Any Chelsea appeal against the Fifa sanction banning them from registering new players during the next two transfer windows is likely to be fast-tracked through the system, a leading lawyer has warned.
It would render useless possible attempts by the West London club to delay the process, having the ban “frozen” by the Court of Arbitration for Sport (CAS) and thereby enabling them to buy players in January and perhaps during the summer as well.
“There is a real possibility that this case will be dealt with before Christmas, before the next transfer window,” Adam Morallee, a partner with Mishcon de Reya, the law firm, said yesterday. “It would not be a suprise for it to be heard before then.”
Chelsea could pursue the avenue taken by Sion. In a similar dispute, ruled on by Fifa in May, the Swiss club were also embargoed for two transfer windows. However, they appealed and had their ban temporarily suspended by CAS as it deliberated. The judgement is not expected until November, which allowed Sion to buy players this summer.
Should Chelsea take the same route, they would then be free to play the transfer market from January 1. This, though, could have implications should a player bought in that period make a meaningful contribution. If Chelsea’s ban was subsequently upheld by CAS, aggrieved parties could claim that the signing of the new player was illegal.
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“That could open up a whole new can of worms,” Morallee said. “What if you buy a player in that window, he goes on to score vital goals in, say, the Champions League, and then Chelsea’s punishment is ratified by CAS. You could have a Carlos Tevez affair to the power of 25 million.”
Stephen Hornsby, partner and specialist sport lawyer at Davenport Lyons, believes that Chelsea should take the risk. “In lodging their appeal against the Fifa sanction, Chelsea are bound to follow the FC Sion route,” Hornsby said. “Their chances of success in having immediate implementation of the sanction suspended will be very high.
“I think Chelsea will be able to look forward to many more months dealing in the transfer market before Fifa’s punishment actually comes into effect. In this interim period, they will be able to stockpile players with a view to covering themselves in the period of suspension that would follow an unsuccessful appeal.”