How can FIFA enforce agent rules? CAS panel overturns agent suspension in Beckett v FIFA case

The recent arbitral award delivered by a Court of Arbitration for Sport (CAS) panel in CAS 2024/A/10918 Jonathan Dominic Finbar Beckett v. FIFA^[1] (Award) sheds light on the challenges involved in implementing new regulatory frameworks in international sport. The case provides a timely opportunity to consider the effects of the implementation of global sports regulations, and in particular, the uncertainty, regulatory gaps and enforcement issues that may arise due to wider legal challenges.

The case concerned Jonathan Beckett, a football agent whose FIFA licence was provisionally suspended by the FIFA General Secretariat in September 2024 for allegedly providing agent services without proper authorisation. However, the decision arose during an unusual regulatory situation: Article 21 of the FIFA Football Agent Regulations (FFAR), which grants the FIFA Disciplinary Committee authority to make final decisions on agent violations, had been temporarily suspended by FIFA. This created a legal gap where the FIFA General Secretariat could investigate potential violations and impose provisional suspensions, but no FIFA body had the power to make definitive rulings or impose final sanctions. The CAS panel was therefore required to determine whether the General Secretariat could effectively impose what became a 16-month suspension without the matter ever being referred to the FIFA Disciplinary Committee for a proper adjudication.

This article highlights the broader implications of the award for sports governing bodies to bear in mind when suspending or delaying regulations —particularly in transitional periods where procedural certainty and athlete/agent rights may be at stake. This is because even when practical difficulties arise – such as when disciplinary powers are temporarily suspended – governing bodies cannot merge investigative and decision-making powers unless the applicable regulations expressly permit it.

The article looks at:

• Background and Regulatory Context
  • The FIFA Football Agent Regulations
  • The Beckett Case Facts
  • The FIFA Football Agent Regulations and Their Transitional Phase
• Core Legal Issue: Scope of Authority
• CAS Award: A Procedural Line
  • The Panel's Key Finding
  • Jurisdictional Analysis
  • Decision Outcome
• Analysis and Implications
  • Regulatory Implementation Challenges
  • Future Outlook