Martens Rechtsanwälte publish an Article on the Problem of “Political” Protest of Football Players on the Pitch
In their article, Maximilian Wegge and David Menz take a closer look at the question of what form of "political" protest by players is currently possible under the FIFA rules and to what extent it is necessary to adapt the existing regulations. For the full article, please click here.
Heiner Kahlert will be speaking at the online forum „Covid-19 and Sports Law”
On 1 July 2020, Heiner Kahlert will be speaking at the online forum „Covid-19 and Sports Law”, which is supported by the German Court of Arbitratrion for Sport (DIS-Sport) and DIS 40. Registrations are still possible. Please note that the forum will be conducted in German. For the invitation and the programme, please click here.
Martens Lawyers successfully represent the World Bridge Federation in a damage claim
Dr Heiner Kahlert and David Menz have successfully represented the World Bridge Federation (WBF) in civil court proceedings before the Regional Court of Cologne.
The WBF was sued by two senior bridge players for payment of economic and moral damages in a total amount exceeding EUR 150,000. The background to the claim was that due to the players having illicitly communicated with each other by way of coughing at the 2013 World Championship, the WBF had subsequently disqualified them from the tournament, annulled their championship title, and banned them for life as a pair. The Dusseldorf Court of Appeals had declared the ban, but not the disqualification and the annulment of the title, invalid in 2017.
The Regional Court of Cologne dismissed the damage claim almost in its entirety. Only a very small portion of the claimed economic damages (related to legal fees incurred in the proceedings before the WBF judicial body in 2013) was awarded to the claimants. However, the claim for moral damages was dismissed in full. With regard to the latter, the court held that the claimants failed to proof a violation of their personality rights by the WBF which could justify a monetary compensation, not least because there were sufficient indicators for them having indeed violated the rules of the game as per the WBF’s accusations.
The Regional Court of Cologne dismissed the damage claim almost in its entirety. Only a very small portion of the claimed economic damages (related to legal fees incurred in the proceedings before the WBF judicial body in 2013) was awarded to the claimants. However, the claim for moral damages was dismissed in full. With regard to the latter, the court held that the claimants failed to proof a violation of their personality rights by the WBF which could justify a monetary compensation, not least because there were sufficient indicators for them having indeed violated the rules of the game as per the WBF’s accusations.
Martens Rechtsanwalte informs about the FIFA Circular Letter 1714 on Regulatory issues in the face of COVID-19
Please find the summary of the FIFA Circular Letter 1714 on Regulatory issues in the face of COVID-19 here.
The Basketball Arbitral Tribunal (BAT) received case 1500
The Basketball Arbitral Tribunal (BAT), which was developed by Martens Rechtsanwälte, received its first case on 29 May 2007. Since then, the number of requests for arbitration submitted to the BAT each year has increased almost every year. After a little more than 13 years, the BAT has now received its 1500th case.
Since its creation, the BAT, with its innovative mechanism to resolve contractual disputes quickly and cost-effectively, has developed into a well-established international court of arbitration that has become the second-biggest sports arbitral tribunal in the world, based on case numbers. The arbitrators decide ex aequo et bono and their awards have gradually built a jurisprudence creating equitable principles in relation to recurrent issues in the context of basketball contracts.
In March 2019, the BAT hosted its first user conference. By developing further the rules and the administration of the proceedings, the BAT is dedicated to constantly improving the user-friendliness of the system.
For additional information on the Basketball Arbitral Tribunal, please click here.
For additional information on BAT’s jurisprudence, please click here.
In March 2019, the BAT hosted its first user conference. By developing further the rules and the administration of the proceedings, the BAT is dedicated to constantly improving the user-friendliness of the system.
For additional information on the Basketball Arbitral Tribunal, please click here.
For additional information on BAT’s jurisprudence, please click here.
Martens Lawyers advise on Odriozola-transfer to FC Bayern Munich
Dr Heiner Kahlert and David Menz advised the Spanish national team player Álvaro Odriozola on his loan from Real Madrid to FC Bayern Munich. Martens Lawyers cooperated with Rodrigo Garcia of Laffer Abogados in Madrid with whom they had already collaborated on the transfer of Arturo Vidal from Juventus FC to FC Bayern Munich.
Dr Heiner Kahlert listed as “Future Leader“ by Who’s Who Legal
The renowned international legal directory Who’s Who Legal has once again listed Dr Heiner Kahlert as a “Future Leader” in arbitration (Germany). The directory is based on independent research consisting in particular of surveys amongst clients and competitors. According to Who’s Who Legal, Dr Heiner Kahlert "garners praise for his exceptional practice and is described by peers as 'highly recommended, brilliant counsel, and an extremely well-prepared arbitrator'."
Christian Keidel in an interview for SPORT1 about the WADA decision to ban Russia from international competitions
WADA decided to ban Russia from international competitions and to allow Russian athletes only under certain circumstances to compete under a neutral flag in such competitions. In an interview with SPORT1, Christian Keidel expresses his opinion on the WADA decision.
The complete Sport1 article (in German) can be found here.
Fenerbahçe Istanbul succeeds in two proceedings before the Court of Arbitration for Sport (CAS)
CAS 2018/A/5746, Trabzonspor Sportif Yatirim et al v. Fenerbahçe Futbol A.S., Turkish Football Federation & FIFA:
Christian Keidel and David Menz successfully represented Fenerbahçe against an appeal filed by Trabzonspor which inter alia requested the CAS to award the championship title for the Turkish Super League 2010/2011 to Trabzonspor instead of Fenerbahçe. The CAS dismissed Trabzonspor’s appeal in its entirety. For the CAS’ press release, please click here.
CAS 2018/A/5950, Valencia Club de Fútbol, S.A.D. v. Fenerbahçe Spor Kulübü:
Christian Keidel and Paul Fischer successfully represented Fenerbahçe against a claim from Valencia for reimbursement of solidarity contribution payments triggered by the transfer/buy-out of the football player Luis Carlos Almeida da Cunha, better known as “Nani”. The CAS confirmed the decision by the FIFA Dispute Resolution Chamber (DRC) according to which Valencia owed Fenerbahçe the buy-out fee for the transfer of Nani net of solidarity contribution and therefore could not ask for any reimbursement.
Christian Keidel and David Menz successfully represented Fenerbahçe against an appeal filed by Trabzonspor which inter alia requested the CAS to award the championship title for the Turkish Super League 2010/2011 to Trabzonspor instead of Fenerbahçe. The CAS dismissed Trabzonspor’s appeal in its entirety. For the CAS’ press release, please click here.
CAS 2018/A/5950, Valencia Club de Fútbol, S.A.D. v. Fenerbahçe Spor Kulübü:
Christian Keidel and Paul Fischer successfully represented Fenerbahçe against a claim from Valencia for reimbursement of solidarity contribution payments triggered by the transfer/buy-out of the football player Luis Carlos Almeida da Cunha, better known as “Nani”. The CAS confirmed the decision by the FIFA Dispute Resolution Chamber (DRC) according to which Valencia owed Fenerbahçe the buy-out fee for the transfer of Nani net of solidarity contribution and therefore could not ask for any reimbursement.
Heiner Kahlert publishes commentary on the New York Convention
The commentary, which was authored by Prof. Dr. Ulrich Haas and Dr. Heiner Kahlert as co-authors, is part of the 3rd edition of the „Practitioner’s Handbook on International Commercial Arbitration“, published recently by Oxford University Press (Editors: Frank-Bernd Weigand und Antje Baumann). On approximately 200 pages, the commentary illuminates in detail the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the “New York Convention”.
The Convention safeguards the almost world-wide recognition and enforcement of arbitral awards on the basis of harmonized requirements, making it a highly important instrument in the practice of international arbitration.
For further information on the publication, please click here.
Martens Rechtsanwaelte hosted the first BAT User Conference in Munich
For information, presentations and photos, please click here.
Martens Lawyers assisted Anthony Modeste before FIFA
Christian Keidel and Dr Paul Fischer have assisted Anthony Modeste in his request for the issuance of the International Transfer Certificate (ITC) before FIFA. The ITC was issued today. Hence, Anthony is eligible for the important match of Cologne FC against SC Paderborn 07 this coming Friday.
For further information, please click here.
Dr Heiner Kahlert listed as “Future Leader“ by Who’s Who Legal
The renowned international legal directory Who’s Who Legal has listed Dr Heiner Kahlert as a “Future Leader” in arbitration (Germany). The directory is based on independent research consisting in particular of surveys amongst clients and competitors.
Reproducing the comments it received from the market in relation to Dr Kahlert, Who’s Who Legal writes as follows: “Heiner Kahlert is ‘a very thorough and hard-working advocate’ who boasts ‘outstanding organisational skills’. One source says, ‚He is one of the brightest minds I have ever worked with.’ “
Dr Dirk-Reiner Martens attended as a speaker the workshop on evidence taking of the International and Comparative Law Research Center (ICLRC) in Moscow
On 9 November, 2018, the International and Comparative Law Research Center with the support of the Russian Arbitration Center at the Russian Institute of Modern Arbitration held a workshop on "Evidence before international courts and tribunals: distinct fora, similar approaches?". The workshop was held in the format of consecutive panel discussions. Dr Martens, other judges and participants in proceedings before international courts, professors of Russian and foreign universities took part in the event. They presented reports and answered questions from other speakers and the audience. Dr Martens gave a presentation on “Evidence Taking in Sports Arbitration”.
Over 100 participants attended the event, including representatives of business and state authorities as well as an international internet audience.
