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Old 07-11-2007, 10:49 PM   #1 (permalink)
GocartMozart
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Default Tevez waits on High Court's Friday Deadline

http://soccernet.espn.go.com/news/story?id=444960&cc=%



Quote:
Kia Joorabchian is prepared to hand over all the documentation relating to Carlos Tevez's contract at West Ham if Friday's High Court ruling goes in favour of Sheffield United.



The Championship club are pursuing legal action after the Premier League inquiry decided not to dock West Ham points for breaking two regulations regarding their signing of Tevez and fellow Argentinian Javier Mascherano.


Sheffield United were subsequently relegated on the last day of the season.


The Blades' lawyers have been in touch with Joorabchian this week and they privately believe the club have a strong chance of winning a favourable verdict on Friday.


A source close to Joorabchian said: 'If the judge rules all the paperwork must be made public we will be forced to co-operate.


'We have no idea how significant the paperwork may be - all we know is we have done nothing wrong.'


It is understood the documentation could potentially be harmful to West Ham's case and in the long run that may go some way to helping settle the contractual wrangle which is holding up Tevez's transfer to Manchester United.


But Joorabchian would prefer for the matter to be settled out of court.


Joorabchian and Tevez wrote to West Ham on Tuesday and the Premier League asking for the player's registration and contract to be cancelled - but their approach was turned down.


Joorabchian is also considering an appeal for FIFA to step in as arbiters to try to untangle the contractual mess.


FIFA say they may be prepared to step in to settle the transfer dispute - but they have yet to receive any official request to do so.


Football's world governing body can become involved if there is an international element to a transfer or if they are asked to by the FA.


Tevez's move to United has stalled due to the Premier League's insistence that West Ham must receive the bulk of the reported £30million fee.


Tevez's representative, businessman Joorabchian, claims he owns the player's economic rights.


A FIFA spokesman said: 'We have not received any official request from any of the parties involved so far.


'If we do receive a request we would then decide whether we have to look at it or if it is up to the FA to rule on it.


'The FA could also ask us for guidance and send us all the relevant information.'


second article from the guardian that is a few days old, but is by far provides the most clarity

Quote:
League say no as Tevez tries to cancel contract


· MSI and player apply to cancel his registration
· Court likely as Man United refuse to pay Hammers fee

Paul Kelso
Wednesday July 11, 2007
The Guardian


Manchester United's pursuit of Carlos Tevez edged closer to the courts last night after the Premier League rejected an attempt by MSI, the offshore company that brought the player to the Premiership, to cancel his registration with West Ham United. The Premier League also rejected a personal letter from Tevez in which he notified them that he was terminating his contract with the London club.
The Premier League refused to allow both Tevez's letter and MSI's request on the grounds that it does not consider that MSI have any rights over the player's registration, having been informed by West Ham that the club has torn up its agreements with MSI. Last Thursday the league ruled that Tevez could not join Manchester United unless West Ham received any transfer fee in full.

The moves by MSI to free up the player to join United came as it emerged that the Old Trafford hierarchy has ruled out paying West Ham anything for the player as they do not consider that the London club are his owners.
United's position, established after talks with MSI, who own Tevez's commercial rights, directly contradicts the Premier League's view. United are satisfied however that West Ham have no rights over Tevez and Old Trafford has been in negotiations with MSI's front man, Kia Joorabchian, over a two-year loan deal that would include a right to buy the player for a pre-arranged fee during that period. United also think that Tevez's registration will transfer to them as they believe that technically the Argentinian forward is a free-agent.

United's stance threatens to undermine the agreement reached between the Premier League and West Ham in April after the club was found guilty of breaking rules governing third-party agreements. On the morning after West Ham were fined £5m for breaching regulation U18 the Premier League board informed West Ham that Tevez could continue playing for them if the offending contract, between West Ham and MSI, was unilaterally terminated by the club.

West Ham are bound by undertakings given in a letter to the Premier League following the ruling in which they said the contract with MSI had been terminated. The league also made it clear that it has power of veto over any transfer, and that it would only accept a commercially realistic transfer fee for the player. The league will also not wave through any deal in which Joorabchian was the primary beneficiary. Were they to allow any such deal, or for the transfer to take place without West Ham's approval, it would make a mockery of the assertion that the third-party agreement with MSI was terminated.

In order for the Premier League's ruling to hold water West Ham have to demonstrate that they own the player, exercising their rights by acting as the selling club. Last night a West Ham source insisted that it had received no offer from Manchester United, and until it did Tevez would remain their player.

This leaves legal action in either the civil courts or the Court of Arbitration for sport as the the most likely resolution to the deadlock, and the escape route that would allow all parties to retire satisfied.

If, say, the CAS were to assert MSI's rights to receive a fee for Tevez the Premier League would have little choice but to allow the deal to proceed, but would be seen to have defended the integrity of its regulations. West Ham, who had not expected a transfer feel before the league's intervention, would also be happy with such an outcome.
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Last edited by GocartMozart; 07-11-2007 at 10:56 PM.
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