As expected for some time, on 25 September 2019 the Football Stakeholders Committee (FSC) announced, among others, a raft of recommendations relating to the role of agents in football.[1] These was voted on at the upcoming FIFA Council meeting on 24 October 2019[2] and will have a wide-ranging impact across football. At the recent Edinburgh Sports Conference, Michele Bernasconi, leading CAS Arbitrator, spoke about the CAS case-law relating to Agents.[3] Given the numerous changes which will soon be introduced, and the litigation this will undoubtedly result in, it is sensible to take stock of the current position.
[1] FIFA and Football Stakeholders Agree on the Introduction of a Cap on Agents’ Commissions and a Limit on Loans, Football Legal, 26 September 2019 <https://www.football-legal.com/content/fifa-and-football-stakeholders-agree-on-the-introduction-of-a-cap-on-agents-commissions-and-a-limit-on-loans>
[2] www.fifa.com/about-fifa/who-we-are/news/fifa-and-football-stakeholders-recommend-cap-on-agents-commissions-and-limit-on-
[3] Presentation by Michele Bernasconi, CAS Arbitrator, at the Edinburgh Sports Conference, 5th September 2019, “Case law on players’ agents”.
This article will analyse the CAS case-law on Agents looking at four key areas:
- Challenging commission amounts;
- Has the fee been earned?
- Assessing fees in lieu of clear contractual provisions;
- Standing to sue.
These areas are the most pertinent to focus on, given the recommendations proposed by the FSC. The FSC has proposed a cap on Agents’ commissions, limiting it to a maximum of:
- 10% of the transfer fee for the agent(s) working on behalf of the selling club;
- 3% of the players’ remuneration for the agent(s)...
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