Agent: A Judgment In An Arbitration Does Not Become Precedent

Source: fotbolltransfers.com
Players Union Secretary General Magnus Erlinmark said this weekend that the outcome of the decision between Kennedy Igboananike and Djurgården IF will be a guide for future disputes.

Player's agent and lawyer Martin Klette has a different opinion. The case is taken to the tribunal which creates new problems.

''It's good to play association has taken hold of this now, but you should have done it already for five or ten years ago. But there is a problem here, and that is that an arbitration can never become a precedent, '' says Klette to fotbolldirekt.se.

He added: ''This will be decided in arbitration, and then there is no other instance to appeal to. It's very unfortunate. It would have been better if they settled in ordinary courts. For example, in District Court and then on appeal before the Labour Court. By then, the judgment could set a precedent for the future. Now it will not happen.''

Martin Klette feels that the Swedish Football Association do not want to solve this type of litigation in the ordinary courts.

''My opinion is that had this occurred in the normal working life could have been equated with employment law harassment. Role is to get the player to terminate itself.

''But it's the union's own regulations that apply. Alliance wants to protect football from the fact that the usual rules in the workplace are to prevail, '' he says to fotbolldirekt.se.

Martin Klette says that the judgment may have a psychological impact on other clubs.