Rules (Rules) operated as an arbitration agreement between the Claimants and Everton. Mr McKay accepted he was a registered intermediary with the FA and...
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