In this article, the authors examine the differing approaches of FIFA and the Court of Arbitration for Sport (CAS) to the issue of parity of termination rights, and how that is the case given that both forums will generally apply the same regulations and governing law to player-club disputes of an international dimension. Indeed, it will become apparent just how important it is for termination provisions in an employment contract to be drafted in a manner that are clear, robust and enforceable - to avoid potential problems down the line.
Introduction
Former Liverpool Manager Bill Shankly once famously said that “some people believe football is a matter of life and death… I can assure you, it is much, much more important than that.” Whilst that might be so (at times) for die-hard fans, it can sometimes be forgotten that players are employees with their own livelihoods on the line - particularly given the comparatively short career of the average professional footballer. With so much at stake - both on and off the pitch - it comes as no real surprise that disputes often arise between players and clubs.
When one of those parties wishes to bring the employment contract to an end, the situation can be far from straightforward. This results from the interaction of various factors - for instance, the nuances and applicable regulations...
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