Case Study On The Football Players’ Secondary Transfer Sharing Of The Court Of Arbitration For Sport

It is common to include a sell-on clause in a player’s transfer agreement,in which the original club agrees to accept a lower initial fee from the new club when a player is sold,but reserves the right to Sell the player to a third party.The right to receive a percentage of the proceeds from the second transfer fee received by the new club;At the same time,based on this clause,the new club needs to pay a relatively low initial transfer fee,which can also reduce the financial pressure of the new club to a certain extent,and the old and new clubs actually establish a win-win partnership through this clause.However,due to various reasons,the key elements of activating the second transfer sharing clause and paying the sharing fee are ambiguous or even lack of agreement,which leads to the second transfer sharing dispute.A study of 24 secondary transfer sharing cases heard by the Court of Arbitration for Sport shows that the issues concerned by the arbitration tribunal in these cases are relatively concentrated.First,the standard of secondary transfer into clause activated,the form of secondary transfer,the amount of secondary transfer,factors such as economic rights are divided,in principle,shall not affect secondary transfer into the terms of the activation,but in order to avoid to pay into fee for the "false" behavior cannot activate the into clause.Second,in terms of the compensation liability for wrongfully preventing the new club from realizing the right of sharing,if the new club improperly prevents the second transfer of the player and its behavior damages the original club’s right to share the expected transfer proceeds,it will be regarded as the improper behavior of preventing the realization of the right of sharing and should bear the compensation liability to the original club.Third,on the issue of transfer into fee calculation base,clear to the new club from a third party the amount of "real income" to confirm the amount of secondary transfer fee,and the "expenditure" is directly related to the transfer activity is a standard,determine the general case the new club can be deducted directly from the secondary transfer fees,computing the fee for transfer into base.Fourth,in terms of secondary transfer into the problem of the relation between FIFA prohibitive rules,through the analysis of the case review,evaluating content is divided into clause constitutes a threat to fair competition,if only based on the players in the future to set different into proportion limit constraint conditions of financial autonomy is generally thought that is not in violation of the ban on TPI.Club to get into interests of the clause in the disputed contract,should take the initiative in international sports arbitration court ruling lesson,especially pay attention to the following four points: first,refining the terms of the contract content,such as should have complete activation conditions prescribed,the liability for compensation and the provisions of the fee,and create a new club for secondary transfer business to inform obligation;Second,strictly review the content of the clause to avoid violating the relevant prohibition rules;Third,pay attention to the daily management and retention of documents,so that the club can have evidence to follow when it undertakes the burden of proof.At the same time,sports organizations should also play a role in providing guidance for the prevention of transfer sharing disputes,and in the event of disputes,the interpretation rules should be used to interpret the content of the clauses properly.