Abstract:

The goal of the football manager contract is to provide services for the professional player contract signed between the football player and the club or the transfer agreement signed between two clubs. In this context, many disputes arising from the football manager contract with foreign element made by the parties come up. In the case of a dispute with a foreign element arising from the football manager contract, parties may file a bill in state courts or apply to the Court of Arbitration for Sport (CAS). However, if a dispute arising from the football manager contract has a foreign element, it can't be taken to the Turkish Football Federation Dispute Resolution Board. Article 63/3 of the Statute of the Turkish Football Federation states that the International Association Football Federation (FIFA) is clearly authorized in international disputes. If a dispute arising from the football manager contract with foreign element is taken to the Court of Arbitration for Sport, the panel shall decide the dispute according to the rules of law chosen by the parties or, in the absence of such a choice, according to Swiss law. The parties may authorize the Panel to decide ex aequo et bono. If the parties file a bill regarding these disputes in the Turkish courts, the applicable law may vary depending on the qualification to be made by the court. Accordingly, if the parties have made the football manager contract with the elements of the employment contract, the court has to determine the applicable law according to article 27 of MOHUK. However, if the parties have made the football manager contract with the elements of the agency contract, the brokerage contract, the commission contract or the consultancy contract, the court has to determine the applicable law according to article 24 of MOHUK.