نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
The non-compete clause, as a common provision in international sports contracts, has given rise to various legal challenges. Under this clause, an athlete or coach undertakes, for a specified period and within a defined geographical area, not to engage in professional activities with competing clubs after the expiration of the contract. While this clause serves as a mechanism for protecting clubs’ legitimate interests and investments, it may also conflict with the fundamental principle of freedom of employment. Adopting a descriptive-analytical approach based on library research and an examination of judicial practice, this study investigates the tension between non-compete clauses and freedom of employment in the context of international sports contracts. The findings indicate that, although such clauses may be considered valid under various legal systems, including Iranian law, on the basis of general principles of contract law and Articles 10, 219, 221, and 223 of the Iranian Civil Code, their enforceability in the sports sector requires particular scrutiny due to the distinctive characteristics of the industry, including the limited duration of professional careers and the interdependence of stakeholders. The jurisprudence of the Court of Arbitration for Sport (CAS), including cases such as Mutu, Ranieri, and Heinze.
کلیدواژهها English