News archive 2022

New BAT Arbitration Rules

On 1 January 2022, the new version of the BAT Arbitration Rules came into effect. The new rules include an adjustment of the amount to be paid as handling fee for a BAT arbitration and provide an additional purpose for the use of monies from the "BAT Fund". The new version of the BAT Arbitration Rules and an explanation of the most relevant amendments are available here.
The BAT is a true arbitral tribunal for the resolution of financial disputes in the world of basketball. The BAT was established in 2007 by the founder of our law firm, Dr. Dirk-Reiner Martens, in cooperation with the international basketball federation (FIBA) and has been administered by Martens Rechtsanwälte ever since. Measured by annual case numbers, the BAT is one of the largest sports arbitration courts in the world.

NJW Report on the Development of Sports Law

Dr Heiner Kahlert and David Menz published a report on the development of sports law in 2021 in the Neue Juristische Wochenschrift (NJW), the legal journal with the highest circulation in Germany.
The report is published on pp. 3700-3706 of the 51/2021 edition of the NJW and provides an overview of relevant decisions from various legal fields affected by sports law. From now on, such a report will be published in the NJW every year. This also reflects the steadily increasing importance of sports law in practice and academics.

Dr Heiner Kahlert once again listed by Who’s Who Legal as „Future Leader Arbitration“

For 2022 and, thus, the fourth time in a row, the renowned international legal directory Who’s Who Legal has listed Dr Heiner Kahlert as a “Future Leader” in arbitration. The listing is based on independent research, in particular surveys amongst clients and peers. The repeat listing highlights the special expertise of Heiner Kahlert in national and international arbitration proceedings, in which he acts both as counsel and as arbitrator.
In addition, Heiner Kahlert is currently listed by Who’s Who legal as  "Global Leader Sports 2021" and "National Leader Germany – Sports & Entertainment 2021" (both listings have not yet been published for 2022).

Dr Heiner Kahlert elected into DIS Advisory Council

At the General Assembly of the German Institute for Arbitration (DIS) held last Friday, Dr Heiner Kahlert was elected into the DIS Advisory Council, which provides advice to the DIS Board of Directors. The Advisory Council comprises 21 members from different organisations and professions having a special interest in arbitration.
For more than 10 years, Heiner Kahlert has been an active member of DIS and DIS40 – German Initiative of Young Arbitration Practitioners. He served for three years as a DIS40 Regional Coordinator and is currently a member of the Working Group that is drafting the new DIS Sports Arbitration Rules.

Dr Tinusch Jalilvand received certificate as “Data Protection Officer (TÜV) according to the GDPR and the new German Federal Data Protection Act”

For years, Tinusch Jalilvand has been dealing intensely with diverse questions of data privacy laws, with a particular focus being data protection in sports. Earlier this week, he received a certificate as "Data Protection Officer (TÜV) according to the GDPR and the new German Federal Data Protection Act”.
Many companies, but even more sport clubs and associations, do not currently meet the applicable requirements under data privacy laws – neither in relation to their privacy policies nor regarding other required documentation nor with respect to the practical implementation of data protection issues. Following the recent practice of data protection authorities and looming claims against different stakeholders in sports, it is to be expected that European data protection authorities will from now on assess more closely whether specifically clubs and associations comply with data privacy laws, failing which they may be sanctioned. Tinusch helps our clients to implement the complex requirements of data privacy laws in practice, with a view to avoid any fines, claims for damages and reputational harm.

Dr Heiner Kahlert elected to IIHF Ethics Board

At the IIHF’s Congress held last weekend, Dr Heiner Kahlert was elected to the newly created Ethics Board of the International Ice Hockey Federation (IIHF) The Ethics Board is an independent body consisting of five equal members. In particular, it is responsible for investigating into alleged violations of the IIHF’s Code of Conduct. If the Ethics Board considers that a violation has occurred, it refers the matter to the Directorium or Disciplinary Board of the IIHF for a decision on displinary sanctions.

Article by Dr. Heiner Kahlert on athletes’ freedom of speech

Together with our former trainee lawyer Dr. Marie-Christin Bareuther, Dr. Heiner Kahlert has published an article in Germany’s most-read legal journal (NJW) on athletes’ freedom of speech during sports event. The article reports in particular on the IOC’s new guidelines that were adopted shortly before the Olympic Games in Tokyo. Compared to previous practice, the guidelines widen the scope of admissible political statements during the Olympic Games and increase to some extent legal security in respect of sanctions for any violations. In addition, the authors argue for a harmonized approach across different sports. The article was published on page 5 of NJW edition 23/2021.

Dr Heiner Kahlert appointed as member of AIBA’s Governance Reform Group

The International Boxing Association AIBA has appointed Dr Heiner Kahlert of Martens Lawyers as one of five international legal experts to sit on the newly created Governance Reform Group. The task of this independent body, which will be chaired by Professor Dr Ulrich Haas, will be to issue recommendations based on internationally accepted best practices in order to assist AIBA in meeting the highest standards of good governance. For AIBA’s corresponding press release, please click here.

New sports law organisation „Junges Netzwerk Sportrecht“

Dr. Heiner Kahlert and David Menz, together with Alexander Engelhardt and Niklas Luft, have established the sports law organisation "Junges Netzwerk Sportrecht". The organisation offers young lawyers from German-speaking countries, who have an interest in sports law, a forum for the exchange of ideas and additional legal training for . For further information on this organisation, including membership, please click here.
The first online event (German language) with the topic "Athletes' Rights in 2021" will take place on May 7, 2021, starting at 17:00. More information on the registration and the programme is available here.

If you are interested and for future events and news of the Junge Netzwerk Sportrecht, you can also join the Linkedin group.

Martens Lawyers holds Webinar on Quotient Rule

David Menz and Maximilian Wegge held a webinar with the topic "Quotient rule in amateur football- fair and just?" on 21 April 2021. The webinar provided information on the current situation in amateur football due to the Covid-19 pandemic and analysed the problems of determining the relegated teams of a cancelled season by applying a quota system.

Our CO2 Compensation for the Second Half of 2020

After our compensation payment to atmosfair on 02.06.2020, we have now also compensated our CO2 emissions in the amount of 21,740 kg for the second half of 2020. 
Due to the Covid19 situation, the carbon footprint of our law firm has been significantly reduce. In particular, business trips have become much rarer and, due to working from home, we have saved on commuting between the office and our homes. The carbon dioxide emissions nonetheless caused by our firm in the second half of 2020 have now been compensated by us. It bears noting that in doing so, we have added a generous supplement on the amount calculated for our office premises, in order to account for the increased energy consumption in our homes due to our home office arrangements. Once again, we paid the compensatory amount to atmosfair and, according to the certificate issued, 21,740 kg of CO2 greenhouse gases have been compensated.

Dr Heiner Kahlert included in Who’s Who Legal Sports & Entertainment

Dr Kahlert has been included in Who’s Who Legal (WWL) as a National Leader for Germany in Sports & Entertainment 2021. According to WWL’s survey amongst peers and clients, “Heiner Kahlert comes in for high praise thanks to his outstanding knowledge of sports law and his work advising and representing clients in complex contentious proceedings.” In addition, just as in the previous two years, Dr Kahlert will also feature in WWL’s listing of Future Leaders Arbitration 2021, which will be published shortly.

FIBA establishes the Dr Dirk-Reiner Martens Award

At its session of 6 November 2020, the FIBA Central Board approved the establishment of the Dr Dirk-Reiner Martens Award.

The Award will be presented every two years to an individual who has made a significant academic contribution in the area of basketball-related legal matters and/or the resolution of international sports disputes. The award reflects Dr Martens' commitment to constantly improve the sports regulatory framework and to support young sports lawyers.

Almost coinciding with the first anniversary of his sudden passing, the creation of this Award is a wonderful recognition of Dr Martens’ legacy in the areas of sports law and dispute resolution. Martens Rechtsanwälte extends its heartfelt gratitude to FIBA.

David Menz participated as speaker in the “FIFA Executive Programme in Sports Arbitration”

David Menz gave a presentation on the BAT as part of the course "Executive Programme in Sports Arbitration" organised for the first time by FIFA. This course is aimed at executives from the world of sports and is designed to familiarise them with the specifics of arbitration in sports through various lectures by recognised experts in this field.