Al-Ittihad v. Eduardo URAM (CAS)

CAS 2015/A/4112

If an agent has been shown to have induced a player to breach his contract, the agent may be subject to a disciplinary sanction. However, the RSTP and the Players’ Agent Regulations do not give the club the right to sanction the agent or withhold payment of the contractually agreed commission.

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. However, where an agent has properly fulfilled its contractual obligations, the terms and conditions agreed by the parties must be respected.

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Gaetano Marotta v. Al Ain FC (CAS)