CAS 2015A4326 Al-Ittihad FC v Ghassan Waked
CAS · Football (FIFA / CAS) · Switzerland · 19 Oct 2016
Why it matters
This case clarifies that an agent's commission is not automatically reduced if the player leaves early, unless the contract links payment to the player's stay. It also confirms that two separate commission agreements can coexist for different services (employment contract and transfer agreement), and that a 10% commission is not per se excessive under Swiss law.
Summary
Al-Ittihad FC appealed a FIFA decision ordering it to pay agent Ghassan Waked EUR 340,000 in commission for facilitating the transfer of player A. from Hajduk Split. The club argued that the agent had not been significantly involved, that one of the two commission agreements superseded the other, and that the commission was excessive and should be reduced because the player left early. The CAS panel dismissed the appeal. It held that the agent had proven his significant involvement through documentary evidence, including references in the employment contract and transfer agreement, and a letter from the club's president. The two commission agreements were found to cover different services (the employment contract and the transfer agreement) and both remained valid. The commission of 10% was not excessive, and there was no link between the player's stay and the commission owed. The panel confirmed the full amount plus interest.
The detail
Parties: CAS 2015A4326 Al-Ittihad FC v Ghassan Waked
Outcome: The appeal by Al-Ittihad FC was dismissed. The FIFA decision ordering the club to pay the agent EUR 340,000 plus 5% interest from 16 September 2012 was confirmed.
Quantum: EUR 340,000
Applicable law: FIFA Regulations on the Status and Transfer of Players (2008 edition), Swiss Code of Obligations (CO), FIFA Players' Agent Regulations
Issues in play: The case involved interpretation of two commission agreements signed on the same day, and whether the agent had fulfilled his obligations to be entitled to commission. The principle of pacta sunt servanda and the test of 'significant involvement' of the agent were central.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.