Wilfried Guemiand Bony v Kacou & Ors

Wilfried Guemiand Bony v Kacou & Ors

There was no express or implied agreement between the claimant and the defendants incorporating Section K of the FA Rules or its arbitration clause. The existence of express agreements between the parties, none of which contained an arbitration clause (except one with a different, inapplicable dispute resolution provision), meant it was not necessary or appropriate to imply such a contract. Therefore, there was no arbitration agreement and the proceedings should not be stayed.

Parties
Claimant/respondent: Wilfried Guemiand Bony; Defendant/appellant: Gilbert Francis Kacou; Defendant/appellant: Gilbert Francis Kacou Promotion S.A.R.L; Defendant/appellant: Dalibor Lacina; Defendant/appellant: International Football Marketing & Management S.R.O; Defendant/appellant: Swansea City Association Football Club Limited
Jurisdiction
England and Wales
Judgment Date
04 September 2017
Procedural Posture
Civil Appeal / Appeal From Order Refusing Stay of Proceedings Pending Arbitration
Outcome
Appeal dismissed
Legal Topics
Implied Contracts in Sport, Arbitration Agreements, Incorporation of Arbitration Clauses, Jurisdictional Challenges, FA Rules and Dispute Resolution
Arbitration Sports Law Contract Law Implied Contracts in Sport Arbitration Agreements Incorporation of Arbitration Clauses Jurisdictional Challenges FA Rules and Dispute Resolution

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Parties

Wilfried Guemiand Bony

Claimant/respondent

Gilbert Francis Kacou

Defendant/appellant

Gilbert Francis Kacou Promotion S.A.R.L

Defendant/appellant

Dalibor Lacina

Defendant/appellant

International Football Marketing & Management S.R.O

Defendant/appellant

Swansea City Association Football Club Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Order Refusing Stay of Proceedings Pending Arbitration

Legal Issues

  1. 1 Whether there was an implied agreement between the claimant and defendants incorporating the FA Rules and arbitration clause (Section K)
  2. 2 Whether proceedings should be stayed under s.9 Arbitration Act 1996 for arbitration under FA Rules

Ratio Decidendi

There was no express or implied agreement between the claimant and the defendants incorporating Section K of the FA Rules or its arbitration clause. The existence of express agreements between the parties, none of which contained an arbitration clause (except one with a different, inapplicable dispute resolution provision), meant it was not necessary or appropriate to imply such a contract. Therefore, there was no arbitration agreement and the proceedings should not be stayed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the order refusing a stay of proceedings is upheld.