Who has jurisdiction over international football transfer disputes?

Recent sporting headlines have been dominated by the record levels of fees spent on football player transfers.

Behind the scenes, international disputes – involving parties from or based in different countries – related to transfers of players or the negotiation of player contracts have also increased enormously over the last few years. 

Those disputes typically concern intermediaries – previously known as “player agents” – being cut-out of deals, not being paid under representation contracts, or deriving benefits from players or clubs to which they were not entitled.

In that context, this article will consider a key preliminary issue for any such international dispute – the question of jurisdiction.   Specifically, it examines:

• The position to 1 April 2015;
  
  
• The current position;
  
  
• The potential jurisdictions;
  • o Court of Arbitration for Sport
  • o FA Rule K
  • o National courts
    
    
• Conclusion