Litigator & Counselor
This article is part of a series on FIFA’s enforcement of Article 18bis in its Rules on the Status and Transfer of Players. This rule forbids a club from entering into any transaction that may allow the counter-club or a third party to influence “in employment and transfer-related matters [the club’s] independence, [their] policies or …
Continue reading “Notes on Third-Party Influence: Trying to Insure the Sell-on Fee”
There is a subset of third-party influence cases that turn on a confusing distinction between penalty and bonus clauses. Usually, the debate arises in the context of a loan agreement. Generally-speaking, one club will loan a player to another, with a provision that increases the fee based on how much the player plays. In some …
Continue reading “Notes on Third-Party Influence: Penalties vs. Bonuses”
FIFA’s Regulations on the Status and Transfer of Players include two provisions that restrict third-party influence on clubs: Article 18bis, which limits influence from other clubs, and Article 18ter, which limits influence from outside entities. Through FIFA’s enforcement, these two rules have matured into a thick body of law – one that covers almost any …
Continue reading “Notes on Third-Party Influence: Consent and Rivals Clauses”
In the summer of 2019, Roma transferred two players to Spartak Moscow for €3 million each. The first player – well-regarded striker Ezequiel Ponce – was worth at least that much. But the second – reserve team goalkeeper Andrea Romagnoli – was worth far less. At the time, Roma owed a sell-on fee to Argentine …
Continue reading “FIFA Case Note: Newell’s Old Boys v. Roma”
Long-standing precedent from FIFA’s Dispute Resolution Chamber entitles clubs to training compensation for the period they take a player on loan. But the right to compensation does not arise until the parent club transfers the player to a club in another association. In other words, the time with the parent club and the time on …
Continue reading “FIFA Case Note: Udinese v. Paris St. Germain”
Article 19 of FIFA’s Regulations on the Status and Transfer of Players remains a tough wall to clear. Generally, the rule bars clubs from signing foreign players under age 18, except in three limited circumstances.[1] The most controversial of these is exception (a), which allows the transfer if the player’s parent moved to the new …
Continue reading “The Wrong Kind of Exceptional: Oscar Bobb’s Uselessly Close Article 19 Case”
Terry Brennan Law 