Expensive lesson about international rules

THE LEGAL BATTLE IS NEVER OVER

On October 10th, former HAGL player Martin Dzilah worked at the Gia Lai Provincial Police Investigation Agency from 9:00 AM to 1:30 PM, asserting that he had not received the agreed-upon sum of $20,000 USD (approximately 500 million VND) from HAGL Club. Previously, on March 21st, Martin and HAGL signed a contract termination agreement. Because he did not receive the money transferred to his bank account, Martin hired a representative company named Joseph Bannerman to file a lawsuit with FIFA. On June 28th, FIFA's Dispute Resolution Office requested that the relevant parties provide evidence through the Transfer Matching System (TMS), a legal information portal on FIFA's website, with a deadline of July 18th. On August 30th, FIFA demanded that HAGL transfer $29,000 (approximately over 700 million VND) plus bank interest within 45 days, otherwise they would face a transfer ban.

Martin Dzilah in front of the Gia Lai Provincial Police Investigation Agency headquarters on October 10, 2024.

HAGL FC stated that they were unaware of Martin Dzilah's lawsuit until FIFA issued its ruling on August 30th and notified the Vietnam Football Federation (VFF). The club subsequently sent an email explanation to the VFF and FIFA, including evidence such as the phrase "I received 20,000 USD" and a signature allegedly belonging to Martin Dzilah in the termination agreement. However, according to Thanh Nien newspaper's investigation, FIFA refused to process the claim due to the deadline. On October 7th, the Gia Lai Provincial Police Investigation Agency (CSĐT) issued a summons, requiring Martin Dzilah to appear at the CSĐT office to clarify several issues related to the complaint filed by LPBank HAGL Sports Joint Stock Company (HAGL FC). As mentioned above, during questioning by the investigation agency, Martin continued to assert that he had not received the 20,000 USD from HAGL.

HAGL MISSED THE "GOLDEN" OPPORTUNITY

Thanh Nien newspaper consulted two experienced legal advisory firms specializing in international transfer disputes, both of which agreed that HAGL is at a disadvantage due to missing the "golden" window of opportunity. FIFA, through its member football federations, including the VFF, informs all clubs to handle all transfer issues, disputes, and lawsuits on the Transfer Management System (TMS). When a dispute arises, FIFA will only update the TMS to the plaintiff and the defendant. The VFF will only receive notification from FIFA after a final ruling is issued. This forces clubs to independently check TMS updates to comply with regulations if they want to avoid disadvantages, instead of waiting for emails as before.

A lawyer shared: "HAGL ignored the time FIFA allowed for them to explain and provide evidence to the TMS. On the system, FIFA only saw Martin Dzilah providing evidence while HAGL did nothing. When FIFA issued its ruling, they gave 10 days to appeal to the CAS (Court of Arbitration for Sport ). Unfortunately, HAGL also missed that opportunity. Now, HAGL wants to appeal to the CAS but it won't be processed because it violates regulations. Internationally, there are no exceptions, and even if the VFF wants to send an email explaining, it's useless. Remember, FIFA has 209 member federations, a very large number, so everyone must follow the general regulations."

A notable point is that HAGL FC claimed to have sent $20,000 in cash to Martin Dzilah, instead of through a bank as per FIFA's usual practice. In its ruling, FIFA required HAGL FC to transfer $29,000 directly to Martin Dzilah's bank account, provide proof of payment, and obtain confirmation from the player. Failure to do so or exceeding the deadline would result in a transfer ban for 1.5 seasons (3 transfer windows). If HAGL FC continues to fail to comply, the FIFA Disciplinary Committee will intervene. The team would then face the risk of dissolution and a ban from all activities.

Clearly, this is a costly lesson for Vietnamese football in learning and adhering to international rules. Prior to the HAGL case, Vietnamese football held the record: 100% (both VFF and clubs) lost lawsuits against foreign players and coaches.

Source: https://thanhnien.vn/hagl-bi-cuu-ngoai-binh-kien-len-fifa-bai-hoc-dat-gia-ve-luat-choi-quoc-te-185241010225218114.htm