Mizan News Agency – Football sport, due to its nature, along with the huge turnover that exists in this field, is facing more problems in concluding contracts, and as a result, its issues are receiving more media attention due to the sensitivity and public acceptance of this sport. While many of these issues exist in other sports, they do not become as prominent and newsworthy due to their lack of media coverage.
According to FIFA regulations, in the first place and before concluding any contract, the necessary medical tests must be performed to ensure the health of the player, because if a club is informed of an athlete’s health after concluding a contract, it is obliged to fulfill its obligations under international law. There will be a player in the contract, and compliance with the rules of the transfer window is another key point in concluding a contract.
If the CEO of a club uses a non-specialist legal advisor in concluding sports contracts, the club will be aware of its financial and legal damages within a short period of time.
There is a huge volume of sports contracts that, in addition to attracting players, coaches and staff, include things like working with sponsors, buying services such as buying tickets from travel agencies, renting sports venues, buying clothes and equipment, commercializing and branding, and so on. And in no way a person who does not have the necessary knowledge and aristocracy in this regard, can not enter in these cases.
Unfortunately, when some of our clubs send Persian texts for translation and submission to the International Court of Arbitration for Sport (CAS) to translation agencies that may not specialize in sports law, and send the same text to international authorities, when the procedure is the same, It is clear that we can not defend our rights on the world stage, even where we are right. Now let’s say that many contracts have been handled in such a way that we are already a loser in that case.
At the time he was supposed to be a lawyer in the case Mark Wilmots The former head coach of the national football team should be active. As the internal managers of the federation stated, in concluding the contract with Wilmots, an attempt was made to examine all the weaknesses of the previous head coaches’ contracts in the form of an internal committee. A legal advisor does not appear to have played a direct or decisive role in this regard.
Unfortunately, in clubs, it is common for the CEO, the director of sports or executive affairs to negotiate and conclude a contract and simply ask the club’s legal manager to sign the contract and to understand that the club’s legal department should play a decisive role in the negotiations. Be responsible, does not exist.
Basically, our sports contracts are 30 to 40 percent different from what FIFA rules provide; First of all, we do not have the necessary financial management in concluding contracts, because according to FIFA rules, if a player does not receive his salary after 2 months, he can terminate the contract, but most of our clubs do not have the necessary order in financial payments. He did not receive his salary on time and no longer adheres to other obligations under the contract. It has sold its advertisements to the sponsor and there is no right to direct advertisements. The player advertises on his virtual page.
FIFA rules emphasize the balance between the club and the player, you can not impose something on the player, but on the other hand, the club does not have the corresponding commitment in a balanced way, which results in many of our contracts if FIFA will vote to annul them.
Sometimes a lawyer or legal advisor, to the best of his knowledge and to know the details of the case, submits his advice to the club, because in some cases, unfortunately, many details of a case are not provided to the lawyers and are hidden from them. Appears to face a contract page, but can not figure out what is behind the matter of reality.
He cited managerial, executive, professional and scientific weaknesses along with moral weakness and corruption as the pathology elements of international sports contracts.
With the establishment of a National Sports Refereeing Center as an intermediary, all cases must be reviewed by independent legal authorities before being sent to the Court of Arbitration for Sport and FIFA, which can solve many problems, and the Ministry of Sports and Youth or the Federation Establish an independent body as the Special Inspector for Combating Corruption in Sports to investigate all allegations of corruption, while the federation should commit clubs to nominating an experienced legal advisor such as a head coach. Are introduced to the federation to prevent or eliminate at least some of these problems.
*Amir Saad LawyerInternational Lawyer and University Professor
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