Andrew Webster, a professional footballer from Scotland, achieved the distinction of being the first player to effectively apply Article 17 of the FIFA Transfer Regulations. This provision grants players below the age of 28 the ability to terminate their contracts after three years (and senior players after two years) without incurring sporting sanctions. In this article, Webster Ruling, we take a look at the mechanism and process involved.
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What is article 17 of the FIFA transfer regulations?
“Consequences of Terminating a Contract Without Just Cause” is the title of Article 17 of FIFA’s Regulations for the Status and Transfer of Players. It specifies the repercussions that ensue in the event of a termination of a contract without just cause, as well as the obligation of the breaching party to provide compensation. It specifies that players who entered into contracts prior to reaching the age of 28 have the option to exercise their buyout right from the contract within three years of its execution. Upon reaching the age of 28, the time limit is reduced to two years. Article 17 was established in December 2004 and came into force on July 1, 2005.
So what actually happened to Webster?
Webster began his tenure with Heart of Midlothian in 2001 and extended his contract with the Scottish club to four years in 2003. As a result of the defender’s outstanding performance and selection to the national team, Hearts initiated contract negotiations. Webster declined multiple offers from the club between January and April 2006 on the grounds that they failed to satisfy his expectations.
Webster appeared to be coerced into signing a new contract by Hearts, who unexpectedly failed to select him for multiple matches. Even the club owner declared his intention to place Webster on the transfer list.
Webster, dismayed by the conduct of his club, approached the Scottish Player Union for guidance before deciding to unilaterally terminate his contract without just cause in accordance with article 17 of the FIFA Regulations on the Status and Transfer of Players. His termination from Hearts transpired beyond the purportedly safeguarded three-year period commencing from the date of his employment.
Webster secured a three-year contract with English club Wigan Athletic in August 2007. Hearts received no recompense from Webster or Wigan in exchange for the transfer.
Hearts petitioned the FIFA Dispute Resolution Chamber (DRC) for compensation and a suspension against Webster in restitution for the breach of contract without just cause. The DRC determined that Webster had breached the contract without just cause and, as a result, ordered him to pay GBP 625,000 in damages; Wigan was held jointly liable. The decision was appealed by both Webster and Wigan to the CAS, an international sports tribunal.
CAS determined on 30 January 2008 that Webster owed Hearts GBP 150,000, or the remainder of his contract, in addition to interest. Wigan bore joint liability.
What is the legal significance of this ruling?
The first player to effectively invoke Article 17 of the FIFA Transfer Regulations was Andy Webster. As the breach “was committed” outside the protected period, he was only obligated to make the remainder-of-contract payment and was not subject to any sporting sanctions, probably much to the annoyance of Hearts.
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Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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