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CAS 2016A4741 Club de Regatas Vasco da Gama v Pedro Cabral Silva Junior (CAS)

Why it matters

This case clarifies that the FIFA Players' Agents Regulations only apply to negotiations for employment contracts or transfer agreements, not to settlement of disputes arising from prior transfers. It also reinforces that the personal element is crucial in the agent-client relationship, and agents cannot delegate their duties to third parties or have conflicts of interest.

Summary

Vasco da Gama (the Club) had transferred player D. to Al-Ittihad for EUR 5 million. Al-Ittihad failed to pay, leading to a FIFA decision and CAS award in the Club's favour. In 2014, the Club authorized agent Pedro Cabral Silva Junior for 15 days to negotiate a settlement. No settlement was reached during that period. Later, in 2015, the Club's lawyer negotiated a settlement directly with Al-Ittihad. The agent claimed a 10% commission, arguing his authorization was tacitly extended and that his commercial partner, Rodrigo Nunes Oliveira, participated. The Brazilian CBF's CRL initially awarded 10%, then reduced to 3%. The Club appealed to CAS. The Sole Arbitrator found that the FIFA PAR did not apply because the agent's alleged services concerned settling a dispute, not negotiating a transfer or employment contract. Even if it did apply, the agent failed to prove he performed any services; the authorization expired after 15 days and was not extended. Moreover, the agent's alleged partner represented Al-Ittihad, creating a conflict of interest. The appeal was upheld, and the agent received nothing.

The detail

Parties: CAS 2016A4741 Club de Regatas Vasco da Gama v Pedro Cabral Silva Junior

Outcome: Appeal upheld; CRL decision set aside; Agent entitled to no commission.

Applicable law: FIFA Players' Agents Regulations (2008 edition), Brazilian law, Swiss law

Issues in play: Whether the FIFA PAR applied to an agent's services in settling a dispute between clubs (not a transfer or employment negotiation), and whether the agent could delegate his role to a commercial partner.

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

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