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Ahmed Fathy v. Mohamed Hamid (CAS 2010/A/2306) (CAS)

Why it matters

This case clarifies that ambiguous commission clauses in player-agent contracts are interpreted against the agent (contra proferentem) and in line with the protective spirit of FIFA Regulations. It limits agent commissions to actual income received, not total contract value, and affirms that players can terminate agency contracts for just cause, reinforcing player protection.

Summary

Ahmed Fathy, an Egyptian footballer, signed a representation contract with agent Mohamed Hamid in November 2006. The contract stated Fathy would pay 10% commission from his 'annual basic income' and that the entire commission was due upon receiving the first instalment from the club. Fathy signed with Sheffield United in January 2007, earning GBP 3,750-4,750 per week plus signing fees. After Sheffield's relegation, Fathy terminated the contract in August 2007, citing deficient services. He later signed with Al Ahly without Hamid's help. Hamid claimed commission on the full value of the Sheffield contract (over GBP 699,250) and on the Al Ahly contract. FIFA's Single Judge awarded Hamid 10% of the total Sheffield contract value (GBP 69,925 plus GBP 15,000 already paid). Fathy appealed to CAS. The CAS panel found the commission clause ambiguous: it could mean 10% of annual income or 10% of total contract value. Applying Swiss law and the contra proferentem principle, the panel interpreted the clause against Hamid, who drafted it, and in light of the FIFA Regulations' protective spirit. The panel held that commission should be based on Fathy's first year's actual income (GBP 208,000), not the entire contract. It also excluded signing fees from the calculation. Since Fathy had already paid GBP 15,000, he owed an additional GBP 5,800. The panel also found that Fathy validly terminated the contract for just cause, so no commission was due on the Al Ahly contract. The award reduced the original amount significantly.

The detail

Parties: Ahmed Fathy v Mohamed Hamid

Case number: CAS 2010/A/2306

Outcome: Appeal partially successful; commission reduced to 10% of first year's salary, resulting in additional payment of GBP 5,800.

Quantum: GBP 5,800

Applicable law: FIFA Player's Agents Regulations (2001), Swiss Code of Obligations, Swiss Civil Code

Issues in play: Interpretation of ambiguous commission clause in agency contract; tension between literal wording and spirit of FIFA Regulations protecting players.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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