Al Ahli Football Club v. Frank Trimboli (CAS 2014/A/3669)
CAS · Football (FIFA / CAS) · Switzerland · 16 July 2015
Why it matters
This case clarifies that under FIFA Players' Agents Regulations, invoices for an agent's fees may be issued by the corporate entity employing the agent, and the agent need not be named on the invoice. It also confirms that a club's repeated promises to pay can waive any technical deficiencies in invoicing. The decision reinforces the principle of pacta sunt servanda in football agency contracts.
Summary
Al Ahli Football Club (the Club) engaged Frank Trimboli, a licensed agent employed by Base Soccer Agency, to assist in signing a player. The representation agreement provided for fees totaling €600,000, payable in installments. Base sent invoices on Trimboli's behalf, but the Club did not pay. Trimboli filed a claim with FIFA, which ordered the Club to pay. The Club appealed to CAS, raising three arguments: (1) invoices were not issued by Trimboli personally, violating the agreement and FIFA regulations; (2) Trimboli was not sufficiently involved in the negotiations; (3) the fee was disproportionate. The Sole Arbitrator rejected all arguments. On the invoice issue, he held that nothing in the agreement or FIFA regulations required Trimboli's name on invoices; invoices sent by his employer sufficed. Moreover, the Club's emails promising payment waived any objection. On involvement, Trimboli provided a detailed witness statement of his role in negotiations, which the Club failed to rebut with evidence. The fee was contractually agreed, and the arbitrator declined to reduce it. The appeal was dismissed, and the Club was ordered to pay the full amount plus interest.
The detail
Parties: Al Ahli Football Club v Frank Trimboli
Case number: CAS 2014/A/3669
Outcome: Appeal dismissed; Al Ahli ordered to pay €600,000 plus 5% interest per year from 12 December 2012.
Quantum: €600,000
Applicable law: FIFA Players' Agents Regulations; laws of England and Wales
Issues in play: Whether invoices issued by an agency on behalf of a licensed agent satisfy the requirement for 'written invoices' under the representation agreement, and whether the agent's involvement in negotiations was sufficient to earn the fee.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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