Michele Bernasconi

Bär & Karrer Ltd

Zurich www.baerkarrer.ch

michele.bernasconi@baerkarrer.ch Tel: +41 58 261 50 00

Biography

Michele Bernasconi is a partner in the Zurich office of Bär & Karrer, one of the largest and leading Swiss law firms. A graduate of the University of Zurich (lic iur 1989) and Harvard Law School (LLM 1996), Michele Bernasconi was admitted to the Swiss Bar in 1992. He advises on a broad range of sports, media, energy, telecom and IT matters, acting for both domestic and international clients. He has particular expertise in international litigation and arbitration in commercial, media and sports matters. He is said to be one of the most experienced arbitrators at the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland.

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

I was around five years old when I started to follow with great interest both the Perry Mason TV series (an American legal drama series starring Raymond Burr) and two sport giants, Jacky Stewart and Johan Cruyff. One could say that I have always been passionate about law and also about sports, so I feel very lucky to combine the two in my professional life.

To what extent is the Court of Arbitration for Sport (CAS) an effective body in resolving disputes?

If as a lawyer in a sporting matter, you have never been forced to try your luck before an ordinary state court, you will never truly appreciate the advantages of CAS. Of course, CAS is not perfect and there is still room for it to evolve and improve. But it clearly is a huge advantage for the sports family to have the possibility to submit a sports-related dispute to an arbitral tribunal that is neutral, experienced in sporting matters, efficient and reasonably inexpensive for the parties to such dispute.

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

The most interesting case is always the one I have right in front of me, on my table. But I must admit that there are two I wish to mention: to start, the first Matuzalem case, where I served as president of the CAS Panel, was special to me. The decision was confirmed by the Swiss Federal Tribunal and has had an influential role on many other cases of breach of contract by a football player or a club. Then the very recent case relating to Stand-Up Paddling (SUP) and the recognition of the International Surfing Association (ISA) as the legitimate international federation to govern SUP within the Olympic Movement: it is sufficient to read the CAS decision to understand how law and sport can be both fascinating.

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

Of great significance are certain structural developments such as the introduction of the first WADA Code, the recognition of CAS by FIFA and the unbelievable success of the UEFA Champions League. But equally important, as I wrote few years ago, is the emergence of a new international community of sports lawyers that simply did not exist 20 years ago. I feel a great sense of cooperation and collegiality among the members of this community.

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 my partner Jan Kleiner and all other members of our team. Working in a team is not only necessary but is also a blessing: only a strong team can aim at achieving the “magic mix” of success and satisfaction.

You have enjoyed a distinguished career so far. What do you feel is still left for you to achieve?

I hope to maintain the right motivation for what I do. I am passionate about my work and the people involved and I hope to continue to avoid doing anything for prestige, status, money or approval alone (as someone wiser than me wrote once).

WWL says: Michele Bernasconi is a “well-known” and first-class practitioner according to peers, who deem him to be “one of the best sports litigators and CAS arbitrators” in Switzerland.