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PLAYER CONTRACTS 2016
12 - 13 October 2016 Wembley Stadium Hilton | London
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CONTENTS Player Contracts 2016 3
Why attend PC 2016? 4
Event programme 5
Speakers 7
Featured article 15
Venue 20
How to get here 21
Organised by 23
Registration and booking 24
Become a sponsor 24
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Player Contracts returns to London on 12-13 October 2016. Following on from the huge success of the 2014 and 2015
conferences, we again bring together leading football delegates to examine the most pressing legal issues in the
professional game today.
Last year was the biggest Player Contracts yet, with delegates from 55 countries joining us in London for the event.
Through interactive seminars and expert presentations, attendees will gain a deeper understanding of the critical
issues, together with a comprehensive overview of the current landscape in professional football, from legal,
regulatory and commercial perspectives.
Get first-hand advice from experts, hear high-profile speakers from football's leading organisations and network with
other professionals in the field at Player Contracts 2016.
PLAYER CONTRACTS 2016
Visit www.player-contracts.com for more information
The world’s largest independent football law conference
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WHY ATTEND PC 2016?
Previous attendees include:
• DISCUSS topics such as the challenge to the FIFA transfer system, player contract issues, football taxation and the regulation of football agents amongst others.
• TRACK the latest developments in recent important CAS cases in football, third-party investment, FIFA’s intermediary regulation and UEFA Financial Fair Play.
• NETWORK with clubs, federations, governing bodies and leading professionals working within the sport industry.
• GAIN top tips for negotiating contracts in sport - whether you are a player, agent, lawyer, club, association or federation.
• COLLECT 11 Continuing Professional Development (CPD) points.
• LEARN about the most critical and controversial issues from those that implement the rules, those who have to follow them and those who challenge them.
• ASK our panel of industry experts in an extended Q&A covering all the day’s topics.
• HEAR from key speakers including representatives from FIFA, UEFA, Manchester United, Olympiacos, Juventus, Sporting Club Portugal, LOSC Lille, Association of Football Agents, Legia Warsaw and Doyen Sports to name a few.
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EVENT PROGRAMMEWednesday, 12 October
Chairperson Day One: Owen Gibson - Chief Sports Corespondent, The Guardian
08.30 - 09.30 Registration and breakfast
09.30 - 09.45 Conference welcome World Sports Law Report
09.45 - 11.00 Challenge to the FIFA transfer system – time for reform? Gianpaolo Monteneri – Director, Monteneri Sports Law
João Lobão – Lawyer, Sporting Clube de Portugal
Ornella Desirée Bellia – Legal Affairs Manager, EPFL
Matthew Bennett – Partner, Centrefield LLP
FIFPro representative TBC
11.00 - 11.30 Networking refreshments
11.30 - 12.15 Recent important CAS cases in football matters Michele Bernasconi – Partner, Bär & Karrer
12.15 - 13.00 Federative rights and third-party investment Francisco Empis – Communications Manager, Doyen Sports Andrew Smith – Barrister, Matrix Chambers
Pieter Paepe – Attorney, Astrea
Speaker TBC
13.00 - 14.00 Lunch and networking
14.00 - 14.45 Foreign managers in the English Premier League: contractual, tax and cultural issues Luca Ferrari – Partner and Global Head of Sports,
Withers LLP
Filippo Noseda – Partner and Joint Wealth Planning
Practice Group Leader, Withers LLP
Speaker TBC
Player contracts intensive
The treatment of penalty clauses in football contracts Jordi López – Partner, Pinto Ruiz & Del Valle
Unilateral extension of football employment contracts José Luis Andrade, LL.M – Attorney-at-Law
Fix-term employment contracts and relocations in professional sports Dr Johan-Michel Menke, LLM – Partner, Heuking Kühn
Lüer Wojtek
14.45 - 15.30 FIFA intermediary regulation Kimberly Morris – Head of Integrity and Compliance,
FIFA TMS
Julien Mordacq – Head of Legal and Administrative
Department, LOSC Lille
Nick De Marco – Barrister, Blackstone Chambers
15.30 - 16.00 Networking refreshments
16.00 - 16.45 Image rights Patrick Stewart – Director of Legal & Business Affairs,
Manchester United
Ian Lynam – Partner, Charles Russell Speechlys LLP
Pete Hackleton – Partner, Saffery Champness
Football taxation workshop (Hosted by ITEG)
•Recent trends in football taxation
• Issues regarding the transfer of residence of football players
• Image rights
ITEG Tax Specialists Mario Tenore – Tax Advisor, Maisto e Associati
Dick Molenaar – Tax partner, All Arts Tax Advisers
Ángel Juárez – Partner, Juárez Veciana Abogados
16.45 - 17.30 Jurisprudence between FIFA DRC and CAS Omar Ongaro – Head of Players' Status and
Governance, FIFA
Mark Hovell – Partner, Mills & Reeve LLP
Frans de Weger – CAS Arbitrator and Senior Legal
Counsel at Dutch Federation for Professional Football
Clubs (FBO)
Antonio Rigozzi – Partner, Lévy Kaufmann Kohler
17.30 - 21.00 Networking drinks and dinner
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EVENT PROGRAMMEThursday, 13 October
Chairperson Day Two: Owen Gibson - Chief Sports Corespondent, The Guardian
08.30 - 09.30 Registration and breakfast
09.30 - 09.35 Conference welcome
09.35 - 10.15 UEFA disciplinary regulations and the CAS cases involving UEFA 2016 Emilio García Silvero – Head of Disciplinary and
Integrity, UEFA
Football agents workshop Mel Stein – Chairman, The Association of Football
Agents (AFA) / Consultant, ClintonsRoberto Branco Martins – CEO, European Football
Agents Association / Director, Pro Agent
Raffaele Rigitano – Partner, Rigitano Associates / Vice
President, Italian Association of Football Agents
(A.I.A.C.S.)Steffen Asal – CEO, Arena 11 Sports Group / Board
Member, German Football Agents Association (DFVV)
Mario Tenore – Tax Advisor, Maisto e Associate /
Board Member (A.I.A.C.S.) (Chair)
10.15 - 11.00 UEFA Financial Fair Play Andrew Mercer – Legal Counsel and Venue Director,
UEFA
Tom Cannon – Professor of Strategic Development,
The University of Liverpool Management School
Tom Serby – Senior Lecturer, Anglia Ruskin University,
Cambridge
Speaker TBC
11.00 - 11.30 Networking refreshments
11.30 - 12.15 Conditional payments Theodore Giannikos – Vice President, Olympiacos F.C.
Doping in football Paul J. Greene – Attorney/Founder, Global Sports
Advocates LLC
Ross Wenzel – Partner, Kellerhals Carrard,
Alexandre Miguel Mestre – Of-Counsel, Abreu
Advogados
12.15 - 13.00 Sponsorship agreements Cesare Gabasio – Partner, Pacciani Avvocati /
Juventus FC
Dan Lowen – Partner, Couchmans LLP
Rossano Cifonelli – Director/Barrister, VII Law
The protection of minors and youth player issues
Jakub Laskowski – Proxy of the Management Board
responsible for Legal Issues and Business Projects,
Legia Warszawa Football Club
Paolo Lombardi – Partner, Lombardi Associates
13.00 - 14.00 Lunch and networking
14.00 - 14.45 Geographical case study - the state of play in Latin America Marcos Motta – Founding Partner, Bichara e Motta Advogados
Reynaldo Buzzoni – Director of Registration and Transfers, Brazilian Football Confederation (CBF)
Carol Couse – Consultant and Head of the Latin American Desk, Mills & Reeve
Ariel Reck – Sports Lawyer, Argentina
14.45 - 15.45 What Brexit means for football Daniel Geey – Partner, Sheridans
Andrew MacDonald – Head of Legal and Football Services, Norwich City Football Club
Iain Taker – Lawyer, Southampton FC
Speaker TBC
15.45 - 16.00 Conference close
16.00 - 16.30 Networking Refreshments
* Please note this programme is subject to change
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SPEAKERS
Omar Ongaro Head of Players' Status and Governance , FIFA
Omar Ongaro is the Head of the Players’ Status and Governance Department at FIFA. A graduate of the University of Zurich, Switzerland, he joined FIFA in March 2000. Apart from being responsible for all players’ status matters, Omar also forms the liaison between the Players’ Status Department and the Transfer Matching System GmbH (TMS) as far as legal and regulations-related issues are concerned.
Theodore Giannikos Vice President, Olympiacos F.C.
Theodore Giannikos is Vice President of Olympiacos F.C. and Lawyer at the Giannikos law firm in Athens. Since 2015 Theodore has been an Arbitrator at the Court of Arbitration in Sport, and since 2012, a Member of the European Club Association Legal Executive Board, where he also sits on the Legal Advisory and Statutory Affairs Panels. Theodore is a Member of UEFA Club Competitions Committee and the FIFA Dispute Resolution Chamber (DRC).
Emilio Garcia Head of Disciplinary and Integrity, UEFA
In 2012, Emilio joined UEFA as Head of Disciplinary and Integrity within the Legal Department. During the last three years, Emilio acted as UEFA’s main legal counsel at the most relevant proceedings related to disciplinary, financial fair play and match-fixing cases in European football, before CAS. Emilio was Legal Director of the Spanish Football Federation for more than eight years (2004-2012). He is also an appointed Arbitrator by the Court of Arbitration for Sport.
Patrick Stewart Director of Legal & Business Affairs, Manchester United
Patrick Stewart is the Director of Legal & Business Affairs at Manchester United. Patrick joined Manchester United in 2006 to head up the newly created Legal & Business Affairs Department. His responsibilities include negotiating key sponsorship and player image contracts and managing the team which handles the club’s legal, compliance and brand protection issues. Prior to Manchester United, Patrick was legal counsel with TEAM Marketing in Switzerland.
Cesare Gabasio Partner, Pacciani Avvocati / Juventus FC
Cesare Gabasio is a partner of Pacciani Avvocati, dealing principally with Italian Commercial, Company and Sports Law. He works on various matters related to football (transfers of players, players’ contracts, sponsorship agreements, intellectual property rights, TV rights) and represents clients before dispute resolution forums at a domestic and international level (such as the Court of Arbitration for Sport). Cesare is also a member of the ECA Legal Advisory Panel.
Speakers at Player Contracts 2016 include:
Mel Stein Chairman, The Association of Football Agents (AFA)
Mel has been a sports lawyer for some forty years, representing both high profile players, clubs and regulatory bodies. Through Clintons, the law firm for which he is a consultant, he has been at the forefront of the negotiation of the current FA Working With Intermediaries regulation. He supplies commercial and contractual advice to many agents in respect of players’ contracts, transfers, club representation, joint ventures and strategic associations with other agents.
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SPEAKERS
Owen Gibson Chief Sports Correspondent, The Guardian
Owen Gibson is the Guardian's chief sports correspondent. From 2010 to 2012 he was Olympics editor, covering the build up to the London Games and writing on a range of other sporting issues. Prior to that, he was the Guardian's sports news correspondent and, before that, media correspondent for four years. He joined the Guardian in 2001 as new media editor and previously worked for trade title Media Week.
João Lobão Lawyer, Sporting Clube de Portugal
João Lobão is a Lawyer at Sporting Clube de Portugal and has extensive experience in sports law, employment, corporate and commercial, intellectual property and joint ventures. He has an Executive Master in Marketing and Sports Management from ISCTE – University Institute of Lisbon (2011) and has a law degree from the Faculty of Law of the Portuguese Catholic University, Oporto (2009).
Julien Mordacq Head of Legal and Administrative Department, LOSC Lille
Julien Mordacq is Head of Legal and Administrative Department at LOSC Lille and manages all legal affairs in a multidisciplinary approach; including business law, social law, brand, intellectual property and litigation. He oversees the administrative management of the company which encompasses insurance, fleet vehicles, memos to the personnel and for sport event organisers (competitions admission, UEFA fair play, Stadium, Young Academy).
Jakub Laskowski Proxy of the Management Board responsible for Legal Issues and Business Projects, Legia
Warszawa Football Club
Jakub Laskowski is Proxy of the Management Board of Legia Warszawa Football Club responsible for Legal Issues and Business Projects since 2013. He holds a postgraduate degree in Law from University of Warsaw and an LLM in Corporate Governance & Financial Regulations from University of Warwick. He is also an alumni of the PhD studies at University of Warsaw.
Michele Bernasconi Partner, Baer & Karrer AG
Michele (Michael) A.R. Bernasconi is a partner in the Zurich office of Baer & Karrer AG one of the largest leading Swiss law firms. He advises on all aspects of sports law. In particular, he advises on a regular basis national and international sport associations and federations with regard to litigation cases, transfers, events regulations, intellectual property, IT and other commercial matters. Michele is also a member of the Court of Arbitration for Sport (CAS).
Andrew Mercer Legal Counsel, UEFA
Andrew joined UEFA in 2010, initially acting as a commercial lawyer in sponsorship and licensing matters. In 2013, Andrew took on responsibility for the legal aspects of UEFA’s club licensing and financial fair play programme. In this capacity, he advises UEFA’s Club Financial Control Body in respect of the various club licensing and financial fair play investigations carried out throughout the football season and the cases brought against clubs.
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SPEAKERS
Francisco Empis Communications Manager, Doyen Sports
Francisco is the Communications Manager for Doyen Sports, a 360º sports agency based in Malta and with a presence in a number of countries in Europe and South America. The company rose to prominence through its leadership in Third Party Investment in football. Francisco manages all external communications for the company, with an emphasis on media relations. Previously, he worked for leading Portuguese PR and communications agency CV&A.
Roberto Branco MartinsCEO, European Football Agents Association
In 2006 Branco Martins created, together with leading Players’ Agents, Pro Agent, a Dutch business association uniting Licensed Player’s Agents. The members appointed Branco Martins as the director of the association and in 2007 the creation of the European Football Agents Association (EFAA) followed. Roberto also runs the sports law practice, Abeln Advocaten. His clients include international player’s agents, football clubs, coaches and football players.
Kimberly MorrisHead of Integrity and Compliance, FIFA TMS
Kimberly Morris is the Head of Integrity and Compliance at FIFA TMS. Kimberly is a barrister and solicitor, dually qualified in Canada and the United Kingdom. She has experience as a litigation trial lawyer and has practised advocacy and dispute resolution in a broad range of areas including complex commercial claims, breach of privacy claims, contracts, shareholders and employment disputes. She has been engaged as Counsel to the Council of Europe.
Frans de WegerCAS Arbitrator / Senior Legal Counsel at Dutch Federation for Professional Football Clubs (FBO)
Frans M. de Weger is senior legal counsel to the Dutch Federation for Professional Football Clubs (FBO), where he regularly acts as a legal representative on behalf of the Dutch professional football clubs in national and international legal disputes. On 1 January 2015, Frans de Weger was appointed, on the proposal of the European Club Association (ECA), as an arbitrator for the Court of Arbitration for Sport (CAS) for the period 2015-2018.
Gianpaolo Monteneri Director, Monteneri Sports Law
Swiss-born Gianpaolo Monteneri graduated as a Swiss lawyer, before joining FIFA in 1997 as Head of the Players’ Status Department. At FIFA he headed a team of international lawyers in charge of investigating commercial and labour disputes involving mostly clubs, federations, players, coaches and agents. He left FIFA in 2005 to establish Monteneri Sports Law, which under his leadership, has developed into a renowned international sports law firm.
Marcos Motta Partner, Bichara e Motta Advogados
Marcos Motta is founding partner at Bichara e Motta Advogados. He has been working in the football market since 1997, when he started as Director and International Representative for Clube de Regatas do Flamengo (1997-2000). Since then, he has served as legal counsel in over four hundred cases before FIFA and the Court of Arbitration for Sport (CAS) involving different matters, such as contractual, disciplinary, regulatory and doping disputes.
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SPEAKERS
Ángel Juárez Partner, Juárez Veciana Abogados
Ángel Juárez is a Partner at Juárez Veciana Abogados in Barcelona. Ángel specialises in business law and contracts, sports law, intellectual property and domestic and international taxation. Ángel advises a range of high profile clients and holds an Adv LLM in International Taxation from Leiden University and a Bachelor of Law from the University of Barcelona. He is also a lecturer in matters of International Tax Law at several universities and seminars.
Mark Hovell Partner, Mills & Reeve LLP
Mark Hovell has specialised in sports law for over 20 years, advising a wide range of clients including players associations, their members, clubs and sponsors across the UK. Mark heads the Sports Team at leading national firm Mills & Reeve. Internationally, he sits as an arbitrator at the Court of Arbitration for Sport (CAS) in Switzerland, where he has heard some of the leading cases in football.
Ornella Desiree Bellia Legal Affairs Manager, Association of European Professional Football Leagues (EPFL)
Ornella is currently Legal Affairs Manager at the EPFL where she is in charge of all legal issues involving the common interests of the European Leagues at international level. Ornella is a lawyer specialised in Sports Law, having worked in the football industry as in-house lawyer for a football club in the Italian top division as well as in some of the most renowned law firms and sports institutions worldwide. Ornella is a visiting lecturer at Sports Law Masters in Italy and Spain.
Luca Ferrari Partner and Global Head of Sports, Withers LLP
Luca is a partner in the international corporate department and global head of the sports practice. Since 1994, he has specialised in sports marketing and sports law and provides legal advice to athletes, footballers, agents, coaches, managers, clubs, leagues, federations, investors and sponsors. He also has long-standing experience in international sports regulatory issues as well as in sports commercial litigation, and in particular international sports arbitration.
Paolo Lombardi Managing Director, Lombardi Associates
Paolo Lombardi is Managing Director and founder of Lombardi Associates, as well as a consultant for leading sports law firm Couchmans LLP. Paolo offers advice on international football regulations to football stakeholders worldwide, including clubs, players, intermediaries, associations, leagues, regulators and investors. Paolo previously worked for FIFA from 2002 to 2010.
Daniel Geey Partner in the Sports Law Group, Sheridans
Daniel Geey is a Partner in the Sports Law Group at Sheridans. He advises companies and individuals in the football sector on the full range of Premier League, Football Association, Football League, UEFA, FIFA and Scottish football regulatory requirements. He advises football clubs, agencies, rights holders, and other sports companies in relation to a whole raft of related football transfer, regulatory, disciplinary, commercial and broadcasting issues.
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SPEAKERS
Antonio Rigozzi Partner, Lévy Kaufmann Kohler
Antonio is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler. As a recognised leader in the field, he has extensive experience across all the main areas of sports law, including anti-doping, contract, disciplinary, labour, image rights, regulatory, and sponsorship disputes in a wide range of sports. Antonio regularly acts for athletes, teams and sports-governing bodies before the CAS.
Nick De Marco Barrister, Blackstone Chambers
Nick De Marco is a leading sports barrister at Blackstone Chambers with special expertise in football. He regularly acts for football clubs, players and intermediaries in high profile cases including in financial fair play, disputes relating to football intermediaries, player disputes and disciplinary issues, doping, image rights, commercial disputes between clubs and third parties, international football disputes before FIFA and CAS and Third Party Ownership of players.
Mario Tenore Tax Advisor, Maisto e Associati
Mario Tenore practices at Maisto e Associati (Milan office) and is a member of the International Tax Entertainment Group (ITEG). In football matters, he provides advice to clubs, players and their agents in relation to tax issues on domestic and international transactions. He has particular experience on tax issues arising in respect of international transfers, management of image rights, payments to agents and others.
Dan LowenPartner, Couchmans LLP
Dan is a commercial and regulatory sports lawyer, advising clients on a wide range of issues, from player transfers and commercial opportunities, through to disciplinary and contentious matters. Dan's clients include numerous management agencies and he regularly advises high-profile international sportsmen and women. He also advises clubs, leagues, governing bodies, event organisers, brands and rights-holders on a variety of commercial and regulatory issues.
Dick MolenaarPartner and Tax Adviser, All Arts Tax Advisers
Dick is a Tax Partner with All Arts Tax Advisers in Rotterdam, the Netherlands and adviser to many Dutch and international artists, sports people, companies and institutions. He is also a member of the Nederlandse Orde van Belastingadviseurs (NOB), the International Fiscal Association (IFA), the International Bar Association (IBA) and the International Association of Entertainment Lawyers (IAEL). Dick is also a Board member of theatre and music companies.
Matthew Bennett Partner, Centrefield LLP
Matthew works extensively across the Sports sector. He has particular recognition as a leading adviser to the football industry both in the UK and worldwide, due to his regular work on complex and high value international player transfers. Matthew advises a number of professional clubs from the Premier League, the Football League, and Major League Soccer, as well as players and intermediaries on a wide variety of regulatory and legal matters.
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SPEAKERS
Ross WenzelPartner, Kellerhals Carrard
Ross Wenzel is a Partner in the sports law group of Kellerhals Carrard (Switzerland). His practice is exclusively dedicated to sports law, with a focus on doping and football-related disputes. He regularly represents clients before the Court of Arbitration for Sport (CAS). Within a doping context, he has successfully represented WADA, the IOC, International Federations (including the IAAF, FINA and IWF) and National Anti-Doping Organisations in over 100 disputes.
José Luis Andrade Attorney-at-Law
José Luis Andrade is a Portuguese qualified attorney, specialising in international sports arbitration. Previously at FIFA, José Luis was part of the team that set up the compliance framework, in relation to the activities conducted through FIFA TMS. He then joined FIFA Players’ Status and Governance, working primarily for the FIFA DRC with regulatory and contractual disputes, gaining extensive experience with cases of breach of football employment contracts.
Ian Lynam Partner, Charles Russell Speechlys LLP
Ian is joint head of the Charles Russell Speechlys Sports Group. Their clients include The FA, Nike, Premiership Rugby, WRU, Paddy Power, BHA, IMG and many leading football clubs and footballers. Ian has a broad non-contentious sports practise, covering sponsorship agreements, financial regulation of sport (including salary caps and financial fair play), M&A in sport, financing, governance, rules and regulations, transfers, player contracts and image rights.
Filippo Noseda Partner and Joint Wealth Planning Practice Group Leader, Withers LLP
Filippo is a dual-qualified English solicitor and Swiss lawyer (Rechtsanwalt) and advises clients on international tax and estate planning issues. Able to approach both common law and civil law issues from a practical perspective, he advises on the establishment and restructuring of both trusts and foundations as well as on UK and international tax issues. Filippo’s clients include wealthy individuals and governments.
Jordi Lopez Partner, Pintó Ruiz & Del Valle
Jordi Lopez is a Partner at the Spanish law firm Pintó Ruiz & Del Valle, working in the areas of corporate and sports law, and is Managing Partner of the firm. He is an Arbitrator at the Barcelona Arbitration Court (Tribunal Arbitral de Barcelona) and at the Spanish Football Arbitration Court (Tribunal Arbitral del Fútbol). He is also a Member of the Licenses Committee of the Spanish Football League. Jordi is also a Professor in several sports law courses.
Paul J. Greene Attorney/Founder, Global Sports Advocates LLC
Paul J. Greene is recognised by Chambers USA, Super Lawyers, Global Law Experts and Five Star Law as one of America’s leading sports lawyers. Paul handles sports law matters around the world and regularly appears before the CAS. Paul has been involved in many high-profile anti-doping matters including his representation of gold medalists Asafa Powell and Sherone Simpson in their appeal before CAS, which reduced their sanctions from 18 to 6 months each.
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SPEAKERS
Andrew Smith Barrister, Matrix Chambers
Andrew is a barrister practising from Matrix Chambers in London. He is ranked by the Chambers & Partners legal directory as a leading practitioner in the fields of employment and sports law: “Highlighted by peers for his growing football practice. He is an employment specialist who regularly acts for both managers and players in contractual disputes with clubs and governing bodies.”
Alexandre Miguel Mestre Of Counsel, Abreu Advogados, Lisbon
Alexandre Miguel Mestre is an experienced Sports Lawyer and Lecturer of Sports Law in several Universities. He holds a PhD European Sports Law (Edge Hill University) and a Master of Law and Management of Sport (ISDE – Madrid). Alexandre is the author of several books and articles related to Sports Law (e.g. ‘The Law of the Olympic Games’, Cambridge University Press/TMC Asser Institute, 2009). He is also the Former Secretary of State for Sport and Youth in Portugal.
Dr Johan-Michel Menke, LLM Partner, Heuking Kühn Lüer Wojtek
Menke studied law in Hamburg and Madrid and gained his doctorate in the field of Sports law (“Professional athletes between labor law and entrepreneurship“). Menke, Certified Expert for Labor Law, is Partner at Heuking Kühn Lüer Wojtek. He regularly publishes in the field of Sports Law (e.g: What to know about international football player transfers to Germany, The International Sports Law Journal, June 2014) and is a TV expert for labour and sports law (SKY, RTL etc.).
Pete Hackleton Partner, Saffery Champness
Pete advises a range of corporate and individual clients, primarily in the sports and entertainment sector. His major clients include both international and national governing bodies of sport, clubs, major venues, rights holders, and players. Pete regularly speaks at industry conferences about the key taxation issues in sport, as well as appearing in all forms of media. He is well known as a trusted adviser to major stakeholders across the sports industry
Steffen Asal Players agent & CEO, arena11 sports group (Munich)/ DFVV board member
Steffen Asal is a players agent & CEO of arena11 sports group, one of the leading players agencies in Germany. Steffen is a registered lawyer and has been a players agent since 2010, handling assessment of players & representation contracts. He looks after the management of legal affairs of arena 11 sports group and is also a board member of the DFVV (the german player´s agents association).
Raffaele Rigitano Partner, Rigitano Associates
Raffaele Rigitano is an attorney at law and Partner at Rigitano Associates in Naples, Italy. Raffaele holds two degrees; in Law (1992) and Law and Economics of Sport (2004). Rigitano Associates deals mainly with cases of labour law and sports law. Raffaele works as a football agent and currently sits as Vice President of A.I.A.C.S., the Italian Association of Football Agents. He is also an Advisor to Avvocaticalcio, the Italian Association of Attorneys in Football.
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SPEAKERS
Tom Cannon Emeritus Professor of Strategic Development, The University of Liverpool Management School
Emeritus Professor Tom Cannon is Professor of Strategic Development at The University of Liverpool Management School. He is an acknowledged expert on sports finance and economics. Besides advising several governments, corporations, clubs and individuals, Tom broadcasts regularly on TV and radio and writes for specialist sports and soccer magazines. He gave specialist advice to the All Party Parliamentary Review of Football Finance. Tom is an Everton supporter.
Rossano Cifonelli Director/Barrister, VII Law
Rossano Cifonelli was called to the Bar in 1998. He has considerable experience in the areas of commercial and business law. He also has experience in the areas of fraud (civil and criminal) and injunctions. Prior to being a barrister he undertook a number of business roles involving the negotiations of contracts and business development with major oil and gas exploration companies and banking organisations, including the Bank of England.
Carol Couse Consultant and Head of the Latin American Desk, Mills & Reeve
Carol is Head of the Latin American Desk at Mills & Reeve and specializes in sports law, in relation to contentious and non-contentious matters, regulatory advice and commercial work. Carol’s particular focus is on football and she advises clubs, players and agents on transfers, player contracts and immigration requirements. As a Spanish speaker, Carol often advises Spanish and Latin American clubs, players and agents on a wide range of legal issues.
Tom Serby Senior Lecturer, Anglia Ruskin University, Cambridge
Tom is a Senior Lecturer at Anglia Ruskin University, Cambridge, teaching business, employment, civil litigation and sports law. His research area is sports law, and he has had many articles published in peer reviewed journals. Tom has a particular interest in integrity in sport, whether that be corruption such as match-fixing or doping, or financial doping, an area which the Financial Fair Play regulations seeks to address.
Iain Taker Lawyer, Southampton FC
Iain Taker is currently a lawyer with Southampton FC and has extensive experience in sports, commercial and intellectual property law across a wide range of sports and in multiple jurisdictions. He is one of two in-house lawyers at Southampton FC who advise the club in relation to all aspects of the business ranging from high profile player transfer and contracts, sponsorship through to the supply of catering and hospitality services.
Pieter Paepe - Partner, Astrea
Pieter is attorney-at-law at the Brussels bar and partner at Astrea. His practice focuses on EU law (competition, state aid, internal market freedoms and regulatory affairs) and commercial law in general. He has acquired an extensive expertise in various industries, most notably sports, gaming, media and IT. In his areas of expertise, Pieter assists clients in both litigation and non-litigation matters. Pieter represents clients before Belgian and EU courts, the European Commission and the Belgian competition authority.
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FEATURED ARTICLE
Introduction
The execution of awards passed by CAS within the so-
called ordinary proceeding1 constitutes a problematic
issue to be dealt with, especially after the amendment
of Article 64 of the FIFA Disciplinary Code (‘FDC’) made
by means of FIFA Circular n. 1270 of 21 July 2011. It is
well-known that Art. 64 of the FDC allows the opening
of a disciplinary proceeding against those members of
the football family who fail to comply with a financial
or non-financial decision passed by a body of FIFA or
CAS.
The aforementioned provision has proven to be a
strong tool through which it is possible to quickly obtain
the fulfilment of a decision or award rendered by FIFA
or CAS. Indeed, a disciplinary proceeding and the risk
of a severe consequence affecting the sporting
activity constitute a strong deterrent from not
complying with decisions issued by those bodies.
With the implementation of Circular n. 1270, FIFA has
limited the range of application of Art. 64 of the FDC to
those CAS cases that had previously been dealt with
by a body or a committee of FIFA. Therefore, as from 1
August 2011 it is no longer possible to initiate a
disciplinary proceeding before FIFA to ensure the
respect of the CAS awards rendered within the
ordinary proceeding. The awards following an ordinary
proceeding before the CAS, as from that moment, in
principle, may only be enforced by means of the New
York Convention2 (‘NYC’).
As lawyers operating in the sports industry, we have
witnessed the practical consequences of such an
amendment, being involved in cases where despite
being successful in the ordinary proceeding we have
struggled to find a way to get the other party to
comply with the CAS award.
Indeed, several issues may arise from enforcement
through the NYC. For instance, national courts may
somehow interfere with the decisions taken by CAS
rejecting the recognition and execution of the awards
due to a conflict with national law or procedural
issues3.
Featured Article From World Sports Law Report
Practical analysis of Article 64 of the FIFA Disciplinary Code
The effective execution of an arbitral award issued by the Court of Arbitration for Sport (‘CAS’) is an essential aspect
of the football justice system. However, in 2011 FIFA introduced an amendment to Article 64 of the Disciplinary Code
that restricted the enforcement of CAS decisions through the FIFA disciplinary system exclusively to those issued in an
appeal proceeding. Lucas Ferrer, Partner at Pintó Ruiz & Del Valle, and Ornella Desirée Bellia, Legal Affairs Manager
at the European Professional Football Leagues, review this amendment and propose an alternative, which would
see arbitral awards from ordinary proceedings enforced by national associations.
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FEATURED ARTICLE
Furthermore, practical disadvantages may arise as
well. For example, in the case of a plurality of debtors
with different domiciles or with assets in different
countries the procedure should be carried out over
different jurisdictions with an evident increase in costs
and a more complex procedure.
It is therefore difficult to find the reason why FIFA
decided to change the private system of enforcement
they had in place previously that was working well. The
new approach discriminates between cases that have
access to an efficient and fast system of execution and
cases that simply do not. Indeed, only if the parties to a
contract agree on the jurisdiction of FIFA, can they
eventually rely on the efficient disciplinary system
provided by Art. 64 of the FDC. On the contrary, those
members of the football family who had agreed in their
contract to submit future disputes to CAS will not be
able to rely on such a private system of enforcement.
Thus, the scenario results in a kind of immunity from
sporting sanctions in the case of non-compliance with
decisions taken by a body, whose authority is fully
recognised by FIFA and all its members4.
Certainly, enforcement still remains possible through
the NYC, conducting the proper procedure in the
country where the creditor is domiciled or where the
principal assets are located. However, it cannot be
denied that, as already outlined, this procedure
presents all the problems associated with international
recognition and enforcement of court judgments and
usually takes much longer than the private system of
enforcement put in place by FIFA.
As we have already experienced some of these issues,
finding ourselves in the position of being unable to
assert our clients’ rights in a proper and fast way, in this
article we will present a possible alternative solution
that may also fit with the FIFA Statutes.
The risk of execution through the NYC
In general, national courts adopt a respectful attitude
towards arbitral awards as they only review the due
process components and enter into substantial matters
exclusively in cases where the award is inconsistent
with public policy, i.e. when fundamental and
generally accepted principles of law are breached
giving rise to an intolerable conflict with the notion of
justice in a way that the decision would appear
contrary to the accepted values existing in that State.
However, the risk of potential conflicts with national
laws and public policy cannot be disregarded.
According to Article V paragraph 2 a) of the NYC the
recognition and enforcement of an arbitral award may
also be refused if ‘the subject matter of the difference
is not capable of settlement by arbitration under the
law of the country.’
Taking into consideration that in several countries
employment-related disputes are not subject to
arbitration5, national courts may be reluctant to
recognise and enforce CAS awards whenever the
dispute concerns an employment matter. Thus, while
according to the Swiss Private International Law Act
(‘PILA’) and FIFA rules employment matters may be
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FEATURED ARTICLE
referred to arbitration, CAS awards may encounter
difficulties in being enforced in all of those countries
where such disputes are considered legally subject to
arbitration.
Alternative solutions for the enforcement of CAS
awards passed in ordinary proceedings
Even though Art. 64 of the FDC does not provide a
private system of enforcement for these awards, a
consistent interpretation of FIFA Statutes may allow an
alternative, more effective and faster solution to the
NYC.
Indeed, a combined interpretation of some provisions
laid down in the FIFA Statutes may provide the legal
basis for allowing a private enforcement mechanism to
those CAS awards rendered within the ordinary
proceeding.
First and foremost, it has to be noted that FIFA Statutes
oblige national associations with the responsibility to
ensure that their members comply with CAS decisions.
According to Art. 68 paragraph 1 of the FIFA Statutes:
‘national associations shall agree to recognise CAS as
an independent judicial authority and to ensure that
their members, affiliated, players and officials comply
with the decisions passed by the CAS.’
Furthermore, Art. 13 paragraph 1 a) foresees the
members’ obligation to fully comply with the FIFA
Statutes, while Art. 146.2 FDC states that: ‘the
associations shall, without exception, incorporate art.
64 of the FDC into their own Regulations.’
The combined interpretation of these articles leads to
the conclusion that national associations are obliged
to ensure decisions rendered by CAS against their
affiliates (without any distinction between ordinary or
appeal proceedings) are respected and if they do not
do so, disciplinary proceedings may be initiated
accordingly. Indeed, not only does each association
have to recognise the authority of CAS, but each
association also has to ensure that its members comply
with decisions of CAS.
Moreover, the failure of member associations to do so,
de facto disregarding a duty foreseen by the FIFA
Statutes, would see them subject to a disciplinary
proceeding by FIFA.
Indeed, as provided by the new wording of Art. 64 of
the FDC and duly explained in Circular n. 1270, even
associations are to be considered ‘offenders.’
Accordingly, disciplinary sanctions may be imposed on
them for not respecting the FIFA Statutes, i.e. for not
making sure that their members, affiliates, players and
officials comply with an award issued by CAS.
In other words and to recapitulate, while FIFA is no
longer competent to deal with decisions taken by CAS
in first instance proceedings, the competence to do so
now seems to be attributed to national associations.
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FEATURED ARTICLE
Accordingly, the prevailing party in an ordinary
proceeding before the CAS, in case of unfulfillment of
the award by the other party, should now be
addressed to the national association with which that
party is registered, requesting the initiation of
disciplinary proceedings against those who have not
complied with the CAS decision.
It should be noted that in a few cases FIFA has
confirmed such a construction. Indeed, FIFA has sent
letters to a few national federations6 threatening them
with a disciplinary proceeding for not having executed
decisions rendered by CAS against their affiliates,
notwithstanding the pertinent requests made by the
injured parties. Thus, it seems that FIFA has indirectly
recognised that national associations would be the
competent entities to enforce the above-mentioned
CAS decisions. However, this position of FIFA has not
been constant over the last few years.
For the sake of completeness, it is worthwhile to note
that the Asian Football Confederation has proved to
be in line with such a construction. Article 62.1 of the
AFC Statutes rewrites the wording of Art. 68.1 of the
FIFA Statutes and similarly dictates that ‘The Member
Associations shall agree to recognise CAS as an
independent judicial authority and to ensure that their
members, affiliated leagues, clubs, players and officials
comply with the decisions passed by CAS […].’ Based
on such a provision, Asian national associations have
been requested by the AFC to make sure that their
members’ comply with CAS awards passed in ordinary
proceedings. The AFC has made clear that failing to
do so, would result in the matter being referred to the
AFC disciplinary committee.
Conclusions
There is no doubt that the threat to impose disciplinary
measures has proven to be an effective way to ensure
the respect of financial obligations within the football
world.
However, the current wording of Art. 64 of the FDC, by
excluding from its scope of application CAS awards
passed in so-called ordinary proceedings, has created
a sort of immunity from sporting sanctions in cases of
non-compliance with these decisions. Furthermore, as
analysed in this article, those CAS awards are not
always easy to enforce by means of the NYC and
problems in the execution may arise, causing a big
delay - or even the impossibility - to obtain what is
granted in the award.
In order to overcome this situation, the recourse to a
private system of enforcement through member
associations is presented as a possible solution7. Having
said that, an amendment of Art. 64 of the FDC would
be desirable in order to bring more consistency and
certainty to the entire system and to guarantee equal
protection to all members of the football family in the
event of non-compliance with obligations agreed
within the football market.
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FEATURED ARTICLE
This solution would not only be consistent with the FIFA
Statutes, but it would also be beneficial for the entire
system of sports justice as the number of cases dealt
with by CAS is increasing year by year. It is undisputed
that the Court of Arbitration for Sport nowadays has a
huge importance in the football market and represents
the highest decision-making body that offers celerity,
high standards of expertise and independency.
To conclude this short essay, we do believe that the
failure to comply with CAS ordinary decisions could be
and should still be considered a disciplinary offence.
Lucas Ferrer, Partner
Pintó Ruiz & Del Valle, Barcelona
Ornella Desirée Bellia, Legal Affairs Manager
European Professional Football Leagues, Nyon
1. The Ordinary Proceeding is the arbitration procedure
derived from the agreement by two or more parties to submit
any disputes arising from a contract to the Court of Arbitration
for Sport. In this short essay, we will use the expression ‘CAS
ordinary decisions’ to indicate the awards issued following
ordinary proceedings.
2. United Nations Convention on the Recognition and
Enforcement of Foreign Arbitral Awards, 10 June 1958, 21 U.S.T.
2517 ( ‘NYC’). The NYC permits mutual recognition and
enforcement of awards in the courts of those nations that
have accessed the Convention as long as arbitration awards
meet minimum standards. The recognition and enforcement
of foreign awards may be refused only under some
circumstances.
3. Article V of the NYC.
4. Article 68 of the FIFA Statutes.
5. To name some examples, the prohibition to settle
employment-related disputes via arbitration is provided in
Spain, Brazil, many other South American countries, Qatar and
so on.
6. Some of these letters were sent in 2013 in a case regarding
the execution of an ordinary CAS award requested by a
football club against another club.
7. However, in order for this alternative solution to work the
association’s regulations must contain a provision dictating
the obligation to ensure the execution of FIFA and CAS
decisions, as required by Art. 146.2 of the FDC. It is worth
noting that some national associations already have such a
provision. In Brazil, for instance, Art. 75 of the Parágrafo Uníco
of the Estatuto Confederaçao Brasileira de Futebol establishes
that this confederation guarantees the respect and
enforcement of FIFA and CAS decisions. A similar provision is
contained in Art. 14.1 (e) of the Statutes of German
Association and in some other countries.
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Wembley Stadium Hilton
VENUE
Venue information
Address:
Hilton London Wembley
Lakeside Way Wembley, Middlesex HA9 0BUT: +44 (0) 20 8150 8090
Public transport:
Wembley Park Station - Jubilee and Metropolitan Lines
Wembley Stadium Station - Chiltern Railways Wembley Central Station - Bakerloo and London Overground Lines
Player Contracts 2016 will be held at the Wembley Stadium Hilton in London. The hotel has state of the art conference facilities, a leisure centre and bars offering panoramic views of Wembley Stadium.
Wembley stadium is the home of England's international football team and The Football Association. The Wembley stadium has played host to the Finals of the Champions League, FA Cup, Football League Cup and FA Community Shield. The stadium also regularly hosts other major sporting events including the 2012 Olympic Games, the 2015 Rugby World Cup, regular NFL games and many large music concerts. The stadium was designed by architects Foster + Partners and Populous - the arch is the longest single span roof structure in the world and is visible right
across London.
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HOW TO GET THERE
Transportation
Flying to London airports
• Heathrow Airport (21.5 km from Wembley): Heathrow Express train to Paddington Station and change to the
Bakerloo (Underground) to Wembley Central Station.
• Gatwick Airport (93 km from Wembley): Gatwick Express to Victoria. Change for the Underground Victoria Line
one stop to Green Park and then change for the Jubilee line to Wembley Park Station.
• Stansted Airport (69 km from Wembley): Stansted Express to London Liverpool Street Station and change for
the Metropolitan Line (Underground) to Wembley Park Station.
• Luton Airport (48 km from Wembley): Train to West Hampstead, change for the Jubilee line to Wembley Park
Station.
• London City Airport (40 km from Wembley): DLR to Canning Town and change for the jubilee Line to Wembley
Park Station.
National and international trains to London
King's Cross St. Pancras is the main connecting station for national rail and international lines (Eurostar). From
here you can travel to the stadium via the Metropolitan, Circle or Hammersmith and City lines to Baker Street
and change for the Jubilee line to Wembley Park.
Hotel information
Player Contracts 2016 attendees can take advantage of a 15% discount on the best available rate at the Hilton
London Wembley:
Lakeside Way
Wembley, Middlesex HA9 0BU
T: +44 (0) 20 8150 8090
To book under this special offer go to: http://bit.ly/22CM123
Or go to the Hilton London Wembley website/phone and use promotional code: GWSLA
Parking at the Hilton is £15.00 a day.
�22
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of the key decisions that shape the regulation of sport. Written by experts for experts, World Sports Law Report
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