LEGAL EXPERTS CLAIM CONTRACT IS STILL LEGALLY BINDING

ANKARA


Emin Ozkurt, a Court of Arbitration for Sport (CAS) judge and legal expert.



Legal experts see a deadlock in the transfer payment of Argentine striker Emiliano Sala, who died in a plane crash in January as the payment of £15 million ($19.3 million) transfer fee is still uncertain.


"The contract between Cardiff City and Sala ends automatically," Ozkurt said.

However, the contract between two clubs -- Cardiff City and Nantes -- is still valid, he said.



Wednesday 27th March 2019

Emin Ozkurt, a Court of Arbitration for Sport (CAS) judge and legal expert from Turkey, told Anadolu Agency on Wednesday that there are two contracts, the one between English Premier League team Cardiff City and French club Nantes and the other one between Sala and Cardiff City.



Ozkurt said that the parties are acting in line with these two contracts, so Sala was officially transferred to Cardiff City.


"Sala's death is a reason to end the contract between Cardiff City and the player," he asserted, saying it was a service contract and Sala is unable to serve for Cardiff City.

"The contract between Cardiff City and Sala ends automatically," Ozkurt said.

However, the contract between two clubs -- Cardiff City and Nantes -- is still valid, he said.

"Sala's death won't change the current situation. The player's contract with Nantes was annulled, so Nantes had trading loss.

“The contract between Cardiff City and Nantes for Sala's move to the English club is still valid. So we can say that the contract inked by the clubs are binding each other."

Ozturk said that Nantes is likely to be proved right on a legal platform if carried.

The parties of agreement can also apply to CAS following to a court decision about Sala's payment.








- 'Nantes is right to demand transfer fee'

Alpay Kose, Sports Law Institute executive in Istanbul, said that Sala's move to Cardiff City was submitted to FIFA on Jan. 18, days before the crash.

"Sala was a player of Cardiff City on Jan. 21, when the crash happened, so Nantes has legal basis to demand the transfer fee," Kose said as Sala signed into English Club on Feb. 19.

Kose said that FIFA regulations are applicable in players' international transfers but there is not any specific clause about this issue, so there is a legal gap in the regulations.

"It's obvious that the transfer fee should be paid but in this case the parties don't have faults," Kose said, adding an instalment of £15 million may be paid.






- Sala’s death makes deal between clubs complicated

According to Ali Pasli, a law professor at Istanbul University, Cardiff City should pay for Nantes.

Pasli said that Cardiff City assert that Sala didn't sign the documents necessary to complete his move.

"The terms of the contract will not gain validity as Sala died, and the deal [between Cardiff City and Sala] ends,” Pasli said.

Cardiff City were due to pay the first of three instalments of £15 million for Sala's previous team, Nantes.

Cardiff City should have paid the first instalment on Feb. 20 but the clubs agreed to delay it for a week.

Sala, 28, was on his way to join his new club on Jan. 21 after he signed the contract, however, the ill-fated plane carrying him from Nantes to Cardiff vanished from radars near the Channel Islands.

Sala spent the majority of his career in France, playing for Bordeaux, US Orleans, FC Chamois Niort, SM Caen and Nantes.

He played in 200 club matches, where he scored 73 goals during his career.

This season, Sala scored 12 goals in 19 French top-tier division appearances as he was on Cardiff City's radar.

Cardiff City signed him from Nantes on Jan. 19 for £15 million.

The wreckage of a plane was found by a private search boat on Feb. 3 where his body was recovered from the single-turbine airplane.

British police confirmed on Feb. 7 that a body recovered from the wreckage in the English Channel was Sala’s. The body of David Ibbotson, the pilot, has yet to be recovered.

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without seeing the official contract no one can know for sure if s all hearsay

Wez1927:
without seeing the official contract no one can know for sure if s all hearsay[/quote]

Even with seeing the contract, it will still come down to which side can argue their case more convincingly than the other

without seeing the official contract no one can know for sure if s all hearsay

Even with seeing the contract, it will still come down to which side can argue their case more convincingly than the other

Personally I think Nantes have this one won. Intent will be the operative word here and it's obvious to everyman and his dog we had intent to sign Sala.

without seeing the official contract no one can know for sure if s all hearsay

Even with seeing the contract, it will still come down to which side can argue their case more convincingly than the other

Personally I think Nantes have this one won. Intent will be the operative word here and it's obvious to everyman and his dog we had intent to sign Sala.

Yeah, it will be interesting. But, if its true that the contract was drawn up so that Sala, got all his signing on fee up front, which is not allowed by the premiership and he got to Cardiff and decided he would only sign on that basis and if he couldn't do that, then wouldn't sign then surely the contract was not legal? and if no terms would have been agreed, then surely he is still a Nantes player?

If correct we're liable for the 16m which may or may not be recovered by insurance? Feel sorry for amelianos family as looks like they may not get any recompense !

If correct we're liable for the 16m which may or may not be recovered by insurance? Feel sorry for amelianos family as looks like they may not get any recompense !

I would imagine he was worth a few bob.
there will be a claim against the plane insurance .
plus it seems this lawyer will be coming after our club.
oh and what ever remained from the GoFundMe { he was found within a couple of days } ?
doubt we will ever know outcomes of any of this.. but id imagine they will be getting money from somewhere.

Last edited by dogfound on Wed Mar 27, 2019 4:21 pm, edited 3 times in total.

This is just going on and on, not good for club or fans, City need to sort now, getting out of hand

without seeing the official contract no one can know for sure if s all hearsay

Exactly some bloke in Turkey, what does he know, all hearsay and speculation, what will be will be !!!

without seeing the official contract no one can know for sure if s all hearsay

Exactly some bloke in Turkey, what does he know, all hearsay and speculation, what will be will be !!!

a court of arbitration for sport judge = some bloke in Turkey.

Last edited by dogfound on Wed Mar 27, 2019 4:35 pm, edited 1 time in total.

I think we need a large banner

SALA IS A BLUEBIRD - JUST f*cking PAY

While we sing the song for Sala

without seeing the official contract no one can know for sure if s all hearsay

Exactly some bloke in Turkey, what does he know, all hearsay and speculation, what will be will be !!!

a court of arbitration for sport judge = some bloke in Turkey.

but has he seen the clauses in the contract ? without that its just speculation

without seeing the official contract no one can know for sure if s all hearsay

Exactly some bloke in Turkey, what does he know, all hearsay and speculation, what will be will be !!!

a court of arbitration for sport judge = some bloke in Turkey.

but has he seen the clauses in the contract ? without that its just speculation

we are going to have to have some very good clauses mate.santa even.

without seeing the official contract no one can know for sure if s all hearsay

Exactly some bloke in Turkey, what does he know, all hearsay and speculation, what will be will be !!!

a court of arbitration for sport judge = some bloke in Turkey.

Exactly some bloke from Turkey, I'd take more notice from some of the self styled experts on here, what the fecks it got to do with him anyway !!!

without seeing the official contract no one can know for sure if s all hearsay

Exactly some bloke in Turkey, what does he know, all hearsay and speculation, what will be will be !!!

a court of arbitration for sport judge = some bloke in Turkey.

Exactly some bloke from Turkey, I'd take more notice from some of the self styled experts on here, what the fecks it got to do with him anyway !!!

the difference being , this bloke from Turkey is a lawyer who has actually judged sporting disputes for CAS. which is quite possibly where this dispute is headed.

Emin OZKURT is a Turkish lawyer who has extensive knowledge and experience in sports law and its regulation.

Emin has a LL.M degree in International Business Law from The University of Manchester. He is currently registered at the national bar of lawyers in Istanbul.

He is privileged to have acted for many of the governing bodies that regulate the sport in Turkiye, some of the biggest Football Clubs in the country, many player and agents from around the world and also athletes.

Emin represents his clients in many cases before the FIFA's Dispute Resolution Chamber (FIFA DRC), UEFA Disciplinary Bodies, Basketball Arbitral Tribunal (BAT), Court of Arbitration for Sports (CAS) and also Turkish Sporting Bodies.

Emin also manages the leading law firm on e-sports in Turkiye and his team consults one of the biggest publishers in this new sports ecosystem.

Moreover, Emin OZKURT is a professor in sports law in school degree of the Union of Turkish Bars and gives lectures on sports law at several Universities in Turkiye.

He participates in numerous seminars and conferences about sport law and he has published many articles about sport law.

Clearly this guy is an experienced sports lawyers who has represented his clients in many high level international cases, however he is not listed by the CAS as either a member or arbitrator from their football list so the claim he is a judge

How does it go Hmmmmm .

Emin OZKURT is a Turkish lawyer who has extensive knowledge and experience in sports law and its regulation.

Emin has a LL.M degree in International Business Law from The University of Manchester. He is currently registered at the national bar of lawyers in Istanbul.

He is privileged to have acted for many of the governing bodies that regulate the sport in Turkiye, some of the biggest Football Clubs in the country, many player and agents from around the world and also athletes.

Emin represents his clients in many cases before the FIFA's Dispute Resolution Chamber (FIFA DRC), UEFA Disciplinary Bodies, Basketball Arbitral Tribunal (BAT), Court of Arbitration for Sports (CAS) and also Turkish Sporting Bodies.

Emin also manages the leading law firm on e-sports in Turkiye and his team consults one of the biggest publishers in this new sports ecosystem.

Moreover, Emin OZKURT is a professor in sports law in school degree of the Union of Turkish Bars and gives lectures on sports law at several Universities in Turkiye.

He participates in numerous seminars and conferences about sport law and he has published many articles about sport law.

Clearly this guy is an experienced sports lawyers who has represented his clients in many high level international cases, however he is not listed by the CAS as either a member or arbitrator from their football list so the claim he is a judge

How does it go Hmmmmm .

https://www.linkedin.com/in/emin-ozkurt-6b59591b

If the Contract is legally binding then let’s use the 16m insurance money to pay Nantes end of.

Emin OZKURT is a Turkish lawyer who has extensive knowledge and experience in sports law and its regulation.

Emin has a LL.M degree in International Business Law from The University of Manchester. He is currently registered at the national bar of lawyers in Istanbul.

He is privileged to have acted for many of the governing bodies that regulate the sport in Turkiye, some of the biggest Football Clubs in the country, many player and agents from around the world and also athletes.

Emin represents his clients in many cases before the FIFA's Dispute Resolution Chamber (FIFA DRC), UEFA Disciplinary Bodies, Basketball Arbitral Tribunal (BAT), Court of Arbitration for Sports (CAS) and also Turkish Sporting Bodies.

Emin also manages the leading law firm on e-sports in Turkiye and his team consults one of the biggest publishers in this new sports ecosystem.

Moreover, Emin OZKURT is a professor in sports law in school degree of the Union of Turkish Bars and gives lectures on sports law at several Universities in Turkiye.

He participates in numerous seminars and conferences about sport law and he has published many articles about sport law.

Clearly this guy is an experienced sports lawyers who has represented his clients in many high level international cases, however he is not listed by the CAS as either a member or arbitrator from their football list so the claim he is a judge

How does it go Hmmmmm .

https://www.linkedin.com/in/emin-ozkurt-6b59591b

https://www.tas-cas.org/en/arbitration/ ... %5B%5D=238

Emin OZKURT is a Turkish lawyer who has extensive knowledge and experience in sports law and its regulation.

Emin has a LL.M degree in International Business Law from The University of Manchester. He is currently registered at the national bar of lawyers in Istanbul.

He is privileged to have acted for many of the governing bodies that regulate the sport in Turkiye, some of the biggest Football Clubs in the country, many player and agents from around the world and also athletes.

Emin represents his clients in many cases before the FIFA's Dispute Resolution Chamber (FIFA DRC), UEFA Disciplinary Bodies, Basketball Arbitral Tribunal (BAT), Court of Arbitration for Sports (CAS) and also Turkish Sporting Bodies.

Emin also manages the leading law firm on e-sports in Turkiye and his team consults one of the biggest publishers in this new sports ecosystem.

Moreover, Emin OZKURT is a professor in sports law in school degree of the Union of Turkish Bars and gives lectures on sports law at several Universities in Turkiye.

He participates in numerous seminars and conferences about sport law and he has published many articles about sport law.

Clearly this guy is an experienced sports lawyers who has represented his clients in many high level international cases, however he is not listed by the CAS as either a member or arbitrator from their football list so the claim he is a judge

How does it go Hmmmmm .

https://www.linkedin.com/in/emin-ozkurt-6b59591b

Linkedin Must be right.

Emin OZKURT is a Turkish lawyer who has extensive knowledge and experience in sports law and its regulation.

Emin has a LL.M degree in International Business Law from The University of Manchester. He is currently registered at the national bar of lawyers in Istanbul.

He is privileged to have acted for many of the governing bodies that regulate the sport in Turkiye, some of the biggest Football Clubs in the country, many player and agents from around the world and also athletes.

Emin represents his clients in many cases before the FIFA's Dispute Resolution Chamber (FIFA DRC), UEFA Disciplinary Bodies, Basketball Arbitral Tribunal (BAT), Court of Arbitration for Sports (CAS) and also Turkish Sporting Bodies.

Emin also manages the leading law firm on e-sports in Turkiye and his team consults one of the biggest publishers in this new sports ecosystem.

Moreover, Emin OZKURT is a professor in sports law in school degree of the Union of Turkish Bars and gives lectures on sports law at several Universities in Turkiye.

He participates in numerous seminars and conferences about sport law and he has published many articles about sport law.

Clearly this guy is an experienced sports lawyers who has represented his clients in many high level international cases, however he is not listed by the CAS as either a member or arbitrator from their football list so the claim he is a judge

How does it go Hmmmmm .

https://www.linkedin.com/in/emin-ozkurt-6b59591b

Linkedin Must be right.

TRY THE CAS LINK

Emin OZKURT is a Turkish lawyer who has extensive knowledge and experience in sports law and its regulation.

Emin has a LL.M degree in International Business Law from The University of Manchester. He is currently registered at the national bar of lawyers in Istanbul.

He is privileged to have acted for many of the governing bodies that regulate the sport in Turkiye, some of the biggest Football Clubs in the country, many player and agents from around the world and also athletes.

Emin represents his clients in many cases before the FIFA's Dispute Resolution Chamber (FIFA DRC), UEFA Disciplinary Bodies, Basketball Arbitral Tribunal (BAT), Court of Arbitration for Sports (CAS) and also Turkish Sporting Bodies.

Emin also manages the leading law firm on e-sports in Turkiye and his team consults one of the biggest publishers in this new sports ecosystem.

Moreover, Emin OZKURT is a professor in sports law in school degree of the Union of Turkish Bars and gives lectures on sports law at several Universities in Turkiye.

He participates in numerous seminars and conferences about sport law and he has published many articles about sport law.

Clearly this guy is an experienced sports lawyers who has represented his clients in many high level international cases, however he is not listed by the CAS as either a member or arbitrator from their football list so the claim he is a judge

How does it go Hmmmmm .

https://www.linkedin.com/in/emin-ozkurt-6b59591b

https://www.tas-cas.org/en/arbitration/ ... %5B%5D=238

Arbitrator v Judge is there a difference

If correct we're liable for the 16m which may or may not be recovered by insurance? Feel sorry for amelianos family as looks like they may not get any recompense !

Then try to spell his name Allan Emiliano not amiliano.

Emin OZKURT is a Turkish lawyer who has extensive knowledge and experience in sports law and its regulation.

Emin has a LL.M degree in International Business Law from The University of Manchester. He is currently registered at the national bar of lawyers in Istanbul.

He is privileged to have acted for many of the governing bodies that regulate the sport in Turkiye, some of the biggest Football Clubs in the country, many player and agents from around the world and also athletes.

Emin represents his clients in many cases before the FIFA's Dispute Resolution Chamber (FIFA DRC), UEFA Disciplinary Bodies, Basketball Arbitral Tribunal (BAT), Court of Arbitration for Sports (CAS) and also Turkish Sporting Bodies.

Emin also manages the leading law firm on e-sports in Turkiye and his team consults one of the biggest publishers in this new sports ecosystem.

Moreover, Emin OZKURT is a professor in sports law in school degree of the Union of Turkish Bars and gives lectures on sports law at several Universities in Turkiye.

He participates in numerous seminars and conferences about sport law and he has published many articles about sport law.

Clearly this guy is an experienced sports lawyers who has represented his clients in many high level international cases, however he is not listed by the CAS as either a member or arbitrator from their football list so the claim he is a judge

How does it go Hmmmmm .

https://www.linkedin.com/in/emin-ozkurt-6b59591b

https://www.tas-cas.org/en/arbitration/ ... %5B%5D=238

Arbitrator v Judge is there a difference

well you can call them some bloke in turkey if you like if that's what wiki told you he is

Emin OZKURT is a Turkish lawyer who has extensive knowledge and experience in sports law and its regulation.

Emin has a LL.M degree in International Business Law from The University of Manchester. He is currently registered at the national bar of lawyers in Istanbul.

He is privileged to have acted for many of the governing bodies that regulate the sport in Turkiye, some of the biggest Football Clubs in the country, many player and agents from around the world and also athletes.

Emin represents his clients in many cases before the FIFA's Dispute Resolution Chamber (FIFA DRC), UEFA Disciplinary Bodies, Basketball Arbitral Tribunal (BAT), Court of Arbitration for Sports (CAS) and also Turkish Sporting Bodies.

Emin also manages the leading law firm on e-sports in Turkiye and his team consults one of the biggest publishers in this new sports ecosystem.

Moreover, Emin OZKURT is a professor in sports law in school degree of the Union of Turkish Bars and gives lectures on sports law at several Universities in Turkiye.

He participates in numerous seminars and conferences about sport law and he has published many articles about sport law.

Clearly this guy is an experienced sports lawyers who has represented his clients in many high level international cases, however he is not listed by the CAS as either a member or arbitrator from their football list so the claim he is a judge

How does it go Hmmmmm .

https://www.linkedin.com/in/emin-ozkurt-6b59591b

https://www.tas-cas.org/en/arbitration/ ... %5B%5D=238

Arbitrator v Judge is there a difference

well you can call them some bloke in turkey if you like if that's what wiki told you he is

He is clearly more than some bloke from Turkey I haven't said any different what I am saying is he is not a judge and has been used outside of the CAS formal system and not as a JUDGE within the formal court system. You have searched for arbitrators by country but he doesn't appear on the list of arbitrators within the formal CAS system either on the general or football list.

This case if it gets to the CAS will likely be put before the appeals division of the Court which deals with appeals against decisions by sports governing bodies. He is absolutely not listed as an Arbitrator or Judge in that division of the CAS.

Nantes had the option of putting this matter before the CAS in the ordinary division to request arbitration on the validity of the contract but they didn't Why? In this article it says that Emin Ozkurt suggests "The parties of agreement can also apply to CAS following to a court decision about Sala's payment" but the moment Nantes asked FIFA to decide that opportunity was gone. So did an experienced legal sports professional actually say that in the full knowledge that Nantes had passed the matter over to FIFA? I don't think so he has probably been misquoted or maybe he never said it at all who knows. Don't believe everything you read on the internet including that this man is a CAS Judge.



Emin Ozkurt is an experienced legal professional but like ALL lawyers you could easily find another who would argue the exact opposite to what he is saying.

I think we need a large banner

SALA IS A BLUEBIRD - JUST f*cking PAY

While we sing the song for Sala

Well said Sir!

I think we need a large banner

SALA IS A BLUEBIRD - JUST f*cking PAY

While we sing the song for Sala

Well said Sir!

Maybe set up one of those funds pages for fans to pay into

Castleblue doesn’t like being proven wrong.

He made similar responses to me when I corrected his misunderstanding of the transfer process.

Emin OZKURT is a Turkish lawyer who has extensive knowledge and experience in sports law and its regulation.

Emin has a LL.M degree in International Business Law from The University of Manchester. He is currently registered at the national bar of lawyers in Istanbul.

He is privileged to have acted for many of the governing bodies that regulate the sport in Turkiye, some of the biggest Football Clubs in the country, many player and agents from around the world and also athletes.

Emin represents his clients in many cases before the FIFA's Dispute Resolution Chamber (FIFA DRC), UEFA Disciplinary Bodies, Basketball Arbitral Tribunal (BAT), Court of Arbitration for Sports (CAS) and also Turkish Sporting Bodies.

Emin also manages the leading law firm on e-sports in Turkiye and his team consults one of the biggest publishers in this new sports ecosystem.

Moreover, Emin OZKURT is a professor in sports law in school degree of the Union of Turkish Bars and gives lectures on sports law at several Universities in Turkiye.

He participates in numerous seminars and conferences about sport law and he has published many articles about sport law.

Clearly this guy is an experienced sports lawyers who has represented his clients in many high level international cases, however he is not listed by the CAS as either a member or arbitrator from their football list so the claim he is a judge

How does it go Hmmmmm .

https://www.linkedin.com/in/emin-ozkurt-6b59591b

https://www.tas-cas.org/en/arbitration/ ... %5B%5D=238

Arbitrator v Judge is there a difference

well you can call them some bloke in turkey if you like if that's what wiki told you he is

He is clearly more than some bloke from Turkey I haven't said any different what I am saying is he is not a judge and has been used outside of the CAS formal system and not as a JUDGE within the formal court system. You have searched for arbitrators by country but he doesn't appear on the list of arbitrators within the formal CAS system either on the general or football list.

This case if it gets to the CAS will likely be put before the appeals division of the Court which deals with appeals against decisions by sports governing bodies. He is absolutely not listed as an Arbitrator or Judge in that division of the CAS.

Nantes had the option of putting this matter before the CAS in the ordinary division to request arbitration on the validity of the contract but they didn't Why? In this article it says that Emin Ozkurt suggests "The parties of agreement can also apply to CAS following to a court decision about Sala's payment" but the moment Nantes asked FIFA to decide that opportunity was gone. So did an experienced legal sports professional actually say that in the full knowledge that Nantes had passed the matter over to FIFA? I don't think so he has probably been misquoted or maybe he never said it at all who knows. Don't believe everything you read on the internet including that this man is a CAS Judge.



Emin Ozkurt is an experienced legal professional but like ALL lawyers you could easily find another who would argue the exact opposite to what he is saying.

I don't believe everything on the internet....but the CAS site is lies..?
anyway I found the line...some bloke from Turkey hilarious...When talking about an arbitrator for CAS
only for you to jump in with your equally hilarious wiki peed on yer page ...the number one thing people should avoid believing...
btw CAS do not have judges as such they have arbitrators to settle disputes { not exactly a judge but hardly as completely out of it as some bloke in turkey or taking the high ground on the strength of a wiki search }
.
and the link I put up was for CAS...

Castleblue doesn’t like being proven wrong.

He made similar responses to me when I corrected his misunderstanding of the transfer process.

I read the thread.