CJIL Online 5.1

Winter

2026

There exists a number of seemingly inconsistent decisions and judgments issued by courts and sports tribunals on the topic of erroneous bank transfers as a result of hacked invoices for football transfer fees delivered through hacked email addresses. The buyer is presumed to have the burden of making correct payment and consequently is found to be in breach of its obligation to the selling club for failure to pay to the seller’s bank account. The argument presented here, which is consistent with the spirit of relevant statutes, institutional rules, and the limited case law, is that there is a clear due diligence standard demanded from seller and buyer in player transfer agreements. Both must ensure, on the basis of a best-efforts approach, that their IT systems are not susceptible to external interference, and if they have any suspicion that they have indeed been interfered with, they must alert the other party immediately. The buyer, in particular, must use alternative (personal) channels of communication with the seller where the latter alters its banking details as those are registered in FIFA’s Transfer Matching System (TMS). Where the buyer takes all appropriate due diligence measures and the seller fails to respond on time or is otherwise negligent in its IT controls, the buyer’s liability for erroneous payments is partial, if at all, since the seller is deemed to have contributed to the buyer’s breach of contract.

Terrestrial Mining historically answered global demand for minerals and metals. But, as Earth’s once-plentiful mines diminish, companies and states seek new avenues to meet the world’s ever-increasing resource demand. Instead of down, scientists are now looking up at the stars, to Space Mining, which entails resource extraction from celestial bodies. It is not yet economically feasible, but strides are slowly being made in turning this futuristic industry into a reality. Currently, Space Mining has limited regulation, creating the potential for conflict over space’s valuable resources. Therefore, the international community should begin preparing for the industry’s eventual rise by creating a regulatory and dispute resolution framework. This comment will advocate for incorporating the regulatory and dispute resolution regimes of Deep-Sea Mining in the space context. The two main modes are (1) an industrial regulator akin to the “International Seabed Authority” and (2) an International Arbitration Panel dedicated to handling Space Mining disputes like the “Seabed Disputes Chamber.” These frameworks can properly monitor potential externalities while still providing incentives to encourage discovery.