Horacio Gonzalez-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.

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.

What have been the highlights of your practice over the past year?

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.

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.

How, and in what ways, are technological developments most affecting your practice and your clients’ needs?

They are affecting our practice in a positive way. The new apps for video conferences 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.

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.

Where, in your opinion, does the future of your practice lie?

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”.