A club/player contract dispute is not within the competence of the FA to rule on. As far as I am aware their is a Premiership rule which allows them to arbitrate in such situations. However I am not sure if this rule is mandatory and exclusive or if any ruling is binding. As contacts are commercial property I would not foresee any club allowing another commercial organisation to have control over its assets.
Again the simple answer would be YES, Arsenal would be acting illegaly if it used information for its own purposes that it knew had been leaked or obtain surreptitiously.
I have a confidentiality clause in my contract, and I'm sure many posters here do as well. If, for instance, I was to discuss the details of a member of staff's disciplinary hearing, medical records, etc, I would be dismissed for gross misconduct. Even now I still love Luis and was sadly resigned to wave him goodbye with thanks and best wishes. If he keeps this up I hope Liverpool terminate his contract and sue him, his agent and Arsenal for the remainder of it when proof is obtained - and it will be - of who leaked what. My only caution is that I don't trust FSG one jot, and I wouldn't be remotely surprised if they too hadn't leaked details of his contract to try and get foreign teams to bid.
I honestly don't know what the burden of proof is: when I look back on the ziege case all I can find with us that we made the exact clause bid which was some way lower than the generally accepted price at the time and after being reported by borough to the FA they found we had but don't state how they knew we had. Anyone else know? I can't find the "proof" if you will. But then does the FA need concrete evidence when handing out guilty verdicts?
Why would FSG leek a 40m clause when they want 55m doesn't make sense. I think real are gonna wait until next summer when they can pick him up for a cheaper amount, if he turns up at all this season.
That's one of the key points - there is literaly no evidence of Arsenal doing anything wrong and unless it is more thoroughly investigated we won't know who leaked what. As for the not discussing certain work things - that is a given and i'd expect that sort of stuff to be covered by a contractual agreement not to discuss that sort of information, particularly as the examples you give are sensitive information. I just wouldn't expect it as a standard to cover every detail in a contract. But i haven't been involved inmuch drafting of contracts and any i have used for hiring new people have been templates
Sorry! Did I get this right. You don't think that a release clause in a players contract would be covered by a confidentiality clause? At this point we do know that Arsenal offered a specific sum in the hope of triggering a release clause. Now how they gained that 'information' will have to be investigated BTW charges of Tapping Up do fall within the jurisdiction of the FA
Since I don't, nor have i ever, or doubt i ever will, Managed at a football club or been involved in the process of drawing up a contract that involved a release clause for a football player i wouldn't have the faintest idea what would be covered by a confidentiality agreement within a contract for a football player earning millions a year
In essence you can equate it to salary: most private companies I know make it clear salary is not to be discussed among colleagues: the reasoning should be clear. Same principle: telling a rival company exactly how to buy you out of that contract would be a breach no matter what method you used to tell them a telephone call or leak to press is the same information. As I say I don't know what more is needed other than Arsenal simply reacting to that information exactly. I suppose if the FA believed LFC that it was so gross an underestimation of his current value that they (Arsenal) were acting as if information obviously leaked by his agent must be fact then they were gaining an advantage through a breach in said contract.
Arsenal have dealt with this saga with class. As Suarez has said, he wants an amicable solution, it is LFC's underhand behavior preventing this deal from happening.
Well I have many years experience of negotiating and managing global multi-million commercial contracts and I can tell you that strategic information within them will be covered by confidentiality clauses. However, it would only take you a little research to find enough information upon which to make a decision on the kind of things that are considered In Confidence
Have you specifically worked within Football negotiating contracts? As although i'm sure there are great similarities, the world of football works quite unlike most other areas of business!
Arsenal didn't even know about a release clause. They bid £40 million on the dot. But the incompetent Gazidis got confused with all the zeroes and accidentally added a £1.00.
Arsenal have been caught with their stupidly precise offer - and it will come back to haunt them. If Suarez wants an amicable solution then sit down with John Henry or Tom Werner. Make statements like tonight's and threats against your emplyer and you are heading for trouble. If you believe Liverpool have been underhand then you can bring the proof forward to corroborate your statement. Don't give up the day job
I can't see this turning into some big Arsenal vs Liverpool case in the courts as to whether our bid was in some way illegal. Thats hardly going to do wonders for Lvierpool is it. I really don't think it will come back to bite Arsenal at all.
