If a representation agreement contains an explicit and unequivocal exclusivity clause, an agent may be entitled to receive a commission even when he is not actively involved in a transfer. That commission is ordinarily calculated by reference to the amount the player is actually paid, not what he might be paid.

There is no cap on agents’ fees under Swiss law, meaning an adjudicating body asked to reduce a commission on the grounds of it being “excessive” should show deference to the parties’ agreement. Where an agent has properly fulfilled its contractual obligations, the terms and conditions agreed by the parties must be respected.

Under Article 25(5) of the RSTP, a party waives its right to lodge a claim at FIFA if more than two years have elapsed since the event giving rise to the dispute. The relevant date for determining whether more than two years have elapsed is the date on which a claim is lodged, not the date on which the Respondent is notified of the claim.

An agent must prove “substantial involvement” in a transaction in order to obtain his remuneration. This can be by contractual language and/or through the actions of the agent in fact. A commission of 10% was not unreasonable or contrary to common practice or to Swiss law.