Dan Richee

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@israel_ajoje Oh alright.

@danielrichee Its a new case that is up in France. All means of sporting reliefs have been exhausted

The Emiliano Sala case forced football to answer an uncomfortable question: when a player dies before he plays, who pays? We have an answer now. If you want to know, keep reading, I will tell you. For context, on 19th January 2019, Cardiff City agreed a €17 million deal with FC Nantes for Emiliano Sala. The paperwork was signed, the fee was logged into FIFA's Transfer Matching System(TMS)- I have spoken about this before, the Welsh FA submitted the International Transfer Certificate documents, Sala said his goodbyes to his Nantes teammates, boarded a private aircraft leaving Nantes, and never arrived. Two days after Cardiff announced the signing, the plane went down over the English Channel. Sala and pilot David Ibbotson both died. Now, most people remember this as a tragedy. And it is. But what a lot of people do not know is that while two clubs were grieving, they were also fighting each other in court over a question that sounds almost cruel to ask out loud: whose player was Emiliano Sala at the moment he died? Because that question, and nothing else, decided who owed €17 million to whom. Crazy, right? Cardiff's argument was technical. They said the transfer was not fully complete. Their position was that Sala had demanded his signing-on fee paid 100% upfront, the Premier League had ruled that arrangement invalid, and at the time of his death, no renegotiation of those personal terms had taken place. Furthermore, there were no agreed personal terms, no completed transfer and thus no obligation to pay. They also pointed out that his playing registration had not been formally concluded. As you would expect, Nantes said: not so fast. A binding transfer agreement existed between the two clubs. They argued that the deal was processed through TMS and that the Welsh FA had already submitted the ITC documentation to complete the registration. The first instalment of €6 million was already due under the agreed payment schedule. And as far as Nantes were concerned, Sala was Cardiff's player the moment that aircraft left France. FIFA ruled in favour of Nantes in September 2019 and gave Cardiff 45 days to pay the first instalment or face a three-window transfer ban. Cardiff appealed to the Court of Arbitration for Sport. In August 2022, CAS upheld the decision, finding the transfer had been completed and that because the conditions set out in the transfer agreement were fulfilled prior to Sala's death, Nantes' claim for the first instalment of €6 million was upheld. And then in 2023, FIFA ordered Cardiff to pay the remaining balance too, which at the time amounted to just over €11 million of the total €17 million fee. Cardiff paid for a player who never kicked a ball for them. Now here is the part I really want you to understand, because this is where it gets instructive for everyone in football. I hope you know that the ruling was not an emotional one. It was a legal one. CAS looked at the contract, identified the exact conditions that defined completion, found that those conditions had been satisfied, and concluded that economic risk had already transferred to Cardiff. The tragedy, as devastating as it was, did not undo what both clubs had agreed on paper. This is how risk works in a football transfer. It does not move all at once. It moves in phases, and the contract determines exactly when each phase triggers. The first phase is the inter-club sale agreement. That document defines the fee, the instalments, the conditions precedent, and the exact moment payment obligations arise. You can think of it like a light switch. Once the defined conditions are met, the switch flips, and economic risk moves to the buying club. In this case, CAS found Cardiff's switch had already flipped. The second phase is the employment contract between the player and the buying club. This is a completely separate legal instrument from the sale agreement between clubs. If a player cannot perform, that does not automatically unravel the inter-club deal. One does not cancel the other. This is a distinction that even experienced people in football get wrong. The Sala case made it very clear. They are not one and the same. They are different. The third phase is the regulatory layer. Under FIFA's Regulations on the Status and Transfer of Players, international transfers require proper TMS entry and ITC issuance. Cardiff argued the regulatory process was incomplete. CAS disagreed, finding the steps were sufficiently advanced for the obligation to crystallise. Many people assumed frustration of contract would apply here. Frustration is a legal doctrine that says if performance becomes impossible due to circumstances outside both parties' control, the contract falls away. It did not apply, and the reason matters: frustration addresses the player's ability to perform his employment obligations, not the sale agreement between two clubs. Those are two different legal questions, and conflating them is exactly the kind of mistake that costs clubs millions. BTW, this case is still not fully resolved. Cardiff have now taken Nantes to the Nantes Commercial Court claiming over €120 million in compensation, arguing that Sala's death inflicted catastrophic financial and sporting damage on the club, and that the fatal flight was arranged negligently through Nantes' intermediaries. A judgment is expected in later this year. So yes, this dispute has been running for seven years and counting. The lesson for every club, agent, lawyer and layman doing transfer work is this. Completion clauses must be drafted with absolute precision, because the contract will be read literally in a dispute, not charitably. Insurance must attach before risk transfers, not after. Death and incapacity scenarios must be written into the agreement explicitly because general legal doctrines will not save you. And payment triggers must align with regulatory formalities so there is no ambiguity about when the obligation begins. Learn now or Learn the hard way. Cardiff learned all of that the hardest possible way. It’s sad. My name is Ajoje. I am an International Sports Lawyer and FIFA Licensed Agent. I write on the Law and Business of Football- a lot. Repost and Follow me if you want to read more posts like this.

@israel_ajoje Carry on my Oga!

@danielrichee Oga Richieee🙏🙏

You can't win with University of Ibadan students. They will outsmart you and they will outwork you. A lot of people are doubting that I write my posts myself. They said it's AI generated slop. I see them a lot in my comments section. I don't know what's making them think so but if it's the workrate and efficiency, I can promise you that I'm on Twitter less than one quarter of the time I'm awake for and I am producing at less than 1/4 of my efficiency. I studied Law folks. At the University of Ibadan. And I went to the Nigerian Law school. Whatever you're seeing here is not efficiency. I had classmates that could sit and read at a spot for 16 hours. I had classmates that were working while being students and they were getting excellent results- by every metric. A classmate of mine got a job in the UK right after Uni. He didn't even go to law school. The second male BGS in my class missed school for a whole semester. He still came back to write exam and he packed As. Two of my classmates in Uni went to Oxford last year. I have been surrounded by excellence for a very long time. So don't think that the fact that we have computer level efficiency is because we write "AI generated slop". If it's that easy, you can write it too. No one is holding you. Some of us were ghostwriting articles that were published on Forbes as far back as 2020. I know someone that was writing 5,000 word articles daily at 2 naira per word. That's like 150,000 words monthly on average. That person was me. I have friends that were writing way more. Someone wrote 80,000 words in one week at some point. He stayed in my house while he wrote it. This one no be meme. All of these sound unbelievable right? But we did it. Some of my guys are still doing it today while still negotiating million dollar deals at their 9-5. But on way larger scale. I don't know which you think is harder- writing twitter threads about stuff I already know and practice or doing all of those. We did all of those when we were not as cognitively developed as we are now. 6 years ago. Writing 600 word articles on a fly is light work for me. I can write 20,30 excellent threads a day if I sit down and decide that's what I want to do daily. I just can't rn. I'm too busy to. Guyssss...you can't win with University of Ibadan students. They will outsmart you and outwork you. If you think I am hardworking...trust me you haven't seen my classmates. They are 10 times smarter and more efficient than you can ever imagine me to be. Guys...If it's from the University of Ibadan, then it must out of necessity, be of outstanding quality. Don't play.

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@israel_ajoje Lovely piece. Carry on Champ

Let me tell you about one of the messiest transfer disputes in recent history. In January 2020, Leeds United took Jean-Kévin Augustin on loan from RB Leipzig with an obligation to buy for €21 million if they got promoted to the Premier League. Leeds got promoted. But because of COVID, the season finished on July 22, 2020, instead of before July 1 as originally planned. The loan agreement expired on June 30. Leeds argued they didn't have to buy him because the loan had ended before promotion was secured. RB Leipzig sued. FIFA sided with Leipzig and ordered Leeds to pay the full €21 million. The Court of Arbitration for Sport agreed. Why? Because the primary intention of the clause was clear: if Leeds got promoted, they had to buy the player. The exact date was secondary. A 22-day delay didn't change the spirit of the agreement. That case cost Leeds €21 million and taught the football world a lesson: intention matters more than technicalities. And when clauses aren't drafted to account for the unexpected, courts will look at what the parties really meant. In recent pieces, we covered seven types of clauses. Now we're finishing with loan obligations as in Leeds City's case. I hope you have learned a lot from our clauses series so far. If yes, let me know what you learnt in the comments section. My name is Ajoje and I am a FIFA Licensed Agent and International Sports Lawyer. I talk about the Law and Business of Football, a lot. Repost and Follow me if you want to read more posts like this.

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