CAS 2016A4855, 4856, 4857 Gassan Waked v Al Shabab Club
CAS · Football (FIFA / CAS) · Switzerland · 5 Dec 2017
Why it matters
This case clarifies the legal effect of a settlement agreement on pre-existing contractual rights in football agency disputes. It establishes that a settlement agreement does not automatically extinguish original obligations unless clearly intended; instead, it may suspend them pending performance. The decision provides guidance on interpreting settlement agreements that reference multiple underlying contracts and on the doctrine of election in arbitration.
Summary
The case involves three appeals by football agent Gassan Waked against Al Shabab Club for unpaid commissions under three separate commission agreements for players Tagliabue, Rafinha, and Berrio. After Waked filed claims with FIFA, the parties entered a settlement agreement in June 2015 that listed specific amounts for each player and for a coach (M.). The settlement provided a payment schedule and stated that if payments were not made, the original claims could be resumed. The Club failed to pay any instalments. Waked then asked FIFA to resume proceedings, but the FIFA Single Judge rejected his claims, holding that the settlement agreement had extinguished the original commission agreements. Waked appealed to CAS. The CAS Panel found that the settlement agreement did not extinguish the original rights but only suspended them, as clause 6 of the settlement allowed resumption of proceedings if payments were not made. The Panel also noted that Waked had not elected to abandon his rights under the commission agreements by enforcing the settlement for the coach's fee. However, Waked failed to prove that player Tagliabue was transferred, so the claim under clause 9 of the Tagliabue agreement was dismissed. The Panel ordered the Club to pay USD 701,200 plus 5% interest from the due dates under the original commission agreements.
The detail
Parties: CAS 2016A4855, 4856, 4857 Gassan Waked v Al Shabab Club
Outcome: Appeals upheld in part; Al Shabab Club ordered to pay USD 701,200 plus interest at 5% per annum from specified dates.
Quantum: USD 701,200 plus interest
Applicable law: FIFA Regulations on the Status and Transfer of Players; Swiss Code of Obligations (Art. 104); CAS Code
Issues in play: Interpretation of a settlement agreement: whether it extinguished or merely suspended the original commission agreements. The Panel held that the settlement agreement suspended but did not extinguish the original rights, allowing the agent to claim under the original agreements.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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