The European Super League, Florentino Perez, and International Contract Law

Real Madrid president Florentino Perez has reiterated that the 12 founding members of the ESL, including the nine clubs that announced they will no longer take part, have legally binding contracts preventing them from backing out of the heavily criticised league. If this statement is true, what barriers does Perez face with enforcing sanctions on the Premier League clubs? Where could the legal battle be pitched and how could it work?

“If the agreement was binding and there was no means of “backing out”, there would potentially be a means of leaving at a cost, possibly through a liquidated damages or penalty clause in the agreement if this were enforceable. But that is a lot of assumptions, which may or may not be correct; any ambiguity will be seized upon by lawyers for the parties to any litigation.”

Santiago Graffigna, Commercial Litigation Associate at BLM explores these issues and more in an article published in Sports Litigation Alert. Click here to read the article in full.