José Carlos Páez

Lawyer

José is a Spanish qualified lawyer with more than thirteen years of experience as practicing lawyer (Freshfields; Uría Menéndez; and own practice) and as corporate legal counsel.

He holds a dual degree in Law and Business Administration and has completed several LLMs, namely in business law at Instituto de Empresa Law School in Madrid, in European law at Carlos III University in Madrid, in EU competition law at King’s College London, and in sports law. José has also pursued a specialization in arbitration and international contracts through the completion of a number of postgraduate courses and certificates.

He has a very international profile, having developed his professional activity in Madrid, Brussels, Zurich, Lisbon and Rome in the fields of sports law, EU and competition law, international contracts and arbitration, and telecommunications law.

Other than Spanish, which is José’s mother tongue, he is fluent in English, French and Italian (full professional proficiency) and has good knowledge of German and Portuguese (professional working proficiency).

Currently, José (still a candidate, after having successfully passed the first phase) is preparing to complete his qualification as a Solicitor (England & Wales) through the Qualified Lawyers Transfer Scheme.

 

 

Email: jose.paez@nebotpaez-abogados.com

Languages

Mother tongue.

Full professional competence:
CPE (Certificate of Proficiency in English); and
ILEC (International Legal English Certificate).

Full professional competence:
CFJ (Certificat Français Juridique).

Basic professional competence:
Zertifikat Deutsch (ZD);
Zertifikat Mittelstufenprüfung (ZMP) level C1 of the Common European Framework of Reference for Languages (MCER); and
Prüfung Wirtschaftsdeutsch International (PWD – German for business).

Full professional competence:
Certificato di conoscenza della Lingua Italiana (CELI) 5 (level C2 of the MCER).

Basic professional competence:
Examen oficial CAPLE – Diploma Avançado Português Lingua Estrangeira (level C2 of the MCER).

Areas of practice

José has completed a specialization (LLM in sports law) and has experience in sports law, having held a position as legal counsel at FIFA and having collaborated with two of the most prestigious and well-reputed Court of Arbitration for Sport (CAS) arbitrators at the moment: Rui Botica Santos and Massimo Coccia, during his respective stays in Lisbon (Portugal) and Rome (Italy).

He has acted as court clerk in CAS proceedings and undertaken the representation of clubs, federations and athletes, as lawyer. Apart from CAS proceedings, José has been involved in many sports law-related matters, amongst other, he has represented a professional football player and his new club before Spanish Courts against a lawsuit for termination in breach of a buyout clause in accordance with Article 16(1) of the Spanish Royal Decree 1006/85.

José advises clubs, agents and professional footballers on contractual and regulatory matters relating to national and international player transfers (FIFA’s Regulations on the Status and Transfer of Players; TMS system; etc.), representation, image rights, employment contracts, etc.. He also represents them in litigation before judicial and disciplinary bodies of different federations (Dispute Resolution Chamber and Players Status Committee at FIFA; UEFA; CAF; etc.) as well as before CAS. Similarly, he assists national federations before FIFA with the naturalization of players for sports purposes.

José is author of a study on the application of EU competition law to Sport («La aplicación de las normas económicas del Tratado sobre el Funcionamiento de la Unión Europea a las federaciones deportivas, ligas, clubes y deportistas»), and a co-author of the chapter dedicated to employment-related CAS case law in «Relações de Trabalho no Desporto – Direito Nacional e Comparado».

Amongst others, some sport-law topics José has written about are:

A review of the 2018 Report on the Football Transfer Market: In an article published on the website of World Sports Advocate, I analyse the legal aspects in the 2018 Report to the European Commission on the Football Transfer Market, whilst assessing how successful the previous 2013 Study has been in promoting actual changes to the regulatory landscape governing the player transfer market (EN).

– Griezmann case – views on the possible consequences of Atlético de Madrid’s complaint before FIFA against FC Barcelona for the latter’s contact with Antoine Griezmann, who is under contract with Atlético: article on Iusport.com; interviews in El Partidazo (COPE radio station) and on TV (La Sexta and beIN Sports) (SP).

«Spanish competition authority fines Spain’s professional basketball league» (World Sports Law Report, May 2017 issue) (EN).

El País newspaper quoted me explaining how FIFA rules on eligibility to play in national teams operate in relation to Serbia’s interest in calling up Bojan Krkic (22 September 2016) (SP).

Interview published on European Union specialized publication Aquí Europa about state aid in sports (16 September 2016) (SP).

«Procedural remedies and actions against a CAS award» (World Sports Law Report, November 2015 issue) (EN).

«Termination for convenience / buy-out clauses in professional sports in Spain» (Issue 49 (October-December 2015) of Revista Aranzadi de derecho del deporte y del entretenimiento) (SP).

«Q&A: The CJEU rejects Striani referral in FFP challenge» published on the website of World Sports Law Report (EN).

– «FIFA sanctions FC Barcelona & Spanish FA: analysis» (article and video, World Sports Law Report, April 2014 issue) (EN);

– Decision by the Portuguese Constitutional Court on the Portuguese Court of Arbitration for Sport: CDES – Jurisport (coauthor) (FR).

– “The initiation of State aid formal investigation proceedings against the Spanish clubs” (Revista Española de Derecho Deportivo, No. 33 (2014-1), pages 55-90) (SP).

– “The Sale of Broadcasting Rights of Spanish Football Competitions under Competition Law” (Lex Sportiva Journal, Vol. I, Issue 2, 2013) (EN).

– Several articles on a wide variety of sports-related topics published on the sports-law specialized website www.iusport.com (SP).

– Diego Costa case: El Mundo (SP); AS (SP); El País (SP); Radio Marca (radio program “Intermedio”) (SP); and World Sports Law Report (EN).

– «Player eligibility: the Diego Costa case» (World Sports Law Report, February 2014 Issue);

– «The decisions to initiate State aid formal investigation proceedings against the Spanish clubs (La incoación de los procedimientos de investigación formal de ayudas de Estado a los clubes españoles») (Revista Española de Derecho Deportivo, No. 33 (January-June 2014);

– «FIFA sanctions to FC Barcelona & Spanish FA: analysis» (World Sports Law Report, No. April 2014);

– «LFP’s demands to the Spanish Government regarding the regulation of broadcasting rights («Sobre la exigencia de la LFP al Gobierno en torno a los derechos audiovisuales del fútbol») (Iusport, 8 January 2015);

– «Q&A: The CJEU rejects Striani referral in FFP challenge» (published on the webpage of World Sports Law Report, July 2015);

– «Procedural remedies and actions against a CAS award» (World Sports Law Report, No. November 2015); and

– «Termination for convenience/ buyout clauses in professional sports in Spain («Las cláusulas de rescisión en el ordenamiento jurídico deportivo español») (No. 49 (October-December 2015) Aranzadi Legal Journal on SportS and Entertainment).

José contributes to different media (El Mundo; AS; El País; Iusport; “Intermedio” show at Radio Marca; etc.) on sports law matters.

 

Sports law

José is more directly involved in arbitration work, especially international sport arbitration proceedings since he joined FIFA’s legal department in 2012, having acted as ad-hoc clerk and as lawyer in the representation of claimants and defendants before de Court of Arbitration for Sport in Lausanne (CAS).

Since then, José has acted as counsel in appeals against decisions of national and international sports federation before the Court of Arbitration for Sport (CAS) in proceedings conducted in Spanish, English and French; and as secretary of the arbitral tribunal and assistant to several arbitrators in commercial arbitration, namely Miguel Ángel Fernández-Ballesteros and Clifford J. Hendel, both in national and international proceedings, to date in relation to disputes regarding energy, construction, corporate law, telecommunications, insurance and contract law, subject to Spanish law and foreign law and this in proceedings with seat in Spain and abroad.

In an effort to add to his practical experience, José has completed a number of arbitration courses:

– 5th edition of the online course on specialization in arbitration, organized by various Spanish Bar Associations.

International Commercial and Investment Arbitration – Theory and Practice at Università Roma Tre: One-week program conducted by scholars, in-house counsels, and first level practicing lawyers, with a theoretical and practical orientation, including interactive workshops on commercial and investment arbitration.

– International Chamber of Commerce Arbitration training course: The course provides with (i) a comprehensive review of the arbitration process form the initial arbitration agreement to the award, paying particular attention to the operation of the ICC international Court of Arbitration, and to the application of the 2012 ICC Rules of Arbitration; and (ii) an insight into interim and conservatory measures (including the emergency arbitrator) as well as costs.

– A course on International Arbitration jointly organized by the Chartered Institute of Arbitrators (CIArb) and the Centre for International Arbitration, Mediation and Negotiation (CIAMEN). This course focused on international arbitration. After successfully passing the mandatory assessment, José has obtained his CIArb certification and is now registered as Member of the Chartered Institute of Arbitrators (MCIArb).

– IInd Congress on investment arbitration CIADI/ICSID – CIAMEN (12 & 13 April 2018): “ICSID: Its proceedings in the light of the most recent case law and the amendments to the Arbitration Rules. Spain and its renewable energy cases”. Programme conducted by Gonzalo Flores, Deputy Secretary General of ICSID.

José is a member of the Club Español del Arbitraje.

 

Arbitration

In his professional activity, José has dealt as an in-house counsel and as a lawyer with contracts (franchise; agency; construction; etc.) that due to their elements (parties of different nationalities; international transportation; foreign applicable law; etc.) must be classified as international; and so has learnt to adapt to their specificities and has also gained experience in advising in their preparation and enforcement.

In his professional activity, José has dealt as an in-house counsel and as a lawyer with contracts (franchise; agency; construction; etc.) that due to their elements (parties of different nationalities; international transportation; foreign applicable law; etc.) must be classified as international; and so has learnt to adapt to their specificities and has also gained experience in advising in their preparation and enforcement.

In addition, as part of his continuous efforts to improve his skills as an international lawyer, during October and November 2015, José participated in the International Programme on French Law of the Paris Bar Association. The Paris Bar Association International Programme on French Law consists in a one-month course on French law at the Training Centre of the Paris Bar Association (École de Formation du Barreau) and a one-month secondment at a French law firm in Paris; which José did at the international team (Pôle Internacional) of DS Avocats.

To his professional experience José has added a specialization in international contracts by completing a number of courses in this field; all of which with the ultimate aim of providing an always better service to clients.

Amongst the courses on international contracts completed by José the following are worth mentioning:

“Going Global”- International Chamber of Commerce (ICC) training on trading internationally: The course (i) provides a detailed guide to International Trade for both exporters and importers, looks at the additional risks and challenges faced by them when expanding into international markets, and how to address them; (ii) outlines how to make an effective sales agreement that meets the needs of all parties and the legal framework supporting it, documentation required and key issues around transportation, customs, payment and finance structures; and (iii), finally, looks at dispute resolution, e-commerce and intellectual property.

FIDIC Conditions of Contracts – Training Course on Red and Yellow Book: The programme is organized by FIDIC and comprises 9 sessions over a five months period. The aim of the training is to become conversant with the main FIDIC Contracts. To this end, the course programme is based on lectures in combination with directly related case work through which participants work on real life cases and are trained on the application of the various contract conditions. FIDIC conditions of contract are increasingly being used in the international construction industry and in projects financed by international development banks.

International Contracts Anual Seminar organized by the International Chamber of Commerce (ICC): This programme gathered 28 lawyers and international contract experts from over 24 countries such as Oman, Japan, USA or Bangladesh. Seminar focused on the most important phases on international contracting: quality contract negotiation and wording, with the goal of enabling parties to preserve a long-term commercial relation; pre-contractual management; and the different conflict resolution methods. Likewise, through practical cases and presentations, the most common problems in international contracts get to be analyzed.

 

International commercial contracts

José has pursued a specialization in EU and Competition Law (Masters in EU Law and Postgraduate Diploma in EU Competition Law) and has experience working with EU and competition law related matters.

He had the chance of working in the Directorate General for Competition of the European Commission under its prestigious internship programme. Following this, José joined the Antitrust, Competition and Trade team at Freshfields Bruckhaus Deringer at Brussels, as a lawyer. After that, he became an associate in the EU Law and Competition department of Uría Menéndez, working in the Madrid and the Brussels offices.

As a Competition Law expert, José has advised national and international clients on matters regarding mergers and acquisitions, infringement proceedings and applications for leniency before the Spanish Markets and Competition Commission. At the same time, he has prepared legal notes on competition matters as a step in decision to file a claim before the competent competition authorities.
Author of a work on the application of the economic rules of the Treaty on the Functioning of the European Union to sports associations, clubs, leagues, and sportsmen («La aplicación de las normas económicas del Tratado sobre el Funcionamiento de la Unión Europea a las federaciones deportivas, ligas, clubes y deportistas»).

Similarly, José has written a number of articles:

– «The Sale of Broadcasting Rights of Spanish Football Competitions under Competition Law» (Lex Sportiva Journal, Vol. I, Issue 2, 2013);

– «The initiation of State aid formal investigation proceedings against the Spanish clubs» (Revista Española de Derecho Deportivo, No. 33 (2014-1), pages 55-90)

– «Q&A: The CJEU rejects Striani referral in FFP challenge» World Sports Law Report» (World Sports Law Report webpage, July 2015); and

– Several articles on a wide number of topics published on the sports-law specialized website: http://iusport.com/col/96/jose_carlos_paez_romero_/.” rel=”nofollow” target=”_blanck”>

 

EU Law and competition

José has experience in the telecom sector not only advising on EU Law and Competition law, but also as legal counsel of Interoute Communications Ltd (ICL), a telecoms operator. He was responsible for the legal matters of ICL’s subsidiaries in Spain and for advising other companies of the group across Europe. Among other things, José was in charge of leading negotiations of contracts with customers (corporate and public), suppliers and partners mostly across Europe; providing legal advice on regulatory, data protection, and public procurement in the telecoms sector. In addition, José participated together with external counsel in the preparation of lawsuits related to the activities of ICL as a telecoms operator.

José has completed several courses on TMT law:

– Data protection; and

– Internet Law course: e-commerce and intellectual and industrial property in internet.

 

Telecommunications law and new technologies

José is a business lawyer by education, having completed a dual-degree in Law and Business. In line with this, after several years of practice, in order to round out his preparation as a business lawyer he completed an LLM in Business Law at the Law School of Instituto de Empresa (Madrid), intended for experienced lawyers and focused on enhancing legal and tax knowledge from a business standpoint.

José has advised companies not only as a practitioner but also as in-house counsel of multinational companies in the telecoms and sports sectors. Similarly, while practicing with his own firm, José has assisted businesses and professionals with very diverse business law matters, managing them on his own or collaborating with lawyers specializing in specific areas when the circumstances so require.

 

Business law

Latest news

Davis Cup finals: our partner, José Páez, appointed to the ad hoc panel of arbitrators

25/11/2019

2019/12/10|0 Comments

Sport Resolutions appoints our lawyer José Páez to the International Tennis Federation Davis Cup Finals ad hoc panel.

The September 2019 issue of our Sports & Music Law Newsletter on sports law is now available

4/10/2019

2019/10/04|0 Comments

You can read our September 2019 Sport & Music Law Newsletter HERE. If you prefer to receive it every month directly in your inbox, then please send us an email to info@nebotpaez-abogados.com indicating in the [...]