Our contribution to climate protection
Climate change is one of the greatest challenges of our time. This challenge can only be mastered if companies act sustainably. This requires, in particular, that CO2 emissions be reduced to a minimum and unavoidable emissions be compensated for in climate protection projects.
Martens Rechtsanwälte takes this social responsibility very seriously. Long before the COVID-19 crisis, we were already trying to reduce travelling and paper consumption as much as possible, in particular by using electronic file management and modern means of communication as far as possible.
Martens Rechtsanwälte takes this social responsibility very seriously. Long before the COVID-19 crisis, we were already trying to reduce travelling and paper consumption as much as possible, in particular by using electronic file management and modern means of communication as far as possible.
A good example for this is the Basketball Arbitral Tribunal, which we developed and have been administering since 2007 and which can be considered a pioneer in international arbitration regarding sustainable conduct of proceedings. Communication in proceedings has always taken place almost exclusively by electronic means, which has not only saved large amounts of paper in almost 1600 proceedings thus far, but has also prevented many trips due to numerous telephone and video conferences instead of personal meetings.
Furthermore, we have always endeavoured to replace travelling by plane and car with travelling by train as far as possible.
In order to contribute even more to climate protection in the future, we decided at the beginning of this year to compensate for all CO2 emissions that are caused by our business operations. This not only takes into account business trips, but also the energy consumption required for our office premises, the travel to and from work of our individual employees, catering, working materials and any waste created. The CO2 value calculated from these factors is compensated by a payment to climate protection projects. For the year 2020, we recently made a corresponding payment to atmosfair. Atmosfair has received many awards for sustainable CO2 compensation projects (Atmosfair Test and Comparative Studies).
According to the certificate issued by atmosfair, 24,130 kg of CO2 greenhouse gases have been compensated by our payment. Business trips to be undertaken in the second half of 2020, along with any other unforeseen emissions, will be compensated separately at the end of this year.
Furthermore, we have always endeavoured to replace travelling by plane and car with travelling by train as far as possible.
In order to contribute even more to climate protection in the future, we decided at the beginning of this year to compensate for all CO2 emissions that are caused by our business operations. This not only takes into account business trips, but also the energy consumption required for our office premises, the travel to and from work of our individual employees, catering, working materials and any waste created. The CO2 value calculated from these factors is compensated by a payment to climate protection projects. For the year 2020, we recently made a corresponding payment to atmosfair. Atmosfair has received many awards for sustainable CO2 compensation projects (Atmosfair Test and Comparative Studies).
According to the certificate issued by atmosfair, 24,130 kg of CO2 greenhouse gases have been compensated by our payment. Business trips to be undertaken in the second half of 2020, along with any other unforeseen emissions, will be compensated separately at the end of this year.
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.’ “
