Christian Keidel has been advising the Bundesliga club 1. FC Cologne in connection with the transfer of Anthony Modeste to Tianjin Quanijan. After four weeks of complex negotiations the parties agreed on the last day of the Chinese Football Association’s transfer window on a loan with a following option for a permanent transfer. With a fee of more than EUR 30 million the transfer of Modeste is the most valuable in FC Cologne’s history.
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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 has constantly increased: from 2 cases in 2007 to 158 cases in 2016. After a little less than 10 years, the BAT has now received its 1000th case.
Since its creation, the BAT has grown from an innovative mechanism to resolve contractual disputes quickly and cost-effectively into a well-established international sports tribunal. 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. For additional information on the Basketball Arbitral Tribunal, please click here. For additional information on BAT’s jurisprudence, please click here.
Dr Dirk-Reiner Martens and Alexander Engelhard have published an article on the Pechstein case in the current issue of Business Law International. The article titled "Is the Pechstein Saga Coming to an End?" summarises the proceeding, its background, and explains its importance for the sports world. For the article, please click here.
Dr Dirk-Reiner Martens and Alexander Engelhard have contributed the chapter on German sports law also to the 2nd edition of the Sports Law Review; a practical, business-focused legal guide for all relevant stakeholder groups in the area of sports, including sports business entities, sports federations, sports clubs, and athletes.
On the basis of a research conducted by Law Business Research ltd. among environment experts and law firm clients in the field of Sport Christian Keidel has been selected by “Who’s Who Legal” as being among the world’s leading sports and entertainment lawyers.
In a chapter for the Yearbook of International Sports Arbitration 2015 (Antoine Duval, Antonio Rigozzi) Erika Hasler, Associate at the law firm Lévy Kaufmann-Kohler in Geneva, gives an overview of the process of the Basketball Arbitral Tribunal (BAT) and its decisions. For the article, please click here.
Just a few days ago, Martens Lawyers have filed an appeal on behalf of Atlético Madrid against a FIFA decision before the Court of Arbitration for Sport (CAS) in Lausanne. The appealed decision imposes a monetary fine and a transfer ban for two transfer periods on Atlético Madrid, based on an alleged violation of rules on the transfers of minors.
In the recently published international handbook “The Gambling Law Review”, Dr Heiner Kahlert has authored the chapter on German gambling law. He provides an overview over the complicated and fragmented legal situation in Germany for different kinds of gambling. For a download of the chapter, please click here.
With the beginning of the 2016 Summer Olympic Games in Rio, also sport arbitration is going to face again a time of high speed dispute resolution. For the eleventh time, the Court of Arbitration for Sport Ad Hoc Division (CAS AHD) will hold on-site hearings in disputes related to the Olympic Games and will deliver decisions within 24 hours from the submission of the claim, or within a timeframe compatible with the competition schedule.
In two articles for LawInSport Christian Keidel and Alexander Engelhard give an overview about the operation and legal structure of the AHD, and at the AHD case law. For the articles please click the following links: "The legal framework of the CAS Ad Hoc Division at the Rio Olympic Games" and "Key CAS Ad Hoc Division cases handed down at the Olympic Games".
Dr Dirk-Reiner Martens has been selected by the US-Publisher “Best Lawyers” on the basis of recommendations by his peers to be included in the list of “Best Lawyers in Germany 2016″ in the practice area of Arbitration. The survey was conducted under exclusive partnership with the Handelsblatt. For the respective (German) article, please click here.
The German Federal Court (“BGH”) dismissed Claudia Pechstein’s claim against the International Skating Union (“ISU”) for damages in the amount of EUR 4.4 million. Contrary to the previous instances, the BGH found that Mrs. Pechstein had signed a valid arbitration agreement in favor of the Court of Arbitration for Sport (“CAS”) which leads to the inadmissibility of the claim and upheld the appeal filed by the ISU.
The BGH concluded - that the ISU did not abuse its dominant market position when it requested an arbitration agreement in favour of the CAS from Mrs Pechstein as requirement for the participation in ISU competitions. The previous instance, the Higher Regional Court of Munich (OLG München) had based its adverse finding inter alia on the assumption that the interests of federations and athletes would be diametrically opposed. The BGH followed the argumentation of the ISU and found that in particular in the fight against doping, federations and athletes have parallel interests. For the press release of the BGH (in German), please click here.
On 26 April 2016, Dr Heiner Kahlert was awarded with the First Prize of the Sponsorship Award 2015/2016 of the German Institution of Arbitration (DIS - Deutschen Institution für Schiedsgerichtsbarkeit e.V.) for his PhD thesis on confidentiality in arbitration.
The award ceremony took place on the occasion of the Gala Dinner on the evening before the DIS Spring Conference. Every two years, the DIS awards outstanding academic works in the field of alternative dispute resolution with this sponsorship award. For further information on the DIS Sponsorship Award, please click here.
The DIS40 held its annual spring conference on 26 April 2016 in Hamburg on the topic “The Future of Arbitration and Arbitration of the Future”. Dr Heiner Kahlert participated in a panel which looked at the topic from various perspectives in short speeches, and discussed it with the audience.
The speech by Dr Heiner Kahlert with the title “The Court of Innovative Arbitration – Back to the Future of Arbitration“ presented this novel court of arbitration established by Martens Rechtsanwälte, and explained in particular the concept of ex aequo et bono. For further information on the Court of Innovative Arbitration (COIA) please click here.
The Indian National Bar Association (INBA), New Delhi, India, and the Court of Innovative Arbitration (COIA), Munich, Germany, are breaking new ground with a view to offer efficient dispute resolution to Indian parties. Litigation before Indian Courts is very tedious and costly and thus frightens off in particular foreign companies. INBA has entered into a cooperation agreement with COIA with a view to establishing a speedy and inexpensive arbitration mechanism as an attractive alternative. The experts of COIA have extensive experience in the efficient administration of arbitral proceedings and in particular with. For the full press release, please click here.