WWL Thought Leaders Sports 2022 by lbresearch

THOUGHT LEADERS

Sports 2022

Interviews with the pinnacle of the profession

Read interviews with the world’s leading lawyers and experts.

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 Who’s Who Legal

THOUGHT LEADERS

Contents

Introduction I am delighted to present WWL Thought Leaders: Sports 2022, which brings together for the insight, expertise and wisdom of some of the world’s foremost 14 lawyers and experts in a single book. Through thousands of votes and nominations in the course of our research, the market has identified that the practitioners in the following pages are among the very best in the world in their field, without exception. Who’s Who Legal has been researching legal markets since 1996 and now covers 35 practice areas and over 150 countries. Entry into our guides is, of itself, no easy feat, with fewer than half of those nominated obtaining a listing. The In total, only one in every five individbar to be considered a thought

Nilo Aguillar Effori

Steven Bainbridge

Michele Bernasconi

Marc Cavaliero

Martin Cockburn

Horacio Gonzalez-Mullin

Paul J Green

leader for Sports is even higher: Sports 2021 were invited to take part only those listed lawyers who obtained the highest number of in WWL Thought Leaders: Sports 2022 nominations from peers, corporate counsel and other market sources in our most recent research cycle were considered. In total, only one in every five individuals considered for inclusion in WWL: Sports 2021 were invited to take part in WWL Thought Leaders: Sports 2022. Through interviews with the practitioners themselves, WWL Thought Leaders: Sports aims to shine a light on what puts these practitioners at the apogee of the global sports market. They are worthy of special mention owing not only to their expertise and experience advising on some of the world’s most significant and cutting-edge matters, but also their ability to innovate and inspire. Their experience and understanding of the legal world and their unique insights into the area will no doubt be illuminating and instructive to a wide spectrum of readers, whether clients, corporate counsel, established practitioners, those starting out in the law, or anyone with an interest in the practice of law at the very highest level. This edition of WWL Thought Leaders: Sports features Q&As with 14 practitioners with hundreds of years of combined experience in the field between them. I would like to thank the participants who gave us their valuable time to answer our questions and make the book possible. It is rare to have so much sports expertise concentrated in one place and we hope you will agree that their responses make fascinating reading.

Jorge Ibarrola

Jan Kleiner

Despina Mavromati

Daniel Muñoz

Antonio Quintero Rodriguez

Claude Ramoni

David Wu

Directory

uals considered for inclusion in WWL:

Avni Patel Head of research, Who’s Who Legal April 2022

Head of research Avni Patel avni.patel@whoswholegal.com Head of research: US Penelope Williams Deputy head of research Charlotte Riley Research analysts Conor Manders, Ammara Saleem, Alex Bottomley, Tabia Lui, Olivia Harrison, Diana Diaz Valdes Teran, Olivia Pilling, Kirsty Carvalho Content production manager Robert Harris

Senior production editors Katie Adams, Harry Turner, William Holt

Sales development representative Kiteria Yiu

Production editor Ellen Desmond

Customer service executive Harry Marloe

Head of business development Adam Landes

Sales and admin assistant Samantha Wong

Senior account manager Frank Green

Head of analytics Rupert Wilson

Account managers Nick Townsend, Ben Davis,, Bilikis Olowolekomoh, Sam Limbu, Leon Hartley, Hadassah Maitaram

Publisher Tom Barnes

Nilo Aguillar Effori

Effori Sports Law London www.efforisl.com

nilo@efforisl.com Tel: +44 7860 600 222

Biography Nilo specialises in international sports disputes and contractual matters. With more than 16 years of experience in this field, he has advised clubs, athletes, agents, intermediaries and international sports federations and has successfully represented his clients in disciplinary, regulatory, contractual and doping disputes mainly in proceedings before the Court of Arbitration for Sport. Nilo is also an arbitrator at the International Panel of Sports Resolutions UK.

Sports

What types of matters have you been advising clients on in the past year?

Regulatory proceedings never stop. Our firm has been very active, especially in football. An interesting case was a football association breaching its own rules, so we managed to overturn such action in favour of a football club.

How has the sports market evolved since you first started practising?

It was unthinkable when we started practising sports law that esport and regulation of NFTs would play such an important role nowadays. It’s is practically impossible not to add a commercial vision to sports law in order to understand where the world of sports is moving to.

What do you enjoy most about working for clients in a diverse range of sports? What challenges does this pose?

I think not only drafting contracts or claims but helping them to structure a deal with a commercial view is very important.

What motivated you to start your own firm?

important part. Having a boutique firm specialised only in sports law allows you to avoid some bureaucracy and be faster and more efficient.

Are you noticing an increasing politicisation in sports? If so, how is Effori Sports Law navigating the challenges surrounding this?

Sports and politics walks together. There is no problem with that as long the principle of fairness and respect to the rules are followed, when sometimes personal interests take over and this is where we as lawyers must safeguard such principles.

How has your role as an arbitrator help with your people skills? What advice would you give to up-and-coming sports lawyers? It helps to see the cases from many different perspectives. For the upcoming ones, don’t give up. It’s a small phrase but you can make it through with hard work.

What is the best piece of advice you’ve ever received? You’ve got to be persistent.

I still do believe that a special personal relationship with a client is the most

WWL says: Nilo Aguillar Effori has an “excellent” knowledge of sports law and is “very experienced in representing clients before the Court of Arbitration for Sports (CAS)”. whoswholegal.com/thought-leaders

Steven Bainbridge

Squire Patton Boggs (MEA) LLP Dubai www.squirepattonboggs.com

steve.bainbridge@squirepb.com Tel: +971 4 447 8737

Biography Steve heads the Middle East Sports & Entertainment practice of Squire Patton Boggs LLP and advises clients on a wide array of transactions underpinning the sports sector, from governance issues to athlete endorsement agreements, antiambush marketing strategies, player contracts, broadcasting, merchandising and licensing agreements, disciplinary issues and various event and venuerelated arrangements on matters spanning motorsports, triathlons, MMA, cycling, golf, tennis, cricket, rugby and football, amongst others.

Sports

What do you enjoy most about practising sports law?

It is terrific to work with a diverse range of issues in a rapidly growing sector that is fundamentally tied to the passion and pursuit of sports and the interesting clients working in this space. After more than two decades of practice, I still love coming in to the office each day!

What has been the most interesting case you have worked on?

That is a very interesting question and one that defies a clear answer. There have been many cases of great interest – that is one of the factors that makes sports law such an interesting niche practice area. There is a certain satisfaction that goes with helping a client work through the strategy and negotiating process of a long-term, high-value commercial agreement such as a stadium-naming rights deal or a major sponsorship but the technical demands of something as esoteric as an anti-doping hearing can also be very compelling.

How have the needs and priorities of clients changed since you began practising? How do you think they could change in the future?

Over the past decade or so – particularly in respect of practice in the Gulf region – the biggest development has been the scale and ambition of projects and events hosted in the sports sector. This has led to a parallel increase in the requirement for specialist advice. Both the scale and volume of dynamics requiring sports law advice have grown and the requirements for us to keep on top of developments and meet (and, sometimes, hopefully set) best practices will continue into the future.

What are the key qualities that large sporting institutions like FIFA and F1 need from their sports counsel? Well, part of what I find interesting is that every client is different and has specific needs, in deference to confidentiality obligations, I will speak in generic terms only. We can perhaps anticipate some of the required legal qualities based on a client entity’s nature, function, its historical activities and development plans, its scope of resources, etc. For example, an international governing body with a sophisticated in-house legal team, a mature and diversified IP portfolio, a broad range of annual or periodic calendar of events will often require multi-jurisdictional advice over a spectrum of traditional legal disciplines in addition to sports-specific advice. Understanding the client and their particular sport (including the regulatory framework, the network of commercial relationships and processes that drive it) helps in being able to identify the specific legal issues and to coordinate the application of appropriate resources to address those issues in an effective and timely manner. Being able to do that consistently and ethically from a coordinated platform is at the core of delivering effective legal service.

identification, etc. This puts significant demands on sports lawyers, as we need to adapt and continually develop our own skill sets. For example, the requirements of a client managing an esports team will differ from those of a client operating a motorsports venue; and, in order to service both, it is our job to understand the needs of each and to develop the capabilities to handle both (as well as many others).

How does your experience of practising in different regions like the Far East and North America enhance your practice?

On both a personal and professional level I have always seen travel and crosscultural awareness as a powerful force for learning. In a basic legal sense, exposure to different commercial approaches and corporate dynamics in negotiating and drafting contracts has informed my ability to support clients. In a broader sense, the ability to interact with colleagues and mentors from different jurisdictions and backgrounds has been – and remains – fundamental to my professional development.

In what ways does Squire Patton Boggs distinguish itself from competitors in the sports What are the key trends are law market? you noticing in the sports legal There are many excellent law firms and market and in sports law in individual practitioners operating in the general? sports sector. Squire Patton Boggs has a Increased specialisation and sophistication. While these changes are by no means uniform, I do see this trend in a number of areas including in terms of client commercial engagement (be that through developing their own capabilities or contracting with specialist external services providers), better use of technology, greater understanding of governance issues and risk

whoswholegal.com/thought-leaders

truly global sports practice. The ability to use that platform in an integrated manner is a very powerful tool. For me to be able to draw on a formidable range of highly skilled lawyers with experience at the highest levels of professional and amateur sports (which typically requires IP, media, dispute resolution skills) as well as in key related practices (such as investigations,

finance, construction) is fundamental. By way of example, one recent project here in the UAE required us to advise a governing body in developing a certain regulatory strategy. The issues were complex but our depth allowed me to draw on our sports experience from offices in Japan, Australia, Germany, the US and the UK to tailor a unique solution. As the Gulf region

diversifies its sports and entertainment portfolio, I see the integrated and focused delivery of global resources with local legal knowledge as being increasingly critical.

How do you think sports law practice will change in the next five years?

rapid growth and development across the sports sector in the Middle East and the requirements for sports lawyers to keep up with increased sophistication and specialisation will continue. I see more major and minor events being added to a dynamic and diversifying Middle East sporting calendar.

As noted above, I believe we are in an age of

WWL says: Steven Bainbridge is a “diligent and accurate” lawyer with “superb attention to detail”. One source remarks: “He is a true heavyweight and is never surprised by what comes up, legally or commercially.” 6

Sports

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Michele Bernasconi

Bär & Karrer

Zurich www.baerkarrer.ch michele.bernasconi@baerkarrer.ch Tel: +41 58 261 5000

Biography Michele (Michael) Bernasconi is a partner at the leading Swiss firm Bär & Karrer, where he heads the sports, media, technology and entertainment practice. In addition to advising domestic and international clients on a wide range of sports, media, energy, telecom and IT matters, he has been involved in numerous commercial arbitration matters and is considered one of the most experienced arbitrators at the Court of Arbitration for Sport. He is co-director of the UEFA Football Law Programme and president of the Swiss Association for Sports Law. He teaches at the University of Lucerne, Switzerland.

Sports

What did you find most challenging about becoming a sports lawyer?

Let us start by saying that “Sports law does not exist”… Of course, it is a bit of a provocation, but it is true that a sports lawyer will inevitably face legal issues that cover a wide range of practice areas. Yes, there are sports-specific legal topics, like doping, but a sports law matter can involve almost anything, including contract law, constitutional rights, media and criminal law. Since legal practice nowadays is very much based on the strength of specialists, the challenge of a sports lawyer is to stand out by his or her talent in delivering topquality advice notwithstanding the multiple and different legal issues that he or she will face. This is, however, not only a huge challenge, but also the great gift: everyday is a new day, every case is a different case.

What do clients look for in an effective sports arbitrator?

At least two things: first, a deep knowledge of the sports industry and its rules – written and unwritten. Second, a real understanding of the matter at stake. It is often difficult in a sports-related legal dispute to identify the core issue(s) – in a commercial matter, a party will normally claim a certain amount of money or the performance of a certain agreement, whereas in sports matters there are several kinds of disputes. You may have to establish whether financial fairplay rules have been complied with, or whether a certain behaviour shall be sanctioned, for example, for doping or match fixing. I believe that sports law arbitration is quite unique in this regard.

relationships. And so, existing or “old” relationships and connections have proven to be of crucial importance. At the same time, online meetings, classes, webinars, etc., have been useful, at least to some extent. A commercial arbitrator once told me that it was for him quite shocking to see how warm the relations were between sports lawyers. And indeed I think that all over the world, members of the sports law community cannot wait to be able to reconnect in person.

What common disputes have y ou noticed y our clients encountering over the past year, and what steps would you recommend mitigating the risk of their occurrence?

Not surprisingly, the pandemic triggered several contractual disputes in respect of media rights, employment matters and investments in sports infrastructure or events. Many sports-related contractual relationships have been in one way or another impacted by the pandemic. The lesson to learn is obviously to dedicate more attention when drafting contracts or rules and regulations to addressing so-called “extraordinary circumstances” or “force majeure”, because sometimes … the unexpected happens.

What underrated skills would you encourage the next generation of lawyers to develop?

Without any doubt, language skills. Sports law has always been a practice with particularly strong international links. And besides legal skills, the ability to communicate effectively is certainly key for the success of a sports lawyer.

department has had the privilege to work with very demanding, but also very highquality clients within the sport sector. Today, I truly enjoy working with all the members of our team. Working in a team is not only necessary but is also a blessing: only a strong team can aim to achieve the “magic mix” of success and satisfaction.

You have been co-director of the UEFA Football Law Programme, the “UEFA FLP” for many years. Have you found this to be a rewarding experience?

Yes, extremely rewarding. In all the editions of the UEFA FLP we were lucky to always have an incredibly talented group of students doing a fantastic job. Together with Angelo Rigopoulos – the UEFA managing director of Integrity and Regulatory who is not only the co-director of the UEFA FLP but also an incredibly nice person to work with and a source of interminable energy – we just started a new edition and again my belief was confirmed: in order to achieve positive, respectful and sustainable development of football globally, we must increase cooperation among stakeholders. Improving the juridical knowledge of such stakeholders is a crucial step in that direction. The UEFA Academy team is a fantastic group and they are absolutely top in organising academic programs and courses. For me, it is simply beautiful to share football law knowledge with people coming from all over Europe and from football federations, football clubs, law firms, players’ unions and other key participants.

How has the coronavirus pandemic and the shift to online working affected sport law- What makes Bär & Karrer stand yers’ networking and learning out from the competition in this opportunities? field? Without any doubt, it has been more difficult to meet new people and build new

I believe that a law firm benefits very much from having great clients. Our sports

Peers and clients say: “ M i c h e le i s a v e r y w e l l - k n ow n s p o r ts p r a c t i t i o n e r ” “He is highly active as an arbitrator and has a very strong sports practice” whoswholegal.com/thought-leaders

Marc Cavaliero

Cavaliero & Associates

Geneva www.cavaliero-associates.com mc@cavaliero-associates.com Tel: +41 79 276 19 04

Biography Marc Cavaliero is a Swisstrained attorney-at-law and founding partner at Cavaliero and Associates, a Swiss boutique law firm specialising in sports, media and entertainment law. Before founding Cavaliero and Associates, Marc was a founding partner at Kleiner & Cavaliero. Previously, Marc worked within the legal affairs division of FIFA for almost 10 years as head of the disciplinary department and previously as senior group leader within the players’ status department. Marc is a member of the UCI Ethics Committee.

Sports

Which came first: an interest in law or an interest in sport?

As much as I am interested in law, interest in sport came during childhood. My interest in law occurred only after at a more mature age (as long as one considers that a 19 year old is mature…). What is clear was that combining sport and law could only be a magical recipe.

What did you find most challenging about entering the sports industry?

I entered this industry in 2008/2009, a world ago. There was not as much competition as there is now. Furthermore I was extremely lucky to have been supported by eminent individuals, who had already played an important role in shaping the sports law world. These people will recognise themselves and I will be eternally grateful to them. That said, alike in sport, it is more difficult to last and be recognised by one’s peers than to simply enter the industry.

How have client demands and priorities changed since you first began practising?

various roles. In that capacity, I could already observe that the expectations from the stakeholders or external counsel grew exponentially. This is only normal and it helped FIFA get better and implement strong governance. I returned to private practice five years ago. Demands and priorities have not dramatically changed (although the global pandemic was painful for everyone of us). The responsibility and the expectations towards the external counsel was and remains very high. And I understand that.

What professional challenges are you expecting to encounter over the next few years, and how do you expect to navigate them?

A fast-moving world requires every individual to remain curious. Even more importantly, one shall always question oneself and avoid being too comfortable. So, as a first step to face challenges of whatever kind, I will continue to be open-minded and listen to others’ ideas and opinions to remain “on the ball” and go on with my professional and personal development.

What has been the most signifi- You have enjoyed a distincant development in sports law guished career so far – what since you started practising? else would you like to achieve? We are extremely lucky to evolve in the sports law world, as it constantly changes, improves and brings new challenges and features. This is the best part of sports law. If I had to name one, I would refer to the reform processes undertaken by numerous federations to implement strong good-governance principles, reduce the potential conflict of interests and the creation of independent judicial bodies with significant resources.

I spent my 10 ten years in this industry within the FIFA Legal Affairs Division in

I am not someone who looks into the rearview mirror or is simply satisfied by the achievements that have occurred in the past. I do not necessarily want to achieve something different or new. Nevertheless, I would like to ensure that the firm and its individuals be recognised for its work, its efforts and its integrity. In other words, it is important for me that we continue to be seen as strong individuals, who take the lawyer’s oath with seriousness and are simultaneously responsive, positive, transparent, trustworthy and amenable.

Peers and clients say: “Marc knows the priorities of my organisation and is able to balance legal expertise with practical advice” “He is a true expert in the field of sports law” “He has a wealth of knowledge on CAS matters”

whoswholegal.com/thought-leaders

Martin Cockburn

MCA Sports Law LLP Doha mcasportslaw.com

mc@mcasportslaw.com Tel: +974 3325 3035

Biography Martin Cockburn is a Germantrained attorney-at-law and founding partner at MCA Sports Law LLP, a Qatar-based, boutique law firm specialising in sports law. Simultaneously, Martin since 2009 has been working in the legal department of the Qatar Football Association. Moreover, Martin held various roles in local organising committees pertaining, inter alia, to the AFC Asian Cup Qatar 2011TM and the AFC U-23 Championship Qatar 2016TM. In addition, Martin advises sport federations/leagues as a member of various committees/task force groups.

Sports

What motivated you to set up your What do clients look for in an effecown firm? tive sports law specialist? Since 2009, we have been heavily involved in the representation of clients in dispute cases at FIFA, the AFC, UEFA and the Court of Arbitration for Sport. Moreover, we have been consulting and advising clients in important transfer activities, aspects of employment, governance-related matters, etc. Hence, and in light of increased client demand, it seemed a logical next step to enter private practice on a broader scale. Eventually, in 2018 I opened MCA Sports Law LLP (MCA) with my partners Ettore Mazzilli and Konstantinos Antoniou. Having our offices in Doha/Qatar turned out to be an ideal platform for our services in the Middle East, Europe and Asia.

How has your role at Qatar Football Association (QFA) enhanced your practice in dealing with highprofile negotiations in the transfer and employment of players between leagues?

I would like to take this opportunity to express sincere gratitude to the QFA and its support in the process of establishing MCA. The possibility to have an in-house role in an important sports federation as well as to perform services in private practice constitutes a huge privilege. In fact, these two roles complement each other in various ways. One of them relates to (international) transfers and employment-related matters. Particularly, my vast experience in drafting regulations as well as the profound understanding of administrative elements pertaining to transfers serve as fundamental tools for overcoming complex challenges in contract negotiations. In fact, clients on several occasions and in the heat of negotiations on the substance tend to overlook administrative aspects, which are of equal importance for the successful completion of international transfer activities in compliance with the rules and regulations of football governing bodies.

Like in other fields of law, client expectation demands to find solutions pertaining to legal challenges – preferentially quick, cost-efficient and protective. Insofar, a comprehensive expertise of applicable sporting rules and related jurisprudence is indispensable. Besides the obvious though, I would like to highlight that clients regularly expect “one stop services”. Clients want one law firm as a focal point. However, sporting matters are frequently of international dimension. Dealing with particular questions though, such as data-protection or tax-related matters in an international context, require specific expertise. Therefore, and in order to correspond to client expectations, it has become of utmost importance to have a reliable and functioning network of experts – in various jurisdictions worldwide – at your disposal.

How has MCA Sports Law LLP been adapting to the increased scrutiny of corporate governance in sports organisations?

Governance in sports organisations covers a variety of subject matters and, inter alia, pertains to aspects of transparency, integrity and accountability. Generally, the more advanced a sport federation’s regulatory framework, the more likely it is to reach the target of good governance. Three core pillars to achieve such results are education, the adoption of adequate rules and regulations as well as the establishment of a mechanism ensuring adherence with the desired principles. On those grounds, MCA, in partnership with our clients, is addressing aspects of good governance in a continuous process and on the basis of the aforesaid pillars.

How has your extensive experience in sports law across various cultures help you understand the cultural differences in client expectations? Working in various parts of the world and in a truly international environment has been a huge privilege.

Experiencing stakeholders in different cultures with different approaches and challenges as well as acting in different realities has, certainly, sharpened my understanding of client expectations and needs. Solutions that fit in one part of the globe may not necessarily work in another. Such a realisation is fundamental and serves as a huge asset for avoiding misunderstandings between the parties concerned, deal-breaking scenarios as well as for assisting clients in the best possible way.

What is your most memorable case to date?

Due to their significance, I would have to name two cases. The first was an ethics matter against a leading individual of a sports federation. A negative outcome would have likely resulted in the career end of the accused as a sporting official. However, together with a team of lawyers we could fully overturn a decision of the FIFA Adjudicatory Chamber in front of the FIFA Appeals Committee at that time. Thereby, we contributed to the continuation of a hugely successful and impactful career in sports. The second case pertains to accusations related to the alleged ineligibility of a fielded national team player. De facto, the dispute constituted a threat to the concerned association’s title as confederation champion. However, having three instances dismissing all unfounded allegations, the sporting merits won on the pitch could be successfully defended off the pitch. Said case truly reflects the magnitude disputes in sports can have.

What are your firm’s main priorities over the next two years? MCA’s focus over the upcoming period will be on healthy growth without compromising the quality of our working product. In terms of markets, we see considerable growth potential in the Middle East as well as Asia. Obviously, Europe has always and will always continue to be an important region in which we provide services.

What is the best piece of advice you’ve ever received? Learning is ageless. Never stop doing so.

Peers and clients say: “He displays a great level of preparation and excellent attention to detail” “Martin prepared the matter to the fullest extent both on factual and on legal issues” “He has very strong oral skills in cross-examination and pleadings” whoswholegal.com/thought-leaders

Horacio González Mullin

González Mullin, Kasprzyk & Asociados Montevideo - Uruguay www.gmk.com.uy

hgmullin@gmk.com.uy Tel: +598 94350008 / +598 29164771

Biography Horacio González Mullin is a partner at the law firm González Mullin, Kasprzyk & Asociados. A graduate of the University of the Republic, he has practised as attorney at law and notary since 1989. He advises on civil, commercial and labour law and has particular expertise in sports law, acting for both national and international clients, having participated in several leading cases. Currently, he is the vice president of the executive committee of the AIAF.

Sports

What motivated you to specialise in sports law?

As I always say, I was lucky. In 2005, our law firm was hired by one of the most important football clubs in Uruguay, in order to advise it in a conflict with two players. That was my first contact with sports law, with FIFA and CAS. After that, I didn’t need too much to motivate myself; sport law is the perfect mixture between my profession and my passion. At the same time, what I enjoy most about working in this area is that usually we have to litigate in international courts. That means that we can meet many people from different parts of the world. We have made many friends from different countries in the past 16 years.

What qualities make for an effective sports lawyer?

As I always say, a sport lawyer is first a lawyer and then a sport lawyer. So one of the qualities that makes for an effective sport lawyer is to know very well the other areas of the law; especially labour, civil and commercial law, and in some cases criminal law; all those areas and probably more, you will have to apply if you practise sports law. Another important quality is that you need to be permanently update, because the regulations in sport and the jurisprudence of the different courts are very dynamic and are constantly changing.

This allowed the player to play the semi-final match of the Copa Conmebol Sudamericana seven days after he was notified about the adverse analytical finding. Probably, we are facing a leading case, since we do not know in South America another case where an athlete with an adverse analytical finding with an unspecifiedsubstance has not been provisionally suspended.

What are the main challenges currently facing the sports sector clients in Latin America?

For the clients that work in the sport sector, their main challenges are specially the professionalisation of their different activities. Regarding the legal advice, it is not enough to hire a common lawyer; you should hire a sport lawyer. If you have a criminal problem you have to hire a lawyer specialising in criminal law; the same happens with commercial, labour or civil issues. In sport it is no different; usually the big problems that some sport secor clients have are because they didn’t receive proper advice. On the other hand, for the lawyers that work with clients in the sport sector, the main challenge is to specialise in sport law, to continue studying and stay up to date.

If you could introduce one reform in international sports arbitration, what would it be and why? In my opinion, one of the most important reforms that needs to happen in international sports arbitration, at least in the Court of Arbitration for Sport, are the arbitration costs; they are so expensive that, in several cases, we are facing a real denial of justice because athletes or clubs cannot appeal before CAS because of their costs. On the one hand, the regulations of the different sport federations oblige appeals to the CAS; but on the other hand, for most of the athletes and clubs those appeals are impossible, due to the high costs that they have to pay. Therefore, we have to give a solution or a different alternative for those that want to appeal, but can’t afford the costs. Regarding reforms in football law, I would introduce at least two reforms. One of them relates to the TPO; I agree that we have to ban TPI (article18bis RSTP) but with some limits. However, I’m against banning TPO (article18ter RSTP); we have to regulate but not ban them. The other reform that I would introduce in football law relates to the transfer system of minors. We must find a balanced system that protects the real interests of all the minors (without privileging European minors) but also protects the interests of the training clubs.

How, and in what ways, are technological developments most affecting your practice What have been the highlights and your clients’ needs? of your practice over the past They are affecting our practice in a positive Where, in your opinion, does year? way. The new apps for video conferences the future of your practice lie? Fortunately, our practice had many highlights over the past year that included cases before FIFA and CAS, advice on player contracts, etc. However, one of the most important highlights we had was a doping case that has not ended yet. In this case, we have managed to ensure that the Disciplinary Anti-Doping Commission didn’t provisionally suspend the athlete, because we proved that the adverse analytical finding with an unspecified substance had been by virtue of the ingestion of contaminated meat.

such as Zoom, Webex Meeting, Google Meet, etc., that we have known since 2020 because of the pandemic, allow us to telework, to meet our clients virtually, to be present at a hearing in the other side of the world, to participate in courses, seminars and congresses without travelling, without risks and without costs. Of course, I prefer face-to-face meetings because it is the way to get to know people; but there is no doubt that the new technological developments are here to stay.

whoswholegal.com/thought-leaders

I am not sure, but in some years, I’d like to be a CAS arbitrator. Three years ago, some international organisations offered methe role of arbitrator, but I did not accept because I love being a lawyer and litigating before the CAS and other jurisdictions. Of course, I will continue with the seminars and congresses, sports law courses and working with my lovely AIAF from the place where its members decide.

You have enjoyed a very distinguished career so far. What would you like to achieve that you have not yet accomplished? I am so grateful to God and to life for what I have accomplished until today. In the future, I would like to continue helping clients (athletes, coaches, clubs, agents,

investors, federations, etc.), helping to create jurisprudence and participating in leading cases as I have several times. I would also like to continue helping new lawyers, and transmit all my experiences and meet more and more friends. I don´t think I need more than this. However, what I would like to achieve is to have a sport

law firm, with specialist lawyers who can continue with what I started once I am gone. Currently, there are three excellent lawyers working with me (Noelia Panus, Belen Fernández and Mateo Liguori), and I hope, in the future, that they will continue what I started 17 years ago.

WWL says: Horacio González Mullin is distinguished as “one of the best in the world” for sports law. Sources note he is “a great teacher, a fierce lawyer and has been involved in several landmark cases in the CAS”. 16

Sports

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Paul J Greene

Global Sports Advocates

Portland https://globalsportsadvocates.com pgreene@globalsportsadvocates.com Tel: +1 207 747 5899

Biography Paul J Greene, the founder of Global Sports Advocates, is recognised as one of the world’s leading sports lawyers. Paul handles sports law matters around the world, including hearings before the Court of Arbitration for Sport in Lausanne, Switzerland – the “Supreme Court for sports law”. Paul has represented athletes from more than 50 countries and more than 50 different sports. He is best known for his successful advocacy on behalf of athletes in high-profile matters.

Sports

How has your role as a sports lawyer changed since you first started practising?

My role as a sports lawyer has expanded since I first started practising. While the core of my legal practice is still advocacy, I now regularly provide policy advice to clients on best practices with an eye toward creating a more equitable and well-governed sports industry. I also teach sports law courses in various academic settings both in the US and abroad.

On which types of matters have clients sought your advice in the past year?

In the past year, sports industry clients have sought my advice on anti-doping matters, contract matters, right of publicity (name, image and likeness) matters, NCAA and Olympic eligibility matters, SafeSport matters, sports governance/policy matters, team selection matters, code of conduct matters and sports injury matters.

The National Collegiate Athletic Association (NCAA) has recently amended its rules allowing college athletes to monetise their name, image and likeness. What can you tell us about this rule change and its implications? As of 1 July 2021, US college athletes can be sponsored and receive payment without jeopardising their NCAA eligibility. US college athletes can now appear at autograph shows, promote products, make personal appearances, and monetise their social media accounts. This development is a seismic change to the collegiate sports landscape in the US and the full scope of its implications may not be understood for years to come.

To what extent has the new 2021 World Anti-Doping Code’s approach towards “substances of abuse” affected the work you are receiving in this area?

The newly enacted “substances of abuse” category permits a sanction as low as one month for an athlete who uses cocaine, marijuana, ecstasy or heroin. This is a significant change to the anti-doping sanctioning regime, particularly for the use of cocaine, which previously mandated a minimum 12-month ban for intentional use. This new approach has greatly affected the anti-doping cases I have handled involving cocaine and marijuana in 2021, since the focus has rightly shifted toward providing the athlete with needed rehabilitation resources rather than a punitive approach that focused on punishment even though cocaine and marijuana do not provide any performance enhancing benefit. I would like to see WADA go further and remove these substances, particularly marijuana, from the list of banned substances altogether. The UFC and all US professional sports leagues have already taken this step.

An increasingly hot topic in the anti-doping space is food contamination. What impact is this trend having on sports practice? Testing labs today can detect banned substances present in the body in “picogram” (a trillionth of a gram) amounts that are so incredibly low they could never have any impact on athletic performance. Since environmental contaminants regularly make their way into the body at these low levels, the proper approach to food contamination has become a hotly debated issue in the anti-doping space. Food contamination cases are exceedingly

difficult since athletes must prove that food or water consumed months ago was the source of the banned substance, which can be nearly impossible to do. As a response, thresholds are now being adopted for many banned substances, like the growth promoting hormones used on beef cattle. This is a sensible policy change by antidoping regulators that acknowledges there are limits to a zero-tolerance system that can ensnare innocent athletes and wrongly sanction them.

How has covid-19 and the global vaccine rollout impacted the sports industry? Covid-19 and the global vaccine rollout has massively impacted the sports industry over the past two years. As we head into 2022, many fans are required to show proof of vaccine before being permitted to attend games. Players are also required to be vaccinated in many settings. Let’s hope that 2022 leads to a return to normalcy.

What advice would you give to someone looking to set up their own firm? I would advise anyone looking to set up their own firm to focus on (1) creating genuine relationships with their clients and (2) providing the best possible representation for each client. This is a worthy foundation for any law firm.

You have enjoyed a very distinguished career so far. What would you like to achieve that you have not yet accomplished?

To date, I have represented athletes in more than 50 countries. I would like to grow this number in the years ahead. Hopefully, one day soon I can say I have represented athletes in more than 100 countries.

Peers and clients say: “He is one of the best in the country” “Paul provides firm but fair written and oral advocacy, and is very easy to work with” whoswholegal.com/thought-leaders

Jorge Ibarrola

Libra Law

Lausanne www.libra-law.ch ibarrola@libra-law.ch Tel: +41 21 601 81 25

Biography Jorge Ibarrola is a Swiss qualified lawyer (Lic.jur. Lausanne and LLM McGill) and an accredited mediator (CEDR & IMEDEP). Counsel for the Court of Arbitration for Sport (CAS) from 2003 to 2007, he founded his practice in 2007. Jorge advises and represents sports clients worldwide, in English, French and Spanish, before IF’s bodies, the CAS and Swiss courts. Jorge chairs the ITTF Tribunal, the Swiss Basketball Disciplinary Chamber and the Vaud Bar Sports Law Commission.

Sports

What motivated you to pursue a career in sports law?

It was the perfect way to combine my passions for sports and law. For many years, until 2003, I acted as ad hoc clerk in CAS arbitral proceedings, in parallel to other activities in different areas of law. In 2003, I was hired by the CAS to help cope with the increase of cases due to the adoption by FIFA of the CAS jurisdiction. I learned a lot during four years and a half as a counsel for CAS. This experience helped when I created my own law firm in June 2007. In other terms, I have happily practiced sports law almost exclusively for the past 20 years.

What do clients look for when selecting a sports lawyer?

It depends obviously on the area for which the client seeks a sports lawyer. Cases and regulations have become more and more complex over the past 20 years. Legal counsels tend to specialise no longer only in “sports law”, but more specifically in doping, contractual, governance, disciplinary, ethics law, etc. to be able to provide the required high-level quality legal advice. It also depends on whether there is a dispute or not. In litigation before sports judicial bodies or before arbitration bodies (CAS, BAT, other), the client will need a counsel with significant experience in judicial activities with a strong knowledge of the judicial procedures.

How do you establish a detailed understanding of a client’s business to advise them effectively? It is important to know the history of individual and institutional clients, and all the

applicable regulations (statutes, governance, ethics, disciplinary rules). A lawyer also needs to understand the objectives and plans of the client for the short, mid and long term, and have very fluent communication with him.

stakeholders of the sports community, as well as with judicial authorities. We have also developed the required experience and organisation to be able to respond promptly to our clients’ requests. Competence, experience, availability and agility are of the essence.

What regulatory challenges are sports clients currently Looking back over your career, encountering, and how are you what has been your proudest navigating them? achievement? During the past years, International sports federations have been facing significant issues relating to the adaptation of their rules in order to cope with the difficulties resulting from the pandemic. Currently, many international federations, national federations, athletes and clubs must handle concerns relating to the participation of Russian athletes, clubs and other institutions in competitions during the war in Ukraine. To respond to our clients’ needs, notably those having their seat in Switzerland, we provide advice in relation not only to sports law in general, but also to Swiss civil laws: association law, commercial law, banking law, governance law, criminal law, etc.

How do you see your practice developing over the next five years?

Having the president of the Thai Football Federation acquitted by the CAS of unfounded accusations after almost five years of proceedings before the FIFA Ethics Committee and before the CAS.

What advice would you give to younger practitioners hoping to one day be in your position?

Seek a mentor. I was truly lucky to have the opportunity to work for four years as counsel for the CAS. Other practitioners gained experience working for FIFA, the IOC, WADA or other sports organisations or law firms. This provides the indispensable experience to build one’s credibility in order to acquire and develop a clientship in the short and long term.

Disputes have become more and more complex, requiring the recourse to highly qualified and experienced legal assistance. Our experience in the past years shows that we need to be prepared to adjust very swiftly, depending on the circumstances, the kind of services we provide to our clients and the way we do it. We are now perfectly equipped to communicate remotely with our clients and with other

WWL says: Jorge Ibarrola receives plaudits for his “vast experience in football matters before the CAS”. His “great knowledge of the CAS” makes him “very well-known and strong in the market”. whoswholegal.com/thought-leaders

Jan Kleiner

Bär & Karrer

Zurich www.baerkarrer.ch jan.kleiner@baerkarrer.ch Tel: +41 58 261 53 84

Biography Jan Kleiner co-heads the sport, media and entertainment practice group of Bär & Karrer. His practice covers contentious and noncontentious matters in the fields of sports law as well as media, entertainment and data protection law. Jan Kleiner holds a doctorate in sports law from the University of Zurich, he was previously a legal counsel in an international sports federation and a partner in a law firm specialised in sports, media and entertainment law.

Sports

On which types of matters have clients sought your advice in the past year?

We have been very active in proceedings before the Court of Arbitration for Sport, mostly in regulatory/disciplinary disputes, transfer-related matters or commercial disputes linked to sports (notably in connection with TV rights or broadcasting agreements). As in the past, we have also regularly advised clients in regulatory matters across various sports, very often also in relation to data protection. New technologies (such as blockchain in general, cryptocurrencies, etc.) have also started to play an important role in sports and in our work.

What has been the most interesting case you have worked on to date, and why?

It is difficult to single out one specific case. Some matters are interesting because of their sheer volume (e.g., multimillion-dollar broadcasting agreements covering various jurisdictions), other cases may appear “small” at first glance, but sometimes the most difficult legal questions arise in such cases. Finally, there are cases that are very important on a personal level for a client, for example, when an entire career is at stake. Such cases are often difficult to handle, but always highly interesting.

The EU parliament has proposed a new regime to combat live sport content piracy. What does such a regime need to do to ensure its efficacy?

It is true that developments in digital technology and the easier access to digital content have increased the danger of pirated content. This creates risks not only for broadcasters, but also for event organisers, leagues, and ultimately also for

athletes and fans. In order to be successful and efficient, as for any legislation, such a new regime will have to strike the right balance between targeted and effective measures, while at the same time avoiding the excessive blocking of legal content.

What further steps can be taken to ensure that arbitration professionals are more comfortable using arbitration hosting platforms and other technology increasingly used in the space? I believe that during the covid-19 pandemic, many arbitration practitioners have become familiarised with the use of online platforms, hearings via videoconference, etc. However, there are some types of cases or hearings where such platforms undoubtedly have their limits. For example, in complex evidentiary matters and most importantly in cases involving long witness examinations, nothing can replace a physical hearing, where the interaction between lawyer, witness and tribunal can be directly observed. This is almost impossible to capture within a videoconference.

How are cryptocurrencies and blockchain technology being used by sports clubs and organisations?

It is impossible to give a short answer to this question, as the use cases for cryptocurrencies and blockchain technologies are so diverse. To name just a few, one has to think of NFTs in sports, ticketing, protection against counterfeiting, changes to the media landscape, smart contracts, the creation of new marketplaces, etc.

With the Olympics and Caster Semenya’s appeal to the CAS highlighting how IAAF regulations affect female athletes with high testosterone levels,

do you think we will see changes in these rules in the coming years?

This is very difficult to predict. On the one hand, the CAS Award gives some legal clarity to legal questions that had long been debated. On the other hand, debates continue to exist, for example in relation to transgender athletes in other sports – chances are that some governing bodies enact new (and potentially different) regulations, which may open up new kinds of legal challenges.

What advice would you give to someone starting out in sports law?

I think it is important to first have a solid academic backing, for example through a specialised master programme in sports law. Then, the most difficult step is often to get a foothold in the industry. Once this is done, I believe in the classic virtues: being kind, being humble, working hard, remaining open to learning new things every day – and from all such efforts, success will always follow.

What professional challenges are you expecting to encounter over the next few years, and how do you expect to navigate them? I think we are all anxious to see whether we are really close to the “post-pandemic” world, whether societies will recover, whether businesses will recover, and whether sports events and sports activities will soon be “back to normal”, or whether some changes caused by the pandemic will remain. It will be crucial to observe such developments very closely to being able to navigate possible new challenges.

Peers and clients say: “Mr Kleiner is one of the best Swiss lawyers in sports law” “He has extensive knowledge of sports law and is often referred to as a true expert” whoswholegal.com/thought-leaders

Despina Mavromati

SportLegis Lausanne Lausanne www.sportlegis.com

mavromati@sportlegis.com Tel: +412 254 803 52

Biography Dr. Despina Mavromati is a Swiss and Greek attorney-at-law with extensive experience in international sports law and arbitration, representing clubs, athletes and federations in international arbitration and court proceedings. Despina has acted as counsel, expert or arbitrator in more than 80 recent sports-related disputes in many jurisdictions, involving contractual, governance, dopingrelated and other ethics/disciplinary matters. A former managing counsel of the Court of Arbitration for Sport (CAS), Despina sits on various tribunals of international federations.

Sports

What attracted you to a career in sports law?

I was attracted to the diversity of issues included within the definition of “sports law”, which vary from purely contractual to media and doping-related, but also include disciplinary and human rights issues. I also enjoy the international nature of most disputes that I deal with, and the opportunity to interact with clients and colleagues from different jurisdictions and different backgrounds. Last but not least, I appreciate the ever-evolving sports governance ecosystem with its unique rules and structure.

What qualities make for an effective sports lawyer?

Knowledge of the wider sports administration structure and regulatory framework along with sufficient flexibility and readiness to represent athletes or federations in urgent disciplinary, doping or selection matters. Understanding of sports arbitration is also necessary, since most sportsrelated disputes are typically resolved through arbitration. Similarly, the knowledge of Swiss law is also extremely useful due to the fact that most international federations have their seat in Switzerland and there are numerous links to Swiss law in their respective regulations, for instance the FIFA Rules on the Status and Transfer of Players (RSTP).

How do your roles at various tribunals and sports governing bodies enhance the knowledge and experience you bring to practice? These roles are definitely complementary to my practice, shaping the way I think and argue about a given case as a practising lawyer. Even though I have a wide experience as an arbitrator sitting on the tribunals of some of the biggest international sports federations, including the UEFA Appeals Body, learning from the different procedures never ceases. My recent experience as the chair of the Ethics and

Disciplinary Tribunal of the International Weightlifting Federation gave me the opportunity to come across several important governance issues, ranging from the drafting of disciplinary and ethics rules to effective enforcement of those rules, and the need for independent investigations and adjudication. By deepening my knowledge on governance of sports institutions, I can better understand the specificities of each institution, including those of its judicial arm, and build strategies accordingly.

The EU parliament has proposed a new regime to combat live sport content piracy. What does such a regime need to do to ensure its efficacy?

Illegal broadcasting of live sports events is a real challenge, as technological advances complicate attempts by domestic authorities to identify, control and eventually block it. The recent dispute between Qatar and Saudi Arabia showed that state relations can escalate, raising security concerns at both the domestic and regional level. At the EU level, regulation and protection of intellectual property rights has traditionally been a contentious topic, bringing to light significant differences and often extreme positions for or against holders of IP rights. Harmonising the relevant rules has proven difficult for decades and continues to divide member states. In my view, a strict approach such as real-time blocking may lead to undesirable consequences and ineffective enforcement. An effective system could be based on facilitating access of consumers to online content through legal channels throughout the European Union. Even so, protection of IP rights at the EU level must be viewed holistically. The imminent completion of the digital single market and the parallel regulatory fervour relating to digital platforms (eg, the Digital Services Act and the Digital Markets Act) is a unique opportunity to seek solutions that apply across the board rather than in isolated sectors and cases.

whoswholegal.com/thought-leaders

The sports world has seen some high-profile issues around mandatory vaccination of athletes. What are the central legal issues surrounding proposed mandatory vaccination schemes?

Mandatory vaccination of athletes raises interesting legal issues that are not unique to sports, including ethical, human rights and data protection issues. Fundamentally, questions of fair play will arise within the sporting context, but it comes down to the autonomy of each association to regulate the conditions surrounding each specific sport with a view to safeguarding the interests and health of all athletes, support staff and spectators.

With the silencing of Chinese tennis player Peng Shuai after her allegations of sexual assault, do you think international sporting bodies have robust enough protections for players who suffer abuse? Are there changes to be made in this area? We should differentiate between the cases that occur within the sport, ie, within the jurisdictional scope of the federation supervising its sport, and those matters that occur outside the federation’s sphere of control. Having said that, it is of ultimate importance to protect the players from all forms of abuse, typically starting through extensive investigations in order to target any specific cases, followed by a thorough review of the regulatory framework to ensure that the rules are not only drafted correctly, but can be effectively enforced. I am an optimist by nature and therefore am confident that multilateral cooperation – also under the umbrella of the IOC – could yield the desirable results for the benefit of athletes and the sport.

What skills are becoming more essential for younger practitioners to one day be in your position?

Two skills would benefit a younger practitioner trying to break into the field of sports law. First, instead of focusing on being a “sports lawyer” from the outset, one should pick an appealing area of law (eg, contracts, intellectual property, arbitration) and apply

that specialty to the field of sports. Second, I would recommend building genuine relationships with colleagues and creating a network to obtain visibility in this highly competitive field.

What is the best piece of advice you’ve ever received? The best advice I’ve ever received is a quote from Dr. Martin Luther King, Jr.:

“If you can’t fly then run, if you can’t run then walk, if you can’t walk then crawl but whatever you do keep moving forward.” It is important to adapt to any situation and to keep learning. Sport is a metaphor for life, with struggles, hard work and the combined elements of luck and skill – and I am grateful to have the opportunity to work in this field!

WWL says: Despina Mavromati enjoys a strong reputation as “a very well-known sports lawyer” with significant experience representing clubs and athletes in complex disputes”. 26

Sports

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Daniel Muñoz

MUÑOZ & ARIAS Sports Lawyers

Valencia www.munozariassportslawyers.com daniel@munozarias.com Tel: +34 963 161 284

Biography Daniel Muñoz Sirera is a founding partner at Muñoz & Arias Sports Lawyers, a Spanish law firm specialised in sports with particular focus on the football industry. Daniel Muñoz provides legal advice and assistance on a wide variety of matters to professional sports entities, clubs, associations, federations, agents and high-profile football players from Europe, Middle East (Saudi Arabia, United Arab Emirates, Qatar), South America and China.

Sports

What inspired you to pursue a There is a great deal of dislegal career specialising in foot- cussion around salary caps ball industry? in professional football. Are The principal factor that led me to take these possible and desirable to the decision to pursue a career in the implement? What issues surfootball industry, at an initial stage, round implementation? is the fact that I was a player since a young age. Considering that I couldn’t follow a career in football as a professional player, the redefinition of my path occurred in line with my interests outside of the field of play, the law. Thereby, I did not consider any other path than the sports law industry, given that my natural interests in football dictated so.

What challenges did you face when setting up your own firm?

As in any business, the establishment of a firm demands a lot of work and sacrifice. It requires constant attention to the details and obviously building trust and confidence with your clients is pivotal. I believe that with hard work and patience one does notice considerable progress.

What advice would you give to someone looking to start their own firm?

Firstly, the person must carefully analyse the place where the person intends to establish the firm, due to the fact that the idiosyncrasies and circumstances of the football industry are different from country to country. Secondly, it is important to also determine a business plan, wherein it is important a target audience and market is defined. These are the most important factors to take into consideration. Lastly, being a master of this field is essential as well, one must have good experience and the willingness to develop their skills and gain knowledge at every step. By providing a good legal service to a client, your network also grows profoundly.

Salary caps in football are a matter of a long debate in and out of the industry, especially considering the public perception concerning the income received by players. However, the industry itself is capable of generating relevant income streams through the players.

How best can athletes use sporting events and their public profiles to champion their causes as activists without breaching rules? Do these rules need reform in sporting organisations? Nowadays, with the emergence of social media and in accordance with their right to exercise their freedom of expression, athletes are able to use their platforms to champion causes as they deem appropriate.

How has lecturing in international sports law at different institutions embellished your practice? It helps me to interact with the upcoming lawyers in this industry. Through these lectures, I met some brilliant lawyers like Alejandro Campos, Siddharth Gosain, and Rodrigo Batista, who are now working with me in the firm’s international sports law department.

Looking back over your career, what has been your proudest achievement?

As of now, I’m proud of the fact that we’ve been able to establish the firm at a national and international level. I am elated by the fact that we have been able to diligently represent clients before various adjudicatory bodies in different jurisdictions. We are now in a position where we render the best legal service to our clients.

WWL says: Daniel Muñoz is an “expert in sports” law who works on transfers and litigation procedures and is “always a pleasure to work with”. whoswholegal.com/thought-leaders

Antonio Quintero Rodríguez

Carrero & Quintero Justicia Deportiva Caracas www.carreroquintero.com aquintero@carreroquintero.com Tel: +58 4 123 121 298

Biography Antonio Quintero Rodríguez is partner at Carrero & Quintero, a leading boutique firm specialising in sports and entertainment. He has 14 years of experience in sports law and has held several positions in sports organisations. He holds a law degree from the Universidad Metropolitana. He also holds an LLM in international sports law from ISDE and IEB. He further holds a degree in baseball administration, a degree as football coach and a degree in litigation.

Sports

What attracted you to a career in sports law?

Despite Venezuela being a baseball country, football has always been my love and passion right from my boyhood age. I played, coached, and wanted football to be around in my life. When a professor at university spoke to me about sports law, I did not hesitate to pursue it. As soon as I got my law degree, I pursued my LLM in sports law at ISDE. Upon graduating from ISDE, a stranger, who now turns out to be a person I hold dear in my life, opened the door for me – Dr. Nelson Carrero, a former player, coach, football official and lawyer.

reach you quickly. Sports law is always faster than other areas of law. You need to be available to provide efficient and fast answers. Second, you need to have a good understanding of the sporting context, and of how different jurisdictions resolve their sports matters. Third, a good network of lawyers and of experts to complement your work. Fourth, you need to have pedagogy to explain the situations and what can be done about it.

How have your postgraduate studies, such as in sports manHow has your role as a sports agement and football coaching, lawyer changed since you aided you in your current role? started your career? They help me greatly in giving me different It has changed greatly because of technology. Social media and covid-19 changed the game. Your advice and opinion as a lawyer today must take into account the comments you will get from journalists and social media. I have also familiarised myself with online hearings and invested in good video studios. In 2017, we created within the law firm a small marketing and public relationship team led by Mr Andres Moreau, a specialist in digital media, to complement our services. Another issue is that sports law has become more complex because of the variety of subjects you need to handle. Thus, there are many areas to practice and to be aware of changes. Match-fixing, ethics and governance have significant changes. Also, you need to be aware of new sports such as eSports, Padel, Teq ball, skating, breakdance, etc. The market is no longer exclusively traditional sports. Finally, a sports lawyer must at least understand how new technologies are affecting the market, like blockchain, NFTs, tokens and the metaverse.

What do clients look for in an effective sports lawyer?

First good communication. That they can

visions on the same situation. I can understand how the administration of a club or sporting organisation is thinking about a case against a player or a coach and viceversa. This allows me to foresee their strategies. Also, when working in football it is easier to understand the sporting situation and to take advantage of small sporting details to insert clauses in contracts to prevent situations for specific players or coaches or to have proper sporting arguments to complement the legal arguments.

resources we required and the quality of the colleagues we were facing was what made it so special. Our main argument prevailed and gave rise to a very interesting decision.

What makes Carrero & Quintero Abogados stand out from its competitors in the market?

The first is teamwork, especially with other lawyers. They are our main clients. Second, although our main work is football, we also act in professional baseball and basketball. We also deal with cases within different federations in different sports within the Olympic movement and outside. Third, we work with very good experts in doping cases. Fourth, we have a good knowledge of the functioning of Latin America especially in a difficult country like Venezuela, which has the biggest natural oil reserves. We also have a good network of lawyers in Latin America.

What is the best piece of advice you’ve ever received? My parents Antonio Quintero and Dilia Rodriguez, who are also lawyers, taught me that “you cannot practise law alone, you always have to practise with somebody else.” The different views make you prepare stronger cases.

What is the most memorable case you have been a part of, and why? What advice would you give to Recently we had the case CAS 2020/A/6695 someone looking to start their and 6700 & 7386, a doping case where we own firm? acted on behalf of the Major Event Sports Organisation where we faced very good colleagues from London, New York and Ontario debating about qualification for the Olympic Games. It was a huge case with many arguments and mainly focused on a very technical issue of the interpretation of a comment in the WADA Code. My partner, Mrs Elena Mundaray and I were involved in a 16-hour online hearing for two days, with people from at least six different countries. The whole complexity of the case, the

Three pieces of advice: 1. Create a good network. To have it, you have to treat people with respect and bond properly. 2. Keep studying: a professional has to keep studying all the time, not only the law but different topics. Be curious. 3. Write: show your quality, this is the time of social media.

WWL says: Antonio Quintero is “very good at making oral arguments” and is a “fierce fighter until the end of the matters”. whoswholegal.com/thought-leaders

Claude Ramoni

Libra Law

Lausanne www.libra-law.ch ramoni@libra-law.ch Tel: +41 78 802 6640

Biography Claude Ramoni (PhD in law) is a Swiss qualified attorney-at-law, partner of the Swiss law firm Libra Law, in Lausanne. Claude Ramoni advises and represents national and international sports federations, national Olympic committees, clubs and athletes before the Court of Arbitration for Sport, legal bodies of international federations and Swiss courts in various areas, with specific focuses on antidoping, disciplinary, governance and contractual matters. Claude Ramoni currently serves on the UEFA Appeals Body and lectures on numerous master programmes.

Sports

How has your role as a sports lawyer changed since you started your career?

I started my career in a large law firm advising mainly large sport institutions. When I joined Libra Law almost 15 years ago, I “changed sides” and most of my clients were athletes or clubs. Now, I continue to advise athletes and clubs, but also several sporting organisations, both national bodies and international federations. Advising this variation of clients allows me to truly understand the issues, and to better assess the possible solutions.

What further steps can be taken to ensure that arbitration professionals are more comfortable using arbitration hosting platforms and other technology increasingly used in the space? The covid-19 crisis forced arbitration institutions such as the Court of Arbitration for Sport to implement an efficient e-filing system, and to generalise the organisation of online hearings. This clearly increases the efficiency of procedures in an international environment.

With the controversy over UEFA preventing Germany from lighting the Allianz Arena in rainbow colours last year, do you think international sporting events will continue to try and prevent athlete activism? Does there need to be reform in this area? Sporting bodies are facing a dilemma. Sport and sport events are used to promote universal values such as the fight against racism, promotion of women in sport, etc. At the same time, sport and politics should remain separate to allow all athletes to compete under the same conditions, without discrimination, in a levelplaying field. For as long as the athlete’s activism remains in compliance with the obligation

of neutrality that must govern international sport, I do not see any reason to prevent athletes from expressing their opinion.

There is a great deal of discussion around salary caps in professional football. Are these possible and desirable to implement? What issues surround implementation? I do not think so. Professional football is an open market, and I do not see why the liberty of clubs and players to agree on the remuneration they deem fit should be limited. Swiss law governs football disputes before the CAS, in case of appeals against FIFA decisions. Under Swiss law, there is no salary cap, and it is not usual in Switzerland to put such limitation on the parties’ economic freedom.

What has been the most significant development in sports law since you started practising?

20 years ago, sporting regulations were quite simple; the initial philosophy of the Court of Arbitration for Sport was to offer to the sport market an efficient and simple way to solve disputes. Nowadays, cases are much more complex than before. Regulations have evolved and are more sophisticated in almost all areas. Clients therefore need specialised advice and competences. It is no longer possible for a general practitioner to act before sporting bodies.

Looking back over your career, what is the most interesting sports case you have been a part of, and why? Very recently, I have been involved in several cases before the CAS ad hoc division at the Olympic Games, including a high-profile doping case. The difficult task was to develop a complex legal argumentation aiming at convincing a CAS panel that

there was a lacuna in the World AntiDoping Code, to be duly filled-in by the panel by interpreting the regulations, in the context of a procedure that lasted not more than 48 hours, under the heavy pressure of the athlete having to know if she could compete on the following day. Before the CAS ad hoc division, deadlines to file submissions are usually less than 24 hours, implying that lawyers need to work quickly and focus on the essential arguments only.

What professional challenges are you expecting to encounter over the next few years, and how do you expect to navigate them?

Decisions by sporting bodies are, in my view, more and more driven by political considerations, in a world where communication and public perception is the centre of all attentions. Sport lawyers need to take this aspect into consideration. It is no longer sufficient to focus on the legal issues; the public perception of any decision by a sporting body or of an athlete’s behaviour needs to be duly assessed, as sometimes a press campaign clearly has more impact than any court decision.

You have enjoyed a distinguished career so far – what else would you like to achieve?

There has been an incredible development of sporting regulations and institutions in the last 25 years. I would be very pleased to continue my contribution to improving the system, implying allowing all members of the sporting community to have access to quick, efficient, cheap, specialised and independent dispute resolution bodies, applying clear and predictable regulations. Several sporting structures and regulations require reforms to better serve the sporting community.

Peers and clients say: “I regularly see Claude in a lot of high-profile cases” “He’s an excellent name in Switzerland and is very efficient”. whoswholegal.com/thought-leaders

David Wu

Llinks Law Offices Shanghai www.llinkslaw.com

david.wu@llinkslaw.com Tel: +86 135 0182 4128

Biography David Wu is partner of the Chinese law firm Llinks Law Offices, leading the sports law and entertainment department. David was appointed as the ad hoc arbitrator of the 2014 Sochi Winter Olympic Games. David is the vice chairman of China Association for Sports Law, head of the Shanghai Bar Association Sport Committee, as well as holding important roles in many sports federations. He also holds different positions in sportsrelated entities such as the China Basketball Association League (CBA), Rexsport, SHIAC, Chinese Olympic Committee Olympic Games Preparation Office, among others.

Sports

Which came first: an interest in law or an interest in sport? Before practising in sports law, I worked for over 10 years as a lawyer providing services to both Chinese and foreign clients. It came to me that sports law needs to be paid attention to and I have always been a fan of many sports events, so I would say that the interests are equally important to me.

or another, conducting due diligence to measure the possible effects of a business relationship with a state entity on human rights becomes important, to prevent adverse impacts on human rights through sportswashing. For instance, host associations/cities may show they respect human rights by remediation, which includes both the remedying of past adverse impacts and the prevention of future adverse impacts.

Thus, I would suggest setting up some international platforms that are adapted to the Chinese market due to the size of arbitration in the country.

Due to the impact of the pandemic made on the economy, clubs under financial difficulties are struggling to keep spending fortunes on expensive players. As I have been representing more and more players involved in salary disputes, it became critical for many sports federations and event holders to find a solution to maintain the sustainability of the games.

Considering the complicated situation of the football industry and other traditional sports in China as a result of the pandemic and other reasons, we intend to develop our practice in different areas linked with sports and the new technologies such as eSports, as well as drone and robotic competitions which the market for isincreasing rapidly in China and worldwide.

You have enjoyed a distinguished career so far – what else would you like to achieve?

In the short-to-medium term, I will keep focused on helping sports federations and professional leagues to build up internal sports dispute resolution systems. At the same time, set up a sports arbitration institution in China, which I believe will take years to achieve.

What did you find most challenging about entering the sports industry? How have labour issues in sport When I first began studying to become evolved over the course of the a sports lawyer in China, it was a whole coronavirus pandemic? What new market. Therefore, a lot of work labour law challenges have involving the design of legal structure for sporting organisations faced How would you like to develop sports federation from the ground up was in the past two years? your practice over 2022–2023? needed. I would say this work has been quite challenging.

What is the most memorable sports case you have been a part of, and why?

The most memorable sports case was the case of LIU Jian v. Qingdao Jonoon FC. The case was closed with a complete victory and was praised as the landmark “Bosman” case in Chinese sports law.

What further steps can be taken to ensure that arbitration proGiven a perceived rise in inter- fessionals are more comfortnational “sportswashing”, can able using arbitration hosting and should there be greater platforms and other technology human rights due diligence in increasingly used in the space? awarding hosting rights in dif- So far, I feel comfortable with the current ferent sports? How could this platforms used to date. However, we somebe implemented and enforced? times face some difficulties in China when I consider it could be improved. Since most states violate human rights in some form

using platforms such as Zoom and or Skype due to the great firewall in China.

WWL says: David Wu has “great experience assisting clubs and agents” and has a strong reputation as a CAS arbitrator. whoswholegal.com/thought-leaders

Thought Leaders in Sports 2022 Argentina

Mariano Claria, Clariá & Trevisán Abogados Ariel Reck, Reck Sports Law

Australia

Paul J Hayes QC, Owen Dixon Chambers West Alan Sullivan QC, Frederick Jordan Chambers Dominic Villa SC, New Chambers

Belgium

Daan Buylaert, Tiberghien Lawyers Sven Demeulemeester, ALTIUS Benoît Keane, Keane Legal Elisabeth Matthys, Stibbe

Brazil

Daniel Cravo Souza, Cravo Pastl and Balbuena Advogados Associados Stefano Malvestio, Bichara e Motta Advogados Marcos Motta, Bichara e Motta Advogados Bichara Abidao Neto, Bichara e Motta Advogados Breno Costa Ramos Tannuri, Tannuri Ribeiro Advogados

Canada Ontario

Gordon Kirke QC, Gordon Kirke QC Richard McLaren, Innovative Dispute Resolution c/o McKenzie Lake Lawyers LLP

China

David Wu, Links Law Offices • Q&A

Colombia

César Giraldo,Gher & Asociados

Denmark

Jens Evald, Aarhus University Lars Hilliger, Advice Law Firm

England

Nilo Aguillar Effori, Effori Sports Law • Q&A Michael Beloff QC, Blackstone Chambers Matthew Bennett, Centrefield LLP

WWL Thought Leaders Sports 2022

Articles inside

David Wu

Claude Ramoni

Antonio Quintero Rodriguez

Despina Mavromati

Daniel Muñoz

Jan Kleiner

Horacio Gonzalez-Mullin

Steven Bainbridge

Jorge Ibarrola

Paul J Green

Nilo Aguillar Effori

Martin Cockburn

Michele Bernasconi

Marc Cavaliero