Book review: Comments on FIFA’s Regulation
Published 10 September 2010 By: Alfonso Valero
By Alfonso Valero, Co-Editor Lawinsport.com
(published in Spanish only)
Written by Juan de Dios Crespo Pérez and Ricardo Frega Navía, Dykinson, S.L., Madrid, Spain, 2010, pp. 267, ISBN 978-84-9849-908-7.
Part of a compilation about Sports Law launched by the Spanish publisher, Dykinson, S.L., the book of Juan de Dios Crespo and Ricardo Frega comes to fill an incomprehensible gap in the current legal literature panorama.
With the only exception, probably, of ‘The Jurisprudence of the FIFA Dispute Resolution Chamber’ (Asser International Sports Law Series), which is in fact quite different in focus and study, there are no books studying the Regulations on the Status and Transfer of Players.
The authors are both Sport Lawyers recognised worldwide. Juan de Dios (Webster, Matuzalem; and many other cases) and Ricardo Frega write about what they know it’s their daily work tool.
The book is an analysis of the 21 articles and Annexes 4 and 5 of FIFA’s Regulations on the Status and Transfer of Players. Each article is outlined and explained, commented on and then contrasted in the light of different resolutions of the FIFA Chamber of Dispute Resolution and CAS. These resolutions and awards include the Webster and Matuzalem cases, which would make the book worth its price alone. But it also makes reference to Mexès, Rodríguez/Bueno, Mascherano, Mutu and a large number of maybe less well known but still important cases.
The book is ideal not only for those involved in football disputes, but also for those negotiating contracts and transfers. For example, some readers would be surprised to find out that the sporting sanctions of article 17.3 are seldom enforced. Or that it would be advisable to agree a compensation clause in the contract in the event one of the parties terminates the contract unilaterally. Also, it would be important to know how to organise the loan of a player.
It offers guidance on the practices in the world of football which is essential for lawyers, lawyers-to-be, academics, and in general every person interested in the fascinating subject of world governance of sport.
A table of the cases mentioned is missing from the book as it would help for reference. But, on the other hand, CAS does not publish all its awards, so readers would not necessarily be able to access them.
The book should be published in English. It will obviously require a great deal of editing as the book was targeted to Spanish speaking readers.
Highly recommended to our readers.
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Alfonso Valero is co-founder and now consultant of LawInSport.com. He is a dually qualified Abogado (Spanish Lawyer) and Solicitor (England and Wales). He is also a qualified International Arbitrator. He is a Principal Lecturer in Nottingham Trent University.
After beginning his career dealing with dispute resolution in Madrid, he relocated to England developing his work as lawyer in the areas of EU cross-border litigation and Sports Law in Nockolds Solicitors. He has been listed in Global Chambers 2012 as an specialist in Dispute Resolution and Intellectual Property and Marquis Who's Who in the World.