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Football-legal
28
Nov
2025
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Vitor BUTRUCE
Football Agents
Article
International
Football Legal # 23

Notes on the Penalty Clause for Breach of Exclusivity: Lessons from the Diarra Ruling for Improving the Legal Regime Governing the Termination of Representation Agreements by Players Without Just Cause Attributable to the Agent


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1. The international football transfer market is experiencing a period of remarkable regulatory uncertainty. With the partial entry into force of the FIFA Football Agent Regulations (FFAR) between January and October 2023 and the subsequent suspension of several of its provisions by FIFA in December 2023, the industry faces a fragmented regulatory landscape. In addition, the interruption of the work of the Agents Chamber of the Football Tribunal has meant that disputes that would have had a clear forum are now referred to a variety of bodies, such as the Court of Arbitration for Sport (CAS), the National Dispute Resolution Chambers or national courts of justice, each applying a mosaic of legal rules or regulatory standards on the matter.

2. As if that were...

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Topics
  • Football Agents
  • Contractual terms
  • FIFA
  • Player/Coach Contract
Keywords
  • Breach of contract
  • Intermediaries / Agents
  • Penalty clause
  • Exclusivity clause
Authored by
Vitor BUTRUCE
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