James Ducker
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The Premier League has privately warned West Ham United that they could face further disciplinary action over the Carlos Tévez affair if they do not receive a transfer fee for the Argentina forward should the player join Manchester United.
West Ham relinquished any power to terminate Tévez’s contract when, after being found guilty in April of acting improperly over his signing last summer, they terminated their third-party agreement with Kia Joorabchian, the businessman who owns the economic rights to the player, and gave the League assurances that they would “assert their rights” over the Argentinian.
As a consequence, West Ham had no alternative but to reject a request in writing from Tévez this week to have his playing contract cancelled. The club and the League have also turned down a written request from Tévez’s representatives to cancel the player’s registration, which West Ham hold.
Tévez has agreed to join United on a two-year loan, at the end of which the champions would have the option to buy him permanently, but until it is agreed and then proven that West Ham have received and kept a “significant portion” of the reputed £6 million transfer fee, the deal cannot go ahead.
The problem centres on the fact that Joorabchian claims that he did not agree to the termination of the third-party agreement with West Ham. He could potentially sue the club for breach of contract if he is not the one paid the money.
All three parties believe that they can reach an agreement, but it is likely to hinge on Joorabchian and West Ham reaching a settlement that satisfies both of them and the League. Although unlikely, there is a chance the matter could end up in the courts.
The FA had still to be approached last night to act as an arbitrator to oversee the move, but Fifa, football’s world governing body, effectively ruled out any chance of getting involved yesterday because the transfer is domestic rather than one between clubs from different countries.
A spokesman for Fifa said: “If we receive any formal requests from any of the parties involved we would look at it and if there is any international aspect to the transfer we could intervene but if it is decided that this is only a domestic transfer then it is a matter for the national association only.”
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