Sydney FC striker Alex Brosque can transfer to J-League outfit Shimizu S-Pulse, Arbitrator Peter Kite SC held today.
Mr Kite SC concluded that:
on the proper construction of the relevant clause in the Contact between the Player and the Club, the Club is obliged to agree to the transfer of the Player to the overseas club, Shimizu S-Pulse, in view of its demonstrated interest in recruiting the player and offer of the maximum transfer fee;
the clause is a “transfer clause” by which the parties have mutually agreed to terminate their relationship in the circumstances described;
the clause is not a “buy out clause” operating to determine the liquidated damages in the event of a breach by the Player;
the clause does not relate only to the balance of the term of the contract; and
the transfer is not dependent on the length of any contract with the transferee club – once the transfer is effected the relationship with the transferor club is terminated.
Brosque said he was very excited about joining Shimizu in the J-League and testing himself at such a high level.
“A professional footballer always aims to play at the highest possible level. The J-League is arguably Asia’s best league, and I am looking forward to the challenge.”
“I have loved being a Sydney FC player, and it was a great honour to be a long-term player and especially be a part of last season’s double. Should the opportunity arise for me to return to Australia, I would love it to be with my home town team.”
“I am also very grateful with the support from the PFA. Without them, this would not have been possible,” Brosque added.
PFA Chief Executive Brendan Schwab said that the players’ body and Alex were very pleased with the decision.
“Transfer clauses are a common part of player contracts in professional football,” Schwab said. “They set out a fee that, if met by another club that a player wishes to join, will trigger the player’s transfer to that club.”
“The decision of Mr Kite SC is an example of how important independent arbitration is to resolving disputes within the football framework and without recourse to courts of law,” Schwab added.
