Clifford Chance

Deal or no deal? Whatsapp, emails and the goalposts of contract formation in the context of FIFA Club World Cup Broadcasting Rights

5 September 2025

The Court of Appeal has recently delivered an important judgment in DAZN Limited v Coupang Corp. [2025] EWCA Civ 1083, reminding us that legally binding contracts can arise through informal channels such as emails and messaging platforms like WhatsApp, even where no formal contract has been signed or even circulated.

This case, which concerned the sub-licensing of the broadcasting rights of the FIFA Club World Cup in South Korea, is a reminder for both commercial and legal teams, particularly for those operating within the entertainment and sports sector, of the risks (including legal, commercial and financial) of high value deals being negotiated at pace, through informal methods of communication.

The judgment confirms that the absence of a written contract does not prevent the finding that a legally binding agreement exists if the parties’ words and conduct objectively demonstrate an intention to be bound.

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