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.

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.

How has the coronavirus pandemic and the shift to online working affected sport lawyers’ networking and learning opportunities?

Without any doubt, it has been more difficult to meet new people and build new 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 you noticed your 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.

What makes Bär & Karrer stand out from the competition in this field?

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

Peers and clients say: “Michele is a very well-known sports practitioner” “He is highly active as an arbitrator and has a very strong sports practice”