Monday, 16 July 2007

Over-Complicated

"In my opinion the theory here is the logically simplest relativistic field theory that is at all possible. But this does not mean that nature might not obey a more complex theory. More complex theories have frequently been proposed. . . In my view, such more complicated systems and their combinations should be considered only if there exist physical-empirical reasons to do so." So ends The Meaning of Relativity where Einstein gives canonical expression to the principle of Occam's Razor; or as he would later precise it: "Everything should be made as simple as possible, but not simpler." It remains the purest distillation of positivist theory ever wrought... well, up until the moment that Avril Lavigne asked a waiting world why they had to go and make things so complicated. But that's not important. So it is in metaphysics, so it should be in football; and on this point Albert, Avril and David Gill would be in perfect harmony.

The Manchester United chief executive today insisted his club is determined to proceed with the signing of
Carlos Tevez despite admitting the deal is "over-complicated". Tevez is preparing to fly into Manchester for a medical which, under normal circumstances, would mark the end game in a £30million move from West Ham. However, with the Premier League insisting that any transfer fee must be paid to West Ham rather than Kia Joorabchian, whose company owns Tevez's economic rights, the saga is likely to remain some way from conclusion. "We are working on it," said Gill today. "In my opinion, it has become over-complicated. Effectively, we are trying to work with four parties; the player, West Ham, the company who own Carlos's economic rights and the Premier League in order to sort it out. The process is ongoing. The player will have a medical at some point this week, then we will take it from there. We still have to sort out the paperwork but we are confident that can be achieved in the course of the next week or so."

United's legal expert Maurice Watkins has remained in England as efforts to resolve the dispute intensify. The issue of economic rights is central to the negotiations and in this matter West Ham remain confident that the law is on their side. An article in today's Guardian reiterates the London club's belief that the clause in Tevez's original contract that ascribed his "economic rights" to his agents, Media Sports Investment and Just Sports Inc, are unenforceable in law. This, insists Matt Scott, explains their tenacity on insisting on a fee for the player, whom Manchester United would like to sign, and their preparedness to fight a court case on the matter. The alleged errors in the third-party contracts were originally uncovered by deputy chief executive Scott Duxbury, and then adopted by the Hammers' counsel, Jim Sturman QC, when he argued to the independent disciplinary panel that elements of those contracts are "clearly invalid as being a restraint of trade". According to Sturman the "predetermined damages" in the third-party agreements - fixed amounts payable upon breach of contract by the club or player - are "penalty clauses" that are also "unenforceable in law". QC Simon Bourne-Arton, who chaired that panel, found that the arguments carried "considerable force" and it was this response that set West Ham down the road of ripping up the "unenforceable" third-party agreements.

The club consider their argument would carry even more weight in defence of the threatened court challenge from MSI-JSI. There is now a private feeling at West Ham, states the article, that recent developments in Brazil, where an arrest warrant has been issued against the offshore companies' representative, Kia Joorabchian, also cloud the issue for Tevez's handlers. The Hammers will not now sanction Tevez's transfer to Old Trafford until formal negotiations are conducted and they receive the transfer fee. Although it was Joorabchian who stated last Thursday that Tevez's transfer would be effected this week, it appears that if that happens his companies will be cut out of the deal. Talks between the clubs are expected to open today, since United have given up hope on an arrangement involving MSI-JSI being endorsed by West Ham and the Premier League.

1 comment:

Mikey said...

Finally the truth is out.

Man utd HAVE been all along dealing with quote "Effectively, we are trying to work with four parties; the player, West Ham, the company who own Carlos' economic rights(msi) and the Premier League in order to sort it out.".

Tevez IS now legally contracted to play fror utd, therefore the only problem left is between west ham and the premier league. Leave them to find a solution to the problem THEY have created for themselves, Tevez and utd are in no way involved in the shady goings on of last season.

Just fine west ham again for lying, again, explain that new rules regarding 3rd party ownership are now in place and boot someone off the premier league as the pasty, after all, they're all rich men who will just find another way to amuse themselves.

 

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