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Argentine Riddle

August 1 - 7, 2007
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Gulf Weekly Argentine Riddle

Every season at least one transfer rumour dominates the headlines during the close season and unusually this year it involves Manchester United.

In recent times their north London rivals Arsenal have been centre of attention, mainly due to the will he, won’t he sagas of Thierry Henry and Patrick Vierra.
Now both of these have been resolved, attention this year has turned to Carlos Tevez and his possible move from West Ham United to Old Trafford.
What is unusual about this deal is that it involves a third party who claims to own his ‘economic rights’ even though the London club hold his registration.
This party intruder is Kia Joorabchian and his companies MSI and Just Sports Inc who induced a debate not seen in the Premiership to date.
It is not unusual in other countries to have a third party owning a player and then leasing them to clubs but under Premiership rules this is forbidden.
This was the central element of the problems West Ham encountered when they were under investigation by the Premier League when Tevez and his colleague Mascherano signed last year.
Ultimately, West Ham paid a £5.5 million fine but this was far preferable to any points deduction that could have been given – and they also gave assurances that the third party element had been severed with Joorbchian. This allowed Tevez to play the last three games of the season and score the vital goals, not least the one at Old Trafford on the last day of the season, that allowed West Ham to stay up.
The fact that the Premier League were satisfied with the assurances given to them adds further complications to what is already a web of intrigue.
Sheffield United and other clubs were never so sure and ultimately they might be vindicated in their views if Joorabchian gets his day in the High Court … as this is where it appears to be heading.
Last week FIFA declined the request by all parties to decide on the matter and instead suggested the matter was referred to the Court of Arbitration for Sport.
This, however, requires the consent of all relevant agencies and at the moment this is not forthcoming from Joorabchian.
It is easy to understand why this might be. If he goes down the CAS route there is no option to appeal, the verdict is binding but if the High Court hears the case then various avenues open up should he be unsuccessful at the initial stage.
Manchester United will probably get their man anyway so it would be minor inconvenience should it be delayed, West Ham would keep Tevez playing for the club for a little longer and Joorabchian would not risk his considerable share of the £30 million at stake in this affair at a hearing he had no control over.
No, it is the Premier League which has most to be concerned about as it ruled on this matter and a number of interested parties are waiting in the wings to find out if the judgement was correct, not least relegated Sheffield United.
What is clear is that no one other than the league has seen the proof provided by West Ham that the third party links were severed last year.
A highly-skilled and well paid group of lawyers may probably want a lot more detailed evidence than an arbitration panel.
This is now a straight forward case of ‘who owns the rights to the career of Carlos Tevez’.
It does, though, add another dimension to the biannual transfer window even if it does not move away from the central issues of the day – player movement and big money.
Players, clubs, agents and shareholders are all involved in this merry-go round of football talent.
The only thing that the football fans can expect in such a world is that the governing bodies involved act with honesty, consistency and integrity when dealing. Ultimately, it may take a court of law to ensure that is the case.  

By Patrick Cummings
patrick.cummings@blueyonder.co.uk







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