Sports arbitration is a captivating field where law and sports converge to resolve some of the most intricate disputes in the professional realm. But what does it take to excel before the Court of Arbitration for Sport (CAS), the pinnacle of international sports justice? In this article, we explore the secrets to success in sports arbitration with Maite Nadal, a renowned lawyer and arbitrator with extensive experience at this prestigious tribunal. From preparation strategies and essential skills to avoiding pitfalls, we’ll uncover the insights needed to thrive in this high-stakes arena.
It all happened by pure chance. I didn’t even know sports law existed when I graduated from law school. I had always loved football but never realised that regulations and legal procedures governed it. My journey began when Javier Tebas, whose firm I started my career, allowed me to dive into sports law. It was entirely hands-on—I learned by working directly on real cases.
My first case before the Court of Arbitration for Sport was in 2004 when I was just a newly licensed lawyer. Then, in 2006 or 2007, I handled my first procedure as lead counsel. I never imagined this would become my path, let alone that I would one day serve as a CAS arbitrator. It’s been a journey shaped by unexpected opportunities and my determination to make the most of them.
The two roles are fundamentally different. As a litigator, you bear significant responsibility. You must master every detail of the case and be ready to respond to any unexpected developments during the hearing. It’s a role that demands meticulous organisation, adaptability, and extensive preparation.
In contrast, being an arbitrator is calmer in specific ways. Your primary objective is facilitating the process and ensuring that both parties reach a fair resolution within a flexible framework. You’re no longer advocating for a position—you’re guiding the hearing and ensuring it proceeds smoothly.
Although I enjoy both roles, I prefer litigating because it presents a dynamic challenge.
Becoming an arbitrator was a natural progression for me. After years of litigating before the Court of Arbitration for Sport, I was already well-acquainted with the procedures, how hearings unfold, and how arbitrators manage cases. This familiarity made the transition smoother, although it required a complete shift in perspective. Today, I have a clearer understanding of many less apparent aspects as a lawyer.
I didn’t actively seek my appointment. FIFA nominated me as an arbitrator, which typically happens when they believe you have the necessary experience, knowledge, and skills to handle cases in court. Prior experience as a litigator is crucial for being an effective arbitrator, as it gives you a more holistic view of the process and a deeper understanding of what the parties expect.
Litigating before the CAS is incredibly demanding. On one hand, you’re dealing with a highly specialised court where the arbitrators possess deep expertise in sports law, and often you’re up against colleagues who are proper authorities in the field. On the other hand, the CAS frequently applies Swiss law, which means you must be well-versed in this legal system and sports law.
Language also poses a challenge. While many proceedings now use Spanish, I worked exclusively in English or French for years, which adds another layer of complexity. Furthermore, it’s essential to recognise that the arbitral process is highly flexible. You can’t enter a hearing with a rigid idea of how it will unfold, as unexpected issues can arise at any moment.
I always offer the same advice: first, become a strong lawyer before specialising. Without a solid foundation in procedural law and litigation, it will be challenging to excel in sports law. Once you’ve mastered that, you can specialise through advanced training, like a master’s degree, but practical experience is equally crucial. Studying case law is essential to understanding how rules are applied and how arbitrators make decisions.
To become an arbitrator, you must gain experience as a litigator. Handling cases from a lawyer’s perspective gives you a unique understanding of the process, and this insight proves invaluable when serving on a panel.
Preparation is crucial. You can’t walk into a hearing without knowing every case detail. However, flexibility is also key—you must adapt to the unexpected. Arbitration is not like a courtroom trial, where the judge simply listens and then issues a ruling. Here, arbitrators may interrupt you to ask questions or redirect the discussion, so adjusting to those shifts is essential.
Another critical skill involves working effectively with witnesses. I avoid bringing witnesses unless necessary, as they can be a double-edged sword. When you decide to use them, ensure you know exactly what they will testify about and thoroughly prepare them.
Sports arbitration is not only a fascinating field, but also one of the most challenging in the legal realm. At Sports Law Hub, we invite anyone interested to delve deeper into this topic and learn from experts like Maite Nadal. If you’d like to learn more, don’t miss the full interview with Maite Nadal on our YouTube channel.
If you’re looking to specialize in sports arbitration, the Sports Arbitration Course by Sports Law Hub provides a comprehensive deep dive into regulations, procedures, and the analysis of complex cases. It equips you with valuable strategies and a broader perspective to excel in this field.
Don’t miss this excellent opportunity to elevate your career to the next level.
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