What amounts are entitled to claim and why? If someone does not have the right to complain, the reason should be explained.

What amounts are entitled to claim and why? If someone does not have the right to complain, the reason should be explained.
Background Consider the following : 1. The player and the intermediary signed a representation contract that is attached. 2. The mentioned contract was deposited in the Federations of Kuwait and Tunisia. 3. This contract had a validity period of 24 months. From December 1, 2014 to November 31, 2016. 4. The player signed a contract with the Club Atletico de Madrid of Spain on January 17, 2016. This contract states that the agent / intermediary intervened as agent of the player in his capacity as Agent of the Kuwait Football Association. 5. In this contract the following gross salary of the player are established: – Season 2015/2016 (from January 17, 2016 to June 30, 2016). A total of 700,000. – Season 2016/2017. A total of 2,830,000 – Season 2017/2018. A total of 2,830,000 – Season 2018/2019. A total of 2,830,000 – Season 2019/2020. A total of 2,830,000 6. Through various communications has been claiming to the player the amounts owed, without so far has made any payment. 7. At the beginning of the 2016/2017 season and after an excellent end of season of the player with the club, the same player requests the intermediary through whatsapp of which a copy is available, to negotiate a renewal of the contract on the rise. 8. The intermediary contacts the Sports Director of the club by several telephone calls (a telephone receipt proving that he has made these calls to the telephone number of the Club’s Sports Director is available ) and it is agreed to start the renewal negotiations. 9. Various meetings are held where the sports director, the intermediary and the player’s father are present. In these meetings the Club manifests the will to renew the player with much higher amounts. 10. On November 30, 2016 the player sends a whatsapp to the intermediary where he says that the club wants to renew but if the renewal is made by another agent of trusted of the club and that this will imply a considerable increase of the amounts that until now had been put on the table. 11. The intermediary communicates by the same whatsapp that the contract must be respected and that the negotiations of the renewal have been initiated by him. 12. The player answers to the intermediary by whatsapp that he does not worry that his work will be recognized and that he will pay him what he deserves. That his intermediary is him. But that the Club puts him as a condition to renew that another agent appears in the contract because he will get more money from the club and everyone must receive something, that there must be commissions through, but that he and his father knows about the work that he has done. 13. Since that date the player did not establish any contact with the intermediary. 14. On February 19, 2018 the player signs a new contract with the Club where the following amounts are stipulated: – Season 2017/2018 (from 02/19/2018 to 06/30/2018). A total of 3,000,000. – Season 2018/2019. A total of 5,000,000 – Season 2019/2020. 2 A total of 5,500,000 – Season 2020/2021. A total of 7,000,000 15. On February 25, 2018, certified mail was sent to the player requesting immediate payment of the amounts owed and the corresponding invoice was attached. 16. On February 27, 2018 the player’s father acknowledged receipt of the letter from the intermediary claiming the amount at the Kuwait domicile. QUESTIONS RAISED. The exercise has TWO PARTS A) Part A. Detailed report on the status of the situation and possibilities. 1- Does the intermediary have the right to raise a claim for the amounts owed? 2- What amounts are entitled to claim and why? If someone does not have the right to complain, the reason should be explained. 3- Where should raise the claim? In what country and before what body? Study ALL possible options and explain the advantages and disadvantages of each. 4- How long would it take to claim each of the amounts? B) Part B. Concrete the claim document. The formal complaint document must be drawn up. REPRESENTATION CONTRACT The parties Achraf Hakimi with Qatari passport number RRR 56789 acting on their own behalf and as an intermediary registered by the Kuwait Football Association, with address at Al-Ghunaim Tower 78 (Doha, Qatar) (hereinafter: the intermediary ) and Karim Ben Youssef with Tunisian passport number 797967 of Tunisian nationality, professional football player currently playing the football league of Kuwait and domiciled for the purposes of this contract in the Masjid Al Aqsa Street 2, of the city of Kuwait (hereinafter : the player, or club) consent to subscribe the following representation contract: 1) SCOPE OF SERVICES The intermediary’s service will consist of: – the negotiation or renegotiation of a labor contract between the player and the club; These services can be supplemented, optionally, with legal, labor, tax, financial advice, image rights, advertising, etc.). 2) EXCLUSIVITY The parties agree that the contracting rights are transferred exclusively to the intermediary. 3) DURATION This contract will be valid for 2 years. It will come into force on December 1, 2015. 4) REMUNERATION The intermediary will receive a fee that will amount to 10% of the annual gross income due to the player as a result of work contracts negotiated or renegotiated by the intermediary, and included in the employment contract signed for this purpose, payable: – in annual payments at the end of each contract year. 5) INDEMNITY CLAUSE: In the event that the player with a current contract of representation and exclusivity, used the services of another person or did it himself, for the purpose of negotiating or renegotiating an employment contract or closing a transfer agreement between two clubs, other than the contracted intermediary, during the period of validity of said agreement, or breach of any of the agreements of this contract, an indemnification clause is established in favor of the intermediary for an amount of 2,000,000 as well as claiming the entire of the amount owed. 4 6) JURISDICTION The parties agree to submit a complaint to the jurisdiction of the association or FIFA. 7) OTHER AGREEMENTS Any of the regulations of the federations involved will apply. 8) FINAL NOTES This contract has been signed in three copies (four copies in case the player or the club belongs to a foreign federation) – and after being registered and sealed, their copies will be distributed as indicated below: 1. Tunisia football federation 2. Intermediary. 3. Player 4. Federation in which the player is registered Place and date: Doha, December 1, 2015 (duly signed)