NEW Shamrock Rovers Ltd failed in the High Court yesterday to obtain an order to prevent one of its former players challenging the decision of an arbitrator.
The challenge is being taken by professional soccer player Paul Osam, who is presently playing with St Patrick's Athletic.
The arbitrator, Mr David Andrews SC, gave a determination dated last June 1st concerning the termination of legal relations between the parties, which arose on foot of a contract originally made on June 1st, 1993.
Mr Osam claims the arbitrator purported to set off a claim for wages against a claim that might be made by Shamrock Rovers against any other club which was not a party to the arbitration.
Mr Ciaran O'Mara, solicitor for New Shamrock Rovers Ltd, said in an affidavit that in proceedings last year Mr Osam obtained an interim injunction against the FAI, restraining it from holding a hearing.
It was agreed that the issues be decided by an independent tribunal. New Shamrock Rovers complied with the arbitrator's determination.
Mr Maurice Lyons, solicitor for Mr Osam, said in an affidavit that his client signed for Shamrock Rovers in June 1993 for one year. The fundamental issue in the case was whether the club retained compensation rights at the expiry of Mr Osam's contract.