Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2024 17 (6)

Authors

Sheveleva, Natalia A.; Vasilyev, Ilia A.

Contact information

Sheveleva, Natalia A.: Saint Petersburg State University St. Petersburg, Russian Federation; ; Vasilyev, Ilia A. : Saint Petersburg State University St. Petersburg, Russian Federation;

Keywords

pacta sunt servanda; transfer contracts; international transfers of football players; “sanctions” of the European Union; force majeure; pacta sunt servanda; the Court of Arbitration for Sport practice; the Football Tribunal practice

Abstract

After the beginning of the Special Military Operation and the illegal restrictions imposed by the European Union on Russian companies, credit organizations and legal entities, some foreign football clubs arrogantly perceived the situation as exempting them from fulfilling obligations under agreements on the transfer of rights to register football players to Russian partner clubs. In this review, we have reviewed the decisions of the Dispute Resolution Chamber of the FIFA Football Tribunal, which is competent to consider complaints from Russian clubs about non-fulfillment of obligations under transfer contracts by foreign counterparties in the order of out-of-court dispute settlement. We have identified several important positions for the uniformity of law enforcement that do not allow the use of force majeure as an unfair practice. However, there are also questionable conclusions. The latter include the unjustified modification by the Chamber of default interest and penalties in the form of a fine or penalty for non-fulfillment by foreign football clubs on time of obligations

Pages

1067–1077

EDN

KYDXSZ

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/152971

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).