Soccer Law and Business Journal

Kaka's Indifference To Humanitarian Concerns Scuttles Man City Transfer?

While it's not normally my style to write about transfers, the aftermath of Manchester City's failed £100 million-plus transfer offer for Kaka was too good to pass up.  ESPN Soccernet quotes Manchester City executive chairman Garry Cook as saying that

"We got to talk to Kaka's father. His father said he was very interested in the project and we talked about humanitarian potential factors but when we got into discussions those issues took a back seat and financial demands came to the fore."

Ah.  So a world record transfer bid was being lodged for "humanitarian reasons"?  Evidently.  Cook further accuses AC Milan of "bottling it" - as though somehow the Italian club mis-filed the paperwork, or suffered a late-breaking case of "seller's remorse."  However, it appears that Milan were willing to let Kaka leave -- even publicly declaring it in recent days -- given the staggering transfer fee and rumors of a possible £15 million annual salary.  Of course, Chairman Silvio Berlusconi was quick to paint himself as the savior stating that "[b]oth I and he (Kaka) have intervened," though how exactly Kaka "intervened" in his own transfer is unclear.  Kaka himself is saying the decision was his and his alone, and that would seem to be more believable. 

Wenger Fears Effect of Webster Ruling

In a public statement that will come off as ironic to many, Arsenal boss Arsene Wenger has criticized the Webster ruling, concerned that the club might lose midfielder Cesc Fabregas, among others.

The irony, of course, is that Wenger himself is often cited in any discussion of the sport's top talent poachers.  Fabregas, in particular, was signed out of Barcelona's youth system at 16 -- taking advantage of a Spanish law that prevented clubs from signing players to professional contracts until they turn 18.  Wenger likewise plucked Fran Merida from the Barcelona youth team at 16. 

Keegan to Sue Newcastle For Constructive Termination

The Daily Mirror and The Independent are reporting that former manager Kevin Keegan has filed a claim against Newcastle and owner Mike Ashley, seeking as much as £8million from his former club.

Keegan had been 8 months into a three year, £60,000- a-week contract, before leaving the club in September.  The club maintains that he left voluntarily and is therefore not entitled to compensation.  Keegan maintains that the club made misrepresentations regarding his role in the club's transfer policies, effectively undermining his position.

The case is scheduled to be heard by a three-member Premier League tribunal.

Will Nike Push Cristiano Ronaldo to Inter?

Today's latest wild rumor, reported from numerous sources, is that Nike may be involved in machinations to push Manchester United star Cristiano Ronaldo to sign with Inter Milan, as soon as next summer. 

Reports from goal.com, Il Corriere Del Sport, soccerlens, yahoo! and other outlets suggest that Nike, which sponsors Inter, wants to pair Ronaldo with Zlatan Ibrahimovic, who already has his own a Nike deal.  Reportedly, both Nike and Inter's main sponsor, Pirelli, are preparing to set aside funds to help acquire the player.

Of course, considering that Ronaldo is already playing for Nike-sponsored Manchester United last summer fended off bids reported to be as high as €90 million from Real Madrid (sponsored by Adidas), it is questionable whether the move will make financial sense for Nike -- even if Manchester United could be persuaded to sell. 

And with Man Utd already ahead of Inter in terms of shirt sales and global popularity, the only way such a move even starts to make sense for Nike is to ensure that Ronaldo stays with a Nike-sponsored club, such as Inter or Barcelona, instead of moving to a club sponsored by a rival, as it appeared he might last summer.

Chelsea Mikel Settlement Figure Disclosed

Chelsea have agreed a settlement of just £100,000 from Norwegian side Lyn Oslo over the John Obi Mikel transfer.  According to the Daily Mail, Chelsea may still pursue additional amounts against Lyn former chief Morgen Andersen, who was convicted of forgery in connection with falsifying Mikel's registration papers. 

It is unlikely, however, that Chelsea will seek to recoup any of the £12 million it paid Manchester United in exchange for United's agreeing to drop its claim of having signed the then-teenager.

Chelsea Settle Mikel Transfer Claim

Goal.com is reporting that Chelsea and Norwegian side FC Lyn Oslo have settled Chelsea's High Court claim arising from the controversial transfer of Nigerian midfielder John Obi Mikel.

Chelsea had been seeking to recoup the £16 million it paid for Mikel -- £4m of it to Lyn Oslo, and £12m to Manchester United, which had also been in negotiations for the player.  Terms of the settlement are confidential, according to a very brief announcement placed on Chelsea's official website.

Take a look at our archives for more on Chelsea's lawsuit over the Mikel transfer.

High Court Enjoins West Ham Appeal to CAS

The High Court has granted a temporary order barring West Ham United from appealing an FA arbitration ruling to the Court of Arbitration for Sport.  In ruling for West Ham, the Court found that West Ham's appeal to the CAS constituted a breach of the agreement between it and Sheffield United to enter into binding arbitration.

According to ESPN soccernet, the court has also set a hearing for early next year to decide whether to make the order permanent.

As has been chronicled extensively on this blog, the case involves West Ham's controversial use of Argentine international Carlos Tevez during the 2006-07 season.

CAS: May Hear West Ham Appeal After All

Despite CAS' recent pronouncement that it lacked jurisdiction to hear West Ham's appeal in the Carlos Tevez matter, CAS announced today that it has opened an arbitration proceeding in the case.

CAS will decide, as a threshold matter, whether or not it does in fact have jurisdiction to hear the case.  A statement from CAS read: "The CAS has initiated an arbitration procedure and will first examine its jurisdiction as a preliminary issue after both clubs have had the opportunity to file written submissions on this point.  For the moment, no decision has been made with respect to the holding of a hearing.  In any event, a decision on jurisdiction is not to be expected before the end of November 2008. "

West Ham argues that the England FA rules, under which the FA arbitration panel ruled against it in the matter, would violate FIFA statutes if they do not permit appeal to CAS.

Sheffield United, in opposition, argue that CAS has previously held that it lacked jurisdiction in a prior case decided under FA rules.

Dubai-Based Group Denies West Ham Interest

Dubai-based investment group Zabeel Investments has denied a report linking it with the purchase of West Ham. 

West Ham are thought to be in dire financial straits following the global financial crisis, in which club owner Bjorgolfur Gudmundsson lost a significant portion of his fortune while his bank, Landsbanki, was taken over by the Icelandic government. 

However, Zabeel maintains that it is committed to purchasing Championship side Charlton Athletic, for which it launched a bid last Friday. 

Chelsea Sues Norwegian Club Over John Obi Mikel Transfer

Thee latest chapter in the bizarre story surrounding the transfer of John Obi Mikel to Chelsea is unfolding in England's High Court.  Chelsea FC has filed a £16million claim against Norwegian club Lyn Oslo and its former director, Morgan Anderson.

Anderson has been convicted of forgery in the case.  Anderson was found to have altered Mikel's contract to make it appear that he had signed on his 18th birthday, which, if true, would have entitled the Oslo club to much greater compensation if, as the club believed, a rich club were to take an interest in signing him.

In fact, that did happen, as Manchester United - apparently - purchased Mikel from Lyn.  Mikel even appeared at a press conference, with a Manchester United jersey.  Shortly afterward, however, it was reported that Mikel had actually signed with Chelsea.  Meanwhile, Mikel himself was nowhere to be found, which ultimately led to various accusations of kidnapping on the part of everyone from Mikel's agent to the Russian mafia.

Ultimately the case settled, with Manchester United accepting £12million from Chelsea for its troubles, while Lyn Oslo received £4million. 

Now, however, Chelsea is claiming that it paid an inflated price for the player, based on fraudulent misrepresentations emanating from Lyn Oslo, based on the contract forged by Anderson. 

So far, there has been no reported response from Lyn Oslo.  The case does not include Manchester United as a party at this point.