How FIFA’s Agent Regulations approach contractual stability & just cause, compared to FIFA RSTP

For over 20 years, FIFA Regulations on the Status and Transfer of Players (RSTP) have played a key role in international football-related disputes concerning contractual stability and premature contract termination. Despite its gradual amendments, the underlying principle of contractual stability remains unchanged i.e. any financial or sporting consequences of a premature termination of a contract depends upon whether such termination was made with ‘just cause’ or without it1.

As a starting point we shall underline that while the RSTP applies to players and coaches2, it does not apply to football agents. As in principle, regulations set by FIFA, including RSTP, are based on Swiss Law, relationships between the players and coaches with clubs and federations are considered employment relationships. The situation is quite different with agents, who are neither employed by their clients (coaches or players), nor by the clubs, which engage their services. It must be mentioned that in both relationships described above, certain conditions of collaboration are necessary. These crucial elements have been addressed in the regulations.

The FIFA Football Agent Regulations (FFAR), largely in force as of 01 October 20233 (they are the subject of legal challenge in a few jurisdictions) has for the first time introduced provisions related to contractual stability of the relationship between an agent and their client and the concept of ‘just cause’.

This article compares the concepts of contractual stability and just cause in RSTP and FFAR. It then looks at how disputes may be adjudicated under the FFAR provisions.

• How does RSTP deal with termination of a contract for ‘just cause’?
• How does FFAR deal with termination of a contract for ‘just cause’?
• What are the key differences between RSTP & FFAR?
• What are the consequences of breaching a contract without “just cause”
• What happens when a contract is terminated due to overdue payables?
• What are the possibility of sporting sanctions?
• How does FFAR and RSTP differ in their approach to calculating compensation?
• How do you prove and quantify damages?