Editor’s note: N. Emre Bilginoglu[1]
is a lawyer based in Istanbul. His book entitled “Arbitration
on Football Contracts” was published in 2015.
Introduction
With a total market value of approximately 911 million
EUR, the Turkish Super League ranks as one of the prominent football leagues in
Europe. Five of the eighteen teams that make up half of the total market value
are based in Istanbul, a busy megalopolis that hosts a population of fifteen
million inhabitants.[2]
As might be expected, the elevated market value brings forth a myriad of
disputes, mainly between the clubs and the players. However, other crucial actors
such as coaches and agents are also involved in some of the disputes. These
actors of the football industry are of all countries, coming from various countries
with different legal systems.
One corollary of rapid globalisation is the
development of transnational law, which is quite visible in the lex sportiva.[3]
Like foreign investors, foreign actors of the sports industry look for some legal
security before signing a contract. FIFA does protect these foreign actors in
some way, providing players and coaches legal remedies for employment-related
disputes of an international dimension. But what if the legal system of the
FIFA member association does not provide a reasonable legal remedy for its
national actors?[4]
More...