Getting Messy

Last updated : 25 July 2007 By Editor

The Times:

West Ham United were last night facing a multimillion-pound lawsuit in the battle over the future of Carlos Tévez after the player's agents issued a writ against the club. Legal proceedings began after Fifa refused to rule on the player's potential transfer to Manchester United, referring the case to the Court of Arbitration for Sport (CAS) in Lausanne.

Kia Joorabchian, who fronts the two companies that hold Tévez's "economic rights", Media Sports Investments (MSI) and Just Sports Inc (JSI), turned up the pressure on West Ham after the club, who hold Tévez's registration, declined to sanction a move to Old Trafford that could be worth more than £20 million to the Argentina forward's agents.

Graham Shear, who is representing the companies, said that they would also be seeking damages from West Ham. "The companies seek the court's intervention to compel West Ham to release the registration of Carlos Tévez in accordance with contracts entered into between the parties," Shear said. "We are asking the court to intervene so Carlos Tévez can be registered to play with Manchester United as soon as possible."

Joorabchian claims that West Ham unilaterally ripped up the contract that was agreed last summer when Tévez and Javier Mascherano, his Argentina teammate, arrived at Upton Park. Those deals were deemed to be in breach of Premier League rules by a commission that fined West Ham £5.5 million in April.

As part of the punishment, the club were forced to extricate themselves from the contract with MSI and JSI, a move that allowed Tévez to play in the final three games of the season, helping them to avoid relegation.

Richard Scudamore, the Premier League's chief executive, said that West Ham would have to abide by the decision the club made in April, which allowed them to play Tévez. "They were given three options," Scudamore said. "The one they chose has made it difficult for them, but we will see that that choice is upheld. They could have gone a different way."

Had West Ham chosen to maintain the contract with Tévez's agents, the forward would not have been allowed to play for the club again. MSI and JSI argue that they did not agree to the contract being terminated. West Ham claim that they are only one year into a four-year deal with the striker. Last night, the club were consulting their lawyers.


The Guardian:

Kia Joorabchian and the offshore companies he represents yesterday issued a writ against West Ham United in an attempt to force through Carlos Tevez's move to Manchester United. Lawyers for Media Sports Investments and Just Sports Inc - the companies who held the economic rights relating to Tevez when he moved to Upton Park last August - have lodged a breach-of-contract claim with the courts.

Yesterday's development was the realisation of a threat that has been outstanding since April. That was when the Hammers tore up their agreements with MSI-JSI after pleading guilty to breaking two separate Premier League rules in their contracts with and conduct over Tevez.

But MSI-JSI's position hardened only after Fifa, following dialogue with the Football Association and the League, recommended that the case be referred to the Court of Arbitration for Sport.

"The companies seek the court's intervention to compel West Ham to release the registration of Carlos Tevez in accordance with contracts entered into between the parties," said Graham Shear, a solicitor for MSI-JSI. They are ready to highlight Tevez's eviction from his home - a flat in Canary Wharf that had been organised for him by West Ham - while he was away on Copa América duty with Argentina this summer. They will claim this is proof that the Hammers have not been consistent in asserting their rights over the player.

Under pressure from the Premier League to stick by their decision to pull out of the agreements with MSI-JSI, West Ham are relying on Tevez's three-year playing contract and the registration document they hold as evidence that he is their own asset.


The Telegraph:

With just three weeks to go to the start of the Premiership season, it is looking increasingly unlikely that the Carlos Tevez affair will be cleared up in time to allow him to kick off the new campaign with Manchester United.

An already tangled web of claim and counter claim became even more complicated and embittered yesterday after world football's governing body, Fifa, announced they could not rule on the dispute over the Argentine striker's ownership.

Instead they referred the matter to the Court of Arbitration for Sport (CAS) in Lausanne.

With so much confusion about the international regulations relating to third party ownership, Fifa acknowledge that there is now a need for an independent body to come up with a ruling for a phenomenon which is commonplace in South America but still relatively new in England and other parts of Europe.

Although Fifa could be criticised for passing the buck, it nevertheless seemed to offer a sensible solution to a problem which the Premier League, West Ham and Manchester United have so far been unable to resolve.

Fifa's insistence that CAS should have the final say on the matter followed a meeting between Fifa's new general-secretary, Jerome Valcke, and the acting head of legal affairs, Marco Villiger, with senior Football Association and Premier League officials on Monday.

"This was deemed to be the best approach in the interest of all parties," Fifa spokesman Andreas Herren said yesterday. "It is also believed to be the fastest way to solve the dispute."

However, the chances of CAS providing a definitive ruling on the controversy seemed remote last night as Tevez's owners, Media Sports Investments and Just Sport Inc, fronted by the Anglo-Iranian businessman Kia Joorabchian, sued West Ham for breach of contract at the High Court.


Daily Mail:

Carlos Tevez's protracted transfer to Manchester United took yet another dramatic twist last night when Kia Joorabchian issued a High Court writ against West Ham.

The Iranian businessman, who maintains he owns the 'economic rights' to the player, initiated legal proceedings in an attempt to force through Tevez's £30million move to Old Trafford.

The move came after another chaotic day in the long-running saga which began with a recommendation from FIFA that the matter be referred to the Court of Arbitration for Sport in Lausanne, something West Ham agreed to — but Joorabchian did not.

Instead, he issued a writ against West Ham for breach of contract and damages, fearing that should he agree to take the dispute to CAS, the matter would not be settled by the close of the transfer window on August 31.

He is also unwilling for the evidence to be heard behind closed doors, which would have been the outcome if the case had gone to Lausanne, as he is keen to prove he has nothing to hide.

Joorabchian's grievance is over West Ham's decision to tear up their contract with his companies, MSI and Just Sports Inc, for Tevez after the Premier League fined the club £5.5million for breaching rules regarding third party ownership of players.

Doing so allowed West Ham, who retain Tevez's registration, to continue playing the Argentina forward for the remaining three games of last season — with his goalscoring contribution proving vital to their Premier League survival.

Lawyer Graham Shear, representing MSI and Just Sports Inc, said in a statement: "I can confirm that the companies have today begun High Court proceedings against West Ham.

"This afternoon, a High Court writ was served on the football club's solicitors. The companies seek the court's intervention to compel West Ham to release the registration of Carlos Tevez in accordance with contracts entered into between the parties.

"We are asking the court to intervene, so that Carlos Tevez can be registered to play with Manchester United, as soon as possible."