Warnings are increasing over settlement agreements between football clubs, particularly when a dispute goes beyond financial claims and includes disciplinary sanctions issued by competent sporting authorities. ⚖️⚽
In this context, sports regulations expert Amer El-Amayra explained that clubs may settle financial aspects between themselves, but that does not automatically mean disciplinary sanctions connected to the case have been cancelled. He stressed that every case may contain both a financial side and a disciplinary side, each governed by different rules.
This position comes as disputes between clubs continue to arise over payments and contractual obligations before developing into sanctions and decisions issued by international sporting bodies, making such cases more complicated than simply signing an agreement between two parties.
A Financial Settlement Does Not Automatically Cancel a Sanction
El-Amayra believes that an agreement between two clubs to settle a financial dispute does not necessarily give them the authority to determine the fate of a disciplinary sanction issued as a result of that dispute.
In other words, a creditor club and a debtor club can agree on a payment method or settle a financial claim, but that does not automatically mean the disciplinary sanction disappears.
This highlights the importance of separating financial rights from disciplinary responsibility, because each is subject to different authorities, procedures and regulations.
FIFA Is Central to Disciplinary Sanctions
The regulations expert stressed that FIFA remains the competent authority regarding disciplinary sanctions connected to its regulations. Therefore, the two clubs alone cannot necessarily make a final decision about maintaining, modifying or cancelling the sanction.
This is one of the most sensitive aspects of settlement cases because, regardless of how a bilateral agreement is written, it cannot automatically alter a decision issued by an authority that holds disciplinary jurisdiction.
What Happens Before the Court of Arbitration for Sport?
El-Amayra also highlighted the importance of FIFA being involved in proceedings before the Court of Arbitration for Sport, CAS, when the dispute concerns a disciplinary sanction.
The reason is that the challenged decision is not solely related to a commercial relationship between two clubs. It also concerns the application of the regulations of the body that issued the sanction.
As a result, ignoring the authority responsible for the sanction could create legal and procedural complications when attempting to rely on a settlement as a final solution to the dispute. 📢
Clubs Do Not Hold Unlimited Authority
The principle highlighted by the regulations expert is that a club has the right to negotiate its financial rights, but it does not independently have the authority to cancel or modify a disciplinary sanction issued by another body.
This distinction is extremely important, particularly when both parties to a dispute believe that signing an agreement automatically closes the entire case.
A settlement may end the financial dispute between the clubs, but it does not necessarily mean that the competent authorities are required to consider the disciplinary sanction terminated.
Why Should Clubs Be Careful?
Relying only on a bilateral settlement could give a club a false sense that the crisis has ended while the disciplinary sanction remains independently in place.
For this reason, any club entering into a settlement involving a disciplinary sanction should review the legal impact of the agreement on the disciplinary side and ensure that all procedures required by the relevant regulations are followed.
Reaching a financial solution should also not automatically be interpreted as a waiver of the rights of the sporting authority that issued the sanction.
A Clear Message on Dispute Resolution
Amer El-Amayra’s statements reinforce that club settlements are not a magic solution for ending every consequence of a dispute.
While clubs may agree on financial obligations and claims, disciplinary sanctions remain linked to the legal and regulatory framework of the competent authority.
That is why handling such cases requires a careful reading of contracts, regulations and procedures rather than simply relying on a written agreement between the two parties.
Conclusion
The equation is simple: a financial settlement is one matter, while a disciplinary sanction is another. Two clubs may settle a financial dispute, but that does not automatically mean they have the authority to change a sanction issued by a competent international body.
For that reason, the regulations expert’s comments represent a warning to clubs that may view settlements as a final solution to every aspect of a dispute. 🏆
✨ The issue highlights the importance of distinguishing between financial rights and disciplinary sanctions because settling a dispute between two clubs does not necessarily mean that every consequence arising from it has also ended.
📢 Do you believe any financial settlement between two clubs should automatically lead to the cancellation of the disciplinary sanction? Or should the decision remain with the competent sporting authority? Share your opinion.
