Unpaid commissions remain one of the most significant commercial and legal risks facing football agents and agencies operating internationally.
An agent may spend months developing a relationship, negotiating a player’s employment contract or facilitating a transfer, only to face a dispute over remuneration, the termination of a mandate, competing representation claims or the client’s refusal to pay.
Recovering an unpaid commission is not always straightforward. The outcome may depend on the wording of the representation agreement, the applicable regulations, the evidence of services performed and, critically, the jurisdiction of the body hearing the dispute.
For international football agencies, effective commission protection should begin before the transaction is completed, not after a dispute arises.
1. When Is a Football Agent Entitled to a Commission?
The starting point is the representation agreement and the applicable legal and regulatory framework.
A properly drafted agreement should clearly identify the contracting parties, the scope of the agent’s services, the agreed remuneration, the circumstances triggering payment and the applicable payment schedule.
Particular attention should be given to several recurring issues:
- Payment triggers: Whether the commission becomes payable upon signing an employment or transfer agreement, upon registration, or following another agreed event.
- Commission calculation: The treatment of guaranteed salary, bonuses, transfer compensation and other defined amounts.
- Subsequent contractual changes: The effect of amendments or termination of the underlying employment agreement on outstanding commission instalments.
- Post-expiry entitlements: The circumstances in which remuneration may remain payable for transactions concluded after the representation agreement expires.
- Early termination: The distinction between commissions already earned and future payment obligations following termination of the mandate.
An agent’s entitlement to remuneration after the expiration or termination of a mandate should not be assumed automatically. It depends on the contractual language, the services performed and the applicable mandatory rules.
The distinction between the agent’s performance of services and the contractual event triggering payment can become decisive in a dispute.
The practical lesson: an agency should define not only how much it will be paid, but precisely when the entitlement arises, who is responsible for payment and what happens if the underlying transaction changes.
2. Which Body Has Jurisdiction Over Football Agent Commission Disputes?
Jurisdiction has become one of the most important considerations in international football agency agreements.
The FIFA Football Agent Regulations (FFAR) introduced a dispute-resolution framework for representation agreements with an international dimension.
However, the regulatory landscape has changed significantly.
Suspension of the FIFA Agents Chamber
Under FIFA Circular No. 1873, FIFA suspended several provisions of the FFAR worldwide, including Article 20, which governs the jurisdiction of the FIFA Agents Chamber.
The FIFA Football Tribunal Report 2025/2026 confirms that, during the reporting period ending on 30 June 2026, the Agents Chamber did not exercise jurisdiction under the suspended framework.
On 16 July 2026, the Court of Justice of the European Union delivered its judgment in Case C-209/23, FT and RRC Sports GmbH v FIFA.
The judgment addressed the compatibility of important elements of the FFAR with EU competition law, the freedom to provide services and data-protection law. It provided guidance on the legal assessment of several contested regulatory provisions, while leaving relevant factual and legal determinations to the referring national court.
Importantly, the judgment does not, by itself, establish jurisdiction over an individual commission dispute or automatically reinstate the previously suspended jurisdictional framework.
Agents and agencies must therefore verify the applicable FIFA measures, national regulations and contractual jurisdiction provisions before commencing proceedings.
Alternative Forums and CAS Jurisdiction
Depending on the circumstances, potential dispute-resolution forums may include:
- Competent national courts.
- National arbitration bodies.
- The Court of Arbitration for Sport (CAS), where a valid jurisdictional basis exists.
- Other competent tribunals established under the applicable contractual or regulatory framework.
CAS jurisdiction is not automatic simply because a dispute concerns international football.
In particular, where there is no appealable FIFA decision, an agent wishing to initiate proceedings before CAS must establish an appropriate basis for arbitration, such as a valid and applicable arbitration agreement, and satisfy the relevant procedural requirements.
Consequently, a representation agreement should identify the applicable law, the competent forum and the dispute-resolution procedure with sufficient clarity to minimise jurisdictional uncertainty.
3. What Evidence Is Needed to Recover Unpaid Commissions?
A signed representation agreement is an essential starting point, but it may not be sufficient to establish every element of a claim.
Depending on the contractual terms and applicable law, an agent may need to prove the existence of the mandate, the services provided, the occurrence of the payment-triggering event and the amount outstanding.
Relevant evidence may include:
- The signed representation agreement and subsequent amendments.
- Written communications confirming the mandate and its scope.
- Correspondence demonstrating the agent’s involvement in negotiations.
- The final employment or transfer agreement.
- Documents establishing the relevant remuneration or transfer compensation.
- Invoices, payment records and acknowledgments of outstanding amounts.
- Notices of default, termination correspondence and evidence of competing representation claims.
In disputes concerning exclusivity or the termination of representation agreements, additional evidence may be required to establish the relevant breach, causation and any contractual entitlement to compensation.
The applicable burden of proof depends on the governing law and procedural framework.
The practical lesson: agencies should maintain organised records throughout the representation relationship, rather than attempting to reconstruct the transaction after a dispute arises.
4. Can Agents Claim Contractual Penalties, Interest or Accelerated Payments?
Representation and commission agreements frequently include provisions concerning default interest, contractual penalties and acceleration of outstanding instalments.
These mechanisms may provide valuable protection, but their enforceability depends on their wording, the applicable law and the circumstances of the breach.
Contractual penalties under Swiss law
Where Swiss law applies, Articles 160–163 of the Swiss Code of Obligations provide the principal statutory framework governing contractual penalties.
Under Article 161(1), a contractual penalty may be payable even where the creditor has not suffered or established actual damage.
However, this does not mean that every contractual penalty is enforceable regardless of its terms or amount.
Article 163(2) addresses circumstances in which a penalty may not be claimed, including where it secures an unlawful or immoral obligation.
Article 163(3) allows a court to reduce a penalty considered excessive.
Accordingly, contractual penalties should be drafted with attention to their legal basis, proportionality and commercial purpose.
Default interest and contractual penalties
Default interest and contractual penalties may serve different functions.
Default interest generally addresses the consequences of delayed payment, while a contractual penalty may secure compliance with a particular contractual obligation.
Whether the remedies can be recovered cumulatively depends on the contract, the applicable law and the nature of the relevant obligations.
Their coexistence should therefore not be assumed automatically.
Acceleration clauses
An acceleration clause may provide that, following a defined breach, future instalments become immediately due.
For such a clause to operate effectively, the agreement should identify the triggering event, the amounts affected and any required notice or cure period.
Particular care is necessary when the accelerated sums concern remuneration that would otherwise depend on future events or continuing contractual performance.
The practical lesson: enforceable and commercially reasonable remedies are generally more valuable than aggressive contractual provisions that may ultimately be reduced, invalidated or interpreted restrictively.
5. How Should Football Agencies Protect Themselves Before a Dispute Arises?
Effective protection requires more than inserting a commission percentage into a representation agreement.
International football agencies should adopt a contractual and operational framework that addresses the risks of their business.
This includes carefully considering:
- Representation agreements: clearly defining services, remuneration, duration and exclusivity.
- Payment security: establishing payment schedules, default consequences and appropriate contractual remedies.
- Termination and expiry: addressing accrued rights, pending transactions and the consequences of early termination.
- Jurisdiction and governing law: selecting enforceable dispute-resolution arrangements.
- Regulatory compliance: reviewing the applicable FIFA rules, national football agent regulations and mandatory law.
- Evidence management: maintaining proper documentation of mandates, negotiations, transactions and payment obligations.
- Ongoing legal support: identifying potential problems before they develop into disputes.
Agencies operating internationally should also recognise that a standard representation agreement may not provide the same protection in every jurisdiction.
Applicable national laws, regulatory provisions and different approaches to contractual enforcement may require adjustments to both the contract and the transaction structure.
The legal strategy must therefore reflect the actual commercial activities and international exposure of the agency.
6. Why Ongoing Legal Counsel Matters for International Football Agencies
Many football agencies rely on legal assistance only when a commission remains unpaid or a representation relationship breaks down.
By that stage, the legal position may already have been affected by an inadequate agreement, an unsuitable jurisdiction clause, insufficient documentation or procedural difficulties.
An ongoing legal advisory relationship allows agencies to address these issues earlier.
External legal counsel can assist with the drafting and negotiation of representation agreements, regulatory compliance, commission structures, transfer-related documentation, dispute prevention and the strategic management of contractual claims.
This approach is particularly valuable for international agencies that handle significant transactions but do not maintain a dedicated in-house legal department.
The objective is not only to recover unpaid commissions. It is to develop contractual relationships and business processes that reduce disputes and better protect the agency’s long-term commercial interests.
International Legal Counsel for Football Agents and Agencies
Nir Inbar Sports Law & Business advises and represents international football agents and agencies in representation agreements, commission disputes, contractual enforcement, regulatory matters and proceedings before competent arbitral tribunals and judicial bodies.
Led by Nir Inbar, a CAS Arbitrator and UEFA Ethics & Disciplinary Inspector with extensive experience in international football disputes and professional football management, the firm combines legal expertise with practical commercial understanding of the football industry.
Our work includes both dispute resolution and ongoing legal advisory, helping agencies protect their contractual relationships, assess risks and manage complex international transactions.
For further information, visit our Legal Counsel for Football Agents & Agencies and FIFA Agent Regulations & Disputes practice pages.
Legal References and Further Reading
- FIFA Circular No. 1873, FIFA Football Agent Regulations: Update on Implementation.
- FIFA Football Tribunal Report 2025/2026, particularly the section concerning the Agents Chamber and the suspension of Article 20 FFAR.
- Court of Justice of the European Union, Judgment of 16 July 2026, Case C-209/23, FT and RRC Sports GmbH v FIFA.
- Swiss Code of Obligations, Articles 160–163, concerning contractual penalties.
Last reviewed: 15 October 2026.
This article provides general legal information. The enforceability of commission claims and contractual remedies depends on the applicable regulations, governing law, jurisdiction and circumstances of each case.
