Services Overview
Sports Arbitration – Court of Arbitration for Sport - CAS
Espen Auberg is one of about 300 CAS arbitrators from 87 countries who is on the closed list of CAS arbitrators, and is regularly nominated by parties in cases for CAS. As a CAS arbitrator, Espen Auberg arbitrates cases related to contractual disputes between clubs, football players and other football stakeholders, and appeals of disciplinary decisions issued by national and international associations, such as UEFA and FIFA.
For further on the process of nominating an arbitrator at CAS, please read this article.
Football related litigation and dispute resolution
Espen Auberg has spent more than ten years as a sports lawyer in the football industry and has gained substantial experience in football related litigation and dispute resolution, involving football clubs, football players, football coaches and managers, agents/intermediaries and other football stakeholders. The unique working relationship between a football club and a player, where the player, unlike other employees, is bound to the club for the entire contract period, requires a sports lawyer with a deep understanding for the football regulations as well as for national labour law and for dispute resolution mechanism when handling disputes.
Sponsorship agreements and marketing rights
Sponsorship agreements and marketing rights agreements allows a company to profit from the image, goodwill, reputation and publicity of an individual athlete or organisation typically in exchange for a financial remuneration. Espen Auberg has drafted numerous sponsorship agreements as a sports lawyer, taking into consideration the specific needs for the involved parties.
Sports related disciplinary cases
Over the years Espen Auberg has been involved in a large number national and international disciplinary cases as a sports lawyer, such as on-field incidents and alleged breaches of transfer regulations and disciplinary regulations, involving clubs, players, managers, coaches and international associations such as UEFA and FIFA. The football regulations, in particular the UEFA and FIFA regulations, can be complicated. Espen Auberg offers support to clubs, players and others who are involved in disciplinary cases.
Claiming transfer fees, training compensation and solidarity contribution
Every year close to 17,000 international transfers are concluded at a total cost of more than EUR 7 billion. Many transfers lead to disputes between clubs either because the transfer fee is not paid in full, or because claims for training compensation or solidarity contribution are not met. FIFA has established judicial bodies that are competent to handle these claims. Espen Auberg has significant experience as a sports lawyer in handling claims for transfer fees, training compensation and solidarity contribution.
For more about training compensation and solidarity mechanism, please read this article.
Contract Termination
The working relationship between a football club and a football player or a football coach differs from ordinary employment relationships in many ways. Contrary to ordinary working conditions, the parties bind themselves to each other for a set period of time, where the financial consequences of breaking the contract could be significant. Espen Auberg has significant experience in handling claims between clubs, players, coaches and managers following early termination of a contract.
Mediation
Espen Auberg is the only sports lawyer who is certified as mediator by the Norwegian Bar Association, and offers mediation primarily in sports related disputes.
Governance and regulatory projects
Espen Auberg is a sports lawyer who has considerable experience in establishing regulatory frameworks within national and international sports organisations, such as drafting constitutional documents, statutes, Code of Ethics, transfer regulations and disciplinary regulations, as well as establishing independence in decision-making bodies. In this process due consideration must be taken to secure independence to panels and committees.