The current political and military instability in several Middle Eastern jurisdictions may have direct legal implications for player and coach contracts.
I – What is at stake?
a) Force majeure or supervening objective impossibility may justify contract termination.
b) Mere political instability is not sufficient – proof of concrete impact is required.
c) The suspension of competitions, the closure of airspace or serious risk to physical integrity are decisive factors.
d) The club’s duty of care may be decisive.
II – Relevant case law and important regulatory precedent
a) The Court of Arbitration for Sport has already ruled on similar situations, explaining the criteria for declaring an event to be force majeure.
b) Following the conflict between Russia and Ukraine, FIFA adopted exceptional measures through Circulars No. 1787 and 1788, allowing:
- Temporary unilateral suspension of contracts.
- Exceptional registration outside the transfer window.
- Mitigation of the principle of contractual stability.
IV – Players vs. Coaches
a) Players benefit from the specific framework of the FIFA Regulations on the Status and Transfer of Players.
b) Coaches depend mainly on the law applicable to the contract.
c) In both cases, serious and objective risk may justify departure.
V – Conclusion
There is no automatic solution. The validity of a departure or termination will depend on:
a) Individualised factual analysis
b) Demonstration of risk or actual impossibility
c) Strict compliance with formal mechanisms
In scenarios of systemic crisis, the response may depend on exceptional measures taken by FIFA.
Read the full analysis here.
by Ricardo Cardoso, Carlos Ferreira Vaz e João Jorge Pereira, Practise Area – Desporto, Moda e Entretenimento.
