You must read this statement from the OS. WEST HAM UNITED CLUB STATEMENT West Ham United totally rejects the latest outburst and threats issued in the name of Kia Joorabchian in relation to the situation regarding Carlos Tevez. We will not be drawn into this form of public mudslinging but these latest statements cannot go unanswered. Mr Joorabchian entered into agreements with the previous regime at West Ham United at a time in which he was attempting to take over the Club. Those arrangements, since terminated by West Ham United, led the Club into serious disciplinary difficulties for which the Club has paid a heavy price. It is absolutely clear that the only contract relating to Carlos Tevez recognised by West Ham United and the Premier League is the player's four-year contract which runs until June 2010. All other arrangements were terminated by West Ham on 27th April 2007 and no legal challenge to that termination has occurred. West Ham United can also confirm that all documentation regarding the Club and Carlos Tevez has already been submitted to the Premier League and fully scrutinised by them. We have ensured full disclosure. The Club has in recent weeks made every effort to keep Carlos Tevez at West Ham United and indeed offered significantly improved terms and conditions to the player, which were not accepted. However, a transfer of a properly registered player cannot occur without agreement between two clubs and the Premier League. Without such an agreement we believe that it is in the interest of all parties to resolve this issue as quickly as possible through the procedures laid down by FIFA. Public threats and accusations are irrelevant, let FIFA decide and West Ham United will accept that judgement whatever the outcome. The time has come to settle this matter in a way which will allow everyone concerned to move on.(END) He will not go without we get some money. End of story. I told you that my brother said that he thought Kia was on a dodgey ground with his contract. West Ham seem very confident.
It's seems we are in a sit tight position now. Kia is going to struggle to get his money regardless what our resident Bigsoccer legal experts say. He may get it back through the courts if FIFA and the PL don't decide to take pity on ManU and Tevez and bend the rules for them. At this stage I can't see that happening. Who do they think they are, Liverpool?
My concern with having FIFA as the arbitor here i sthat I have a feeling that they will default in favour of Manchester United, being the higher profile club. Also I think it must be difficult for Carlitos himself. Remember he doesn't speak English which means alot of this stuff is either filtered through a <ahem> third party or originated by someone else in his name. I can see why an ambitious and talented player like him would want to leave, but if he were to stay, how will he feel walking out in front of the fans who so dearly took him to heart, chanting his name even as he hadn't scored for 19 games? I do feel sympathy for him on an indivdual level.
That is a fair point BB. FIFA are known for liking to be in charge of everything, but with Michel Platini there is supposed to be an era of openess etc. I can't se FIFA holding that much spite over in a ruling such as this. Perhaps I am being paranoid given the amount of influence that the big 4 appear to wield over the FA at home.
If this drags on, into in the courts,until the start of the season ,the saddest thing will be one of the greatest talents in football will be sitting in a hotel room,talking to lawers,when he should be on the pitch entertaining us all.He does'nt want to play for us,lets move on!!
We cant. If we move from our position we will seen as having accepted KJ's rights over the player and will get royally screwed. I feel really sorry for Carlos in this situation, but we cant move from our position, the Pl cant move from theirs at this point. KJ wont move from his, god knows what the consequences would be for him if he did, but I'd like to watch. Man U see no reason to move from theirs, Carlos wants to play for Man U, and who can blame him. I think the poor sod just wants to play football. I'd love him to come back to us but really cant see it, unless there was some compromise letting him go in January: but thats just dreaming. I just hope that the outcome for him is that he is freed from the absurd bondage he seems to be in as the property of Kia/MSI, and gets to play the game he obviously loves, and graces with his sublime skill and passion, wherever and whenever he wants. Can the FIFA hearing PLEASE be held in Brazil?
Hammers are ********ing theifs, theys what they are@! Stealing something they isnt theirs. They deserve the karma!!!!
Every legal expert? Are you sure about that, considering I only said struggle? Some people seem to think it will be an open and shut case for Kia, whereas this article suggests it will be a bit more difficult than that.
A transfer fee, is just what it says. A fee for the transfer of a players registration document, from one club to another. Economic rights are nothing to do with the FA, FIFA, or the PL, as long as they do not influence the club concerned in it's selection, or performance. Kia and Man Utd will not win this. If it is open and shut, then it's in our favour. Eggy is not daft, nor a pushover. Kia deserves all he gets IMO
Love to know what your H.P is. If its the Daily Mail, they get their stories from football rumours and Tribal football.
i just want to know what the transfer fee west ham paid for tevez is? Because if im correct you guys got him on loan, therefore, you have no claim to his economic rights; all you have is his registration and a contract. However, given the west ham logic, we'll just rip up our third party agreement's to paraphrase, there is absolutely no reason given this logic that tevez shouldn't simple nullify his contract and sign for united. (a bit dreamy i know but west ham made their bed with kia/mia and now they are going to have to sleep in it.)
No loan deal. He signed a 4 year playing contract. That's what the fuss is about. Kia owned his economic right, we own his playing rights. Kia at the time thought that he was taking over West Ham, but the deal fell through. The contract that West Ham had with KIa was deemed illegal under PL rules. The contract that we have with Tevez was deemed legal. Had he bought the club, it wouldn't have mattered. Normally a transfer fee is paid to transfer the players registration (held by us) to the other club. This is why there is trouble. He came on a free transfer...well there was a signing on fee, of a million, or so. Very difficult legal situation this. The PL insist that West Ham have his registration and it's that that is transferred. Our hands are tied. We'll see.
By the way, you are wrong on every point. 1. Not a loan deal. Where did that come from? 2. Economic rights? Of course you can sell a player that you get on a free transfer. You sell his registration papers to the other club. There are no rules within the FA, FIFA, or the PL about economic rights. A transfer means what it says. You transfer a players registration papers from club A to club B 3, A contract that is legal, cannot be nullified, as you say. Tevez has 3 years left on a 4 year contract. 4. The contract that was cancelled was not with Tevez, but MSI. It was deemed to be in breach of PL rules and is therefor not enforceable in law. The Tevez contract is legal and is enforceable. 5. We know that he will leave and there is no dispute between Man Utd and W. Ham united. THE PL WILL NOT TRANSFER HIS PAPERS; WHICH ARE HELD BY WEST HAM. Clear now?
This is not quite right. It was deemed to be in breach of PL rules, and thus West Ham were required to end that situation. The QC did note that the contract might also be illegal at common law, but that wasn't up to be decided, so it was obiter
Makes you think we messed up a little by letting Masher go. Could have screwed the crook Kia out of a ton more cash. I really hope he gets nothing from the Tevez 'transfer'. As for all the Manc. fans getting annoyed because they are not getting their own way for once..... It's not our fault, this mess is that of a thieving piece of trash who deserves to be dragged through the courts and found out for what he is. Your going to get Tevez but we need some cash first and a little credit for doing the right thing. Sorry if you read the bun and know not what you speak but thats the truth.
Ok, I bow tour legal knowledge, but I was told that, and I quote. ' A conract made within an organisation, must abide by the rules of that organisation. If it does not, it will be declared null and void ' Later he added, 'It is not up to a court to change the rules, only to see that members abide by those rules in contractural agreements.' If this goes to court, it will be interesting to see what legal points are used. The judge also said that there were many precedents to support his opinion, but of course, he hadn't seen the contract. There is also the quote from Kia, when they joined West Ham. They have signed on permenant deals, he said. Over to you, my learned friend.
one of the biggest problems in all of this is that the identity of the parties are not the same in the various agreements. So Kia is not a member of the PL. And also I am sure a lot will come down to what the intentions of your club and kia were, which we can't really tell - because of course it was all kept on the quiet
Right, but the contract was made, I assume, to govern a player and his registration with the PL. Kia was acting, and is still acting as the players agent. I would assume that the same rules apply, but I was wrong once before, so it could happen again..................though I doubt it. Of course it does depend on how much is going on behind the scenes and what West Ham and KIA really want to happen. I think it's an interesting case and even though you have a lot of legal knowledge, I'd still like to argue against you, as West Ham's representative, based on the information that we have today. Do you fancy asking Kia if you can represent him? That could be fun.
There is no way Tevez or mascerano came over on a free transfer. no one in there right mind gives up two of the best young players in the game for free. I've heard and maybe its a rumor that west ham got both players on a loan agreement with the assumption that they would both move on after a year. I think west ham fans and management need to take some accountability here as well; everyone knows third party deals are against the rules, but you did it anyways. As far as I'm concerned I agree with Man Utd. stance that any transfer fee should go to Kia rather than west ham.