The Role of Waivers in the FIFA Clearing House System: Legal and Procedural Challenges in Training Compensation Disputes

This thesis examines the legal and procedural role of waivers within the FIFA Clearing House system, focusing on their impact on training compensation disputes. It analyses how waivers must be drafted, submitted and assessed during the Electronic Player Passport review process, and explores the tension between FIFA’s strict procedural framework and the more flexible approach sometimes adopted by CAS.

Through key CAS cases, the thesis identifies the requirements for a valid waiver, the risks of late or defective submissions, and the importance of procedural fairness when training clubs’ financial rights are affected. It concludes by proposing targeted refinements to improve fairness without undermining the efficiency and predictability of the FIFA Clearing House model.