Al-Ittihad FC v. Ghassan Waked (CAS)
2015/A/4326
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. If a club wishes to argue that the agent did not fulfil its obligations, the club needs to provide some evidence to support that assertion (e.g. witness evidence from a different agent who the club says secured the deal).
A commission of 10% was not unreasonable or contrary to common practice or to Swiss law. In the absence of a clause linking the length of a player’s stay at the club to the amount of commission due, it is not possible to reduce the commission payable based on the player leaving the club prior to the conclusion of their employment contract.
