The case involves a dispute between Al Ahli Football Club and football agent Frank Trimboli, represented by Base Soccer Agency, over unpaid fees under a representation agreement signed in June 2011. The agreement stipulated payments totaling €600,000, plus potential bonuses, for Trimboli's services in facilitating a player transfer. When the club failed to pay, Trimboli filed a claim with FIFA’s Bureau of the Players’ Status Committee, which ruled in his favor, ordering the club to pay the outstanding amount plus interest. The club appealed to the Court of Arbitration for Sport (CAS), requesting the case be heard by a sole arbitrator, Hon. Michael J. Beloff Q.C., though his appointment was initially challenged by the club.
The CAS panel addressed several legal issues, including whether a hearing was necessary and the validity of invoices issued under Base Soccer Agency’s name rather than Trimboli’s. The panel determined that under Article R57 of the CAS Code, a hearing could be waived if the arbitrator was sufficiently informed by written submissions. It also ruled that FIFA’s regulations permit agents to operate through corporate entities, validating the invoices issued by Base Soccer Agency. The club’s argument that Trimboli lacked standing due to the invoices not being in his name was dismissed, as the regulations do not require personal invoicing.
The club raised three main arguments: the "Invoice Argument," claiming Trimboli did not personally issue invoices; the "Involvement Argument," questioning his role in negotiations; and the "Quantum Argument," disputing the payment amount as excessive. The Sole Arbitrator rejected all three. Evidence, including emails and witness statements, demonstrated Trimboli’s active involvement in negotiations, and the club failed to provide counter-evidence. The arbitrator also noted that the club’s president had acknowledged the debt in emails, undermining claims of invalid invoices. The principle of pacta sunt servanda was emphasized, affirming the binding nature of contractual agreements.
Ultimately, the CAS upheld the FIFA decision, dismissing the club’s appeal and confirming its obligation to pay Trimboli the outstanding fees and interest. The ruling highlighted the enforceability of representation agreements in football and the importance of credible evidence in disputes. The club was also ordered to cover arbitration costs, while Trimboli’s request for compensation for legal expenses due to the club’s conduct was left for separate proceedings. The case underscores the necessity of adhering to contractual obligations and the standards required to challenge them in arbitration.