The Suarez Clause

Clause  (klôz) n.

1. Grammar A group of words containing a subject and a predicate and forming part of a compound or complex sentence.

2. A distinct article, stipulation, or provision in a document.

[Middle English, from Old French, from Medieval Latin clausa, close of a rhetorical period, from feminine of Latin clausus, past participle of claudere, to close.]

It seems that we Arsenal supporters are all becoming legal scholars these days as we are inundated with daily stories around a reported clause in Luiz Suarez’s current Liverpool contract.  Exactly what that clause is and what it states seems to be open to interpretation depending on which side of the transfer-drama du jour you fall on.

If you are a Liverpool supporter you likely believe that the clause only entitles Suarez to be informed that an offer over £40,000,000 has come in. End of.

If you are an Arsenal supporter and a member of Arsenal’s hierarchy you likely believe that the clause is in effect a release clause and that it has been met. Now forget for a minute how Arsenal would know about the release clause (it’s not hard to figure out.) The fact remains that both Arsenal and Suarez’s representatives strongly feel that the clause has been met.

So we are at an impasse it would seem. It reminds me of the Clinton trial and the definition of the word “is” is. I won’t bore you with the lurid details of that but suffice it to say his whole impeachment defense was focused around that little word and what it really meant in the context of a sexual act. Too much.

Here we are presented on trying to define what is or isn’t a release clause.

Well, let me start by saying, I am not a legal scholar and I haven’t played one on TV. But we can all assume why clauses are included in contracts. They are included in contracts to trigger an event. Be it a payment, a penalty or say a release from one’s contract.

We’re not privy to the conversations around the negotiations related to Suarez’s contract. We don’t know exactly what the point was. But it’s clear that Suarez knew that it was likely his Champion’s League opportunities were going to dwindle as Liverpool readjusted themselves for the future. It’s likely he would negotiate into this contract some sort of way to get to play in the Champion’s League should that prospect seem unlikely with Liverpool.

I am no fan of Suarez (for proof read this). I am also under no delusion that Arsenal was his first choice. He clearly had his heart set on Real Madrid. But Madrid have their hearts set on a certain Welshman and Ancelotti and crew seem very happy with their stable of forwards. I also have no doubt that if Suarez does come to Arsenal unless they win things he will likely be off again in 2-3 years. It’s his MO.

That’s all moot. When Real Madrid didn’t come calling, Suarez wasn’t likely to sit put. He wants a chance to play in the premier tournament in Europe. Liverpool are likely still a few years away from returning to that. Arsenal need to play two games but still represent a better chance.

Therefore it’s likely that his representatives knowing Arsenal’s hunt for a forward informed the club of the stipulation in his contract thinking that the £40 million was a release clause based on whether or not a Champion’s League team came calling.

This definition of what a clause is gets further clouded by the fact that some would argue that Arsenal’s playoff in August isn’t Champion’s League but a playoff. However, those same doubters would no doubt be calling themselves a Champion’s League team if positions were reversed.

So it now comes down to definitions. Both sides are fairly confident in their positions. Suarez’s camp is incensed at what it feels are broken promises by Liverpool management. They’ve gone out of their way to insure fans know it’s not about them. Sad to say it won’t matter. Robin Van Persie with his “Statement to the fans” is a prime example that fans will still look on said player negatively.

It’s clear Suarez wants out. Liverpool aren’t in and no one else is coming in. By virture of his actions, his level of mistrust with the owners and management of Liverpool he has already made his position untenable.

I listened to an interview with Steven Gerrard the other day and I couldn’t tell if it was his scouse accent or a genuine desire to cry knowing what losing Suarez would mean to Liverpool. Let’s face it Arsenal fans we know what losing your best player means to a club. We’re lucky in that we have a manager who can help navigate through that (somewhat) and preserve even a modest amount of dignity. Liverpool aren’t so lucky as they are stuck with the managerial version of David Brent. Any man who has a large picture of himself, spouts inane wisdom that Yogi Berra would be proud of and lugs around a manifesto to every job is sketchy at best.

But I digress.

The fact remains is that this really does look like its going for the long haul. Suarez if he really wants out will have to either ask for Premier League/FA arbitration in the matter or will have to openly agitate for a move – i.e. transfer request. The only reason I see for one not being submitted yet is that they must feel strongly in the intent of the clause in the contract.

Personally, I don’t know why you put a clause in a contract if it’s only to inform someone of something. Frankly, if a bid comes in and you weren’t going to sell you wouldn’t need a clause just to inform of an event. If Liverpool thought it was and Suarez’s camp thinks otherwise than it is a poorly written clause and makes it even more likely that only legal action will resolve the issue. And even then regardless of the outcome all parties will feel aggrieved.

Like I’ve been on record as saying, I don’t  deny that Suarez is a supremely talented player but with the baggage that wants you to stay away from him. However, our ship has firmly been tied to this rock. If Arsenal don’t do this business it will be just a messy for them as it will be for Suarez in Liverpool.

I think the business gets done and everything we are hearing now is just a case of saving face by Liverpool.

Originally, we heard that he wouldn’t be sold under no circumstances. Then we heard how angry Liverpool are at Arsenal for continuing their pursuit.   Then we heard that it would take a monster bid the size of a Bale like deal. Soon I expect we’ll hear how sad Liverpool are that it has come to this. Finally, we’ll likely see acceptance of the bid. Sounds familiar? That’s because it’s the Kübler-Ross model, commonly referred to as the “five stages of grief.”

Regardless of all of that it is all going to come down to how ugly people want this to be and ultimately what the definition of the clause is.