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/lp/kluwer-law-international/decision-4a-246-2011-or-the-leniency-of-the-swiss-federal-tribunal-ishTiVExIZ
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- Publisher
- Kluwer Law International
- Copyright
- Copyright © Kluwer Law International
- ISSN
- 1010-9153
- Publisher site
- See Article on Publisher Site
Abstract
LUCA BEFFA* In its decision 4A_246/2011 rendered on 7 November 20121, and published on its website on 3 January 2012, the Swiss Federal Tribunal showed its leniency towards pathological clauses.2 The legal reasoning of the Swiss Federal Tribunal is very interesting; it is not surprising that this decision will be published in the official collection of the Swiss Federal Tribunal's decisions (ATF), a privilege that is rarely granted to decisions in arbitration matters. Before examining the legal reasoning of the decision, however, it is worth summarising briefly the facts of the case. The facts of the case An agent company and a football club entered into an Agreement for the sharing of the fee for the future transfer of a player. The Agreement provided for the following clause: "The competent instance in case of a dispute concerning this Agreement is the FIFA Commission, or the UEFA Commission, which will have to decide the dispute that could arise between the club and the agent". A dispute arose between the parties concerning the transfer fee. The agent company seized first the FIFA Players' Status Committee, which rejected its jurisdiction because of the fact that the agent was a company and
Journal
ASA Bulletin – Kluwer Law International
Published: Mar 1, 2012