Having been nominated by the Formula 1 teams and by the German Motor Sport Federation (DMSB), Dirk-Reiner Martens has been re-appointed for a futher term as judge of the International Tribunal of the Fédération Internationale de l'Automobile (FIA).
The Brazilian international Fred had tested positive for the banned diuretic hydrochlorothiazide during the Copa America in June 2015. Despite the positive test Shakhtar fielded Fred in the Third Qualifying Round of the UEFA Champions League 2015/16 (28 July/5 August 2015) in the two games played against Fenerbahçe. Subsequently, Fenerbahçe had filed a protest against the match results before the UEFA disciplinary bodies.
The protest was dismissed. Against this decision, Fenerbahçe, represented by Christian Keidel and Alexander Engelhard, has lodged an appeal with the CAS on 5 February 2016. On the same day, FIFA has extended the retroactive one-year doping ban imposed against Fred by the South American football confederation CONMEBOL on 14 December 2015 to have worldwide effect as of 27 June 2015. For the corresponding FIFA press release, please click here.
Dr Dirk-Reiner Martens and Alexander Engelhard have contributed the chapter on German sports law to the 1st edition of the Sports Law Review.
The Sports Law Review covers 16 jurisdictions (e.g. Switzerland, England, Brazil), each chapter provided by renowned sports law practitioners in the relevant jurisdiction. For a copy of the chapter on German sports law published in the Sports Law Review please click here. For more information on the Sports Law Review please contact Martens Rechtsanwälte or visit the publisher's website.
Dr Heiner Kahlert has been added to the Panel of Arbitrators of the Cairo Regional Centre for International Commercial Arbitration (CRCICA). The CRCICA, which has branches in Alexandria and Port Said in addition to its headquarters in Cairo, is one of the most important courts of arbitration in the MENA region. Whereas parties are not restricted to the CRCICA’s Panel of Arbitrators when choosing an arbitrator, the CRCICA is bound to appoint from among this panel when exercising its role as an appointing authority under the CRCICA Arbitration Rules.
On 16 November 2015 CAS dismissed an appeal filed by Sheikh Salman Al-Sabah and the Kuwait Shooting Federation (KSF) at the Court of Arbitration for Sport (CAS) against the International Sport Shooting Federation (ISSF) concerning the result of the 2014 re-election of Mr Olegario Vasquez Raña for ISSF President.
The ISSF represented by Christian Keidel defended its position during a two day hearing at CAS in which 26 witnesses have been examined by the Panel and the party representatives. In its award CAS rejected all of the Appellants’ allegations against the validity of Mr Vasquez Raña’s election. CAS held in particular that Mr Vasquez Raña die not improperly utilise propaganda using ISSF resources and that ISSF officials did not disseminate any rumours about KSF or Sheikh Al-Sabah prior to the election, which improperly interfered with the election process. For the press release of the Court of Arbitration for Sport, please click here.
Under the title “Back to the Roots of Arbitration”, Dr Dirk-Reiner Martens and Dr Heiner Kahlert reported about the Court of Innovative Arbitration (COIA) both on the Kluwer Arbitration Blog and on LexisNexis. While the former article is a classical blog entry, the latter is an interview in which COIA is discussed in greater detail. You will find more information on COIA here and on the website of COIA.
Andreas Zagklis and Heiner Kahlert, together with Ivan Zaldua of the Spanish law firm of Zaldua, Garcia & Asociados, represented the MotoGP rider Jorge Lorenzo before CAS. Being a party affected by the outcome of the CAS arbitration between Valentino Rossi and the International Motorcycling Federation (FIM), Jorge Lorenzo filed a submission requesting to intervene or, alternatively, to be considered as amicus curiae.
CAS decided to admit Lorenzo’s submission on file as an amicus curiae brief. Two days later, and following a hearing before CAS between Rossi and FIM, the CAS dismissed the request for provisional measures filed by Rossi, who will start in the last position of the final MotoGP race of the season in Valencia. For the press release of the Court of Arbitration for Sport, please click here.
Following the great success of the Basketball Arbitral Tribunal (BAT) with more than 750 cases to-date, with parties from around the globe, and an ongoing approx. 150 new requests for arbitration per year, Martens Rechtsanwälte is transferring the concept into the world of Commercial arbitration.
The BAT consistently sees large, multi-million Euro or USD claims as well as extremely small, four-digit claims. This result is largely due to the special features of BAT procedure (sole arbitrator, English language proceedings, short time limits, hearings not in every case). The single most important factor is the fact that BAT arbitrators decide disputes ex aequo et bono unless agreed otherwise by the parties (which very rarely happens). This success story triggered the idea to apply the above principles to the commercial arbitration world, albeit with certain amendments to the rules in order to respond to the needs of the wider commercial community. For further information go to our website under Laboratory and to the COIA Website.
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 2015" in the practice area of Arbitration. The survey was conducted under exclusive partnership with the Handelsblatt. For the respective (German) article, please click here.
Andreas Zagklis and Dr Heiner Kahlert of Martens Rechtsanwälte have been advising the Chilean national player Arturo Vidal in connection with his transfer from Juventus Turin to FC Bayern Munich. Martens Rechtsanwälte collaborated in this matter with Rodrigo Garcia and José Lasa of Laffer Abogados in Madrid. The transfer fee, which is reported to be between EUR 37 million and EUR 40 million, makes the transfer one of the most expensive in the history of the German Bundesliga. According to media reports, Mr. Vidal signed a four-year contract in Munich with the option for an extension for a fifth year. The annual salary is reported to be around EUR 10 million.
Martens Rechtsanwälte, likewise in cooperation with Spanish colleagues, had already advised Javi Martínez (in 2012, to date the most expensive transfer into the German Bundesliga) and Xabi Alonso (in 2014) in relation to their transfers to FC Bayern Munich.
In an article for LawInSport Christian Keidel and Alexander Engelhard give an overview of the factual and regulatory evolution of club ownership in Germany, explaining in detail the 50+1 rule and its application in practice by looking at the examples of TSG 1899 Hoffenheim, TSV 1860 Munich and RasenBallsport Leipzig. For the article "Football club ownership in Germany - less romantic than you might think", please click here.
Supported by Martens Rechtsanwälte, the International Basketball Federation FIBA launched a new version of the online platform 3x3planet.com. This platform combines characteristics of a social network with mechanisms to administrate the basketball discipline "3 on 3".
Martens Rechtsanwälte developed the entire legal framework of the platform and the discipline and was responsible also for the revision of the legal framework triggered by the launch of the new version. In particular, this required an innovative interlocking between IT law and sports law regulations.
The International Sports Law Journal (ISLJ) has established itself as one of the leading periodicals in the area of sports law, both national as international.
Published twice yearly, it encourages scholarship and writing on sports law matters from academics and writers from around the globe. The success of the journal has been predicated on a strict, blind and independent peer review system. In this, Andreas Zagklis was asked by the ISLJ to join the distinguished panel of occasional peer reviewers.
The Basketball Arbitral Tribunal (BAT) is again celebrating: case 700 was initiated!
The BAT was developed by Martens Rechtsanwälte in 2007 and is since administered by us. It is an independent and highly efficient arbitration procedure for resolving disputes in basketball between professional players, agents and clubs. Since the first proceeding was initiated on 29 May 2011, the number of incoming requests for arbitration has dramatically increased year by year. For additional information on this taylor-made dispute resolution system, please click here.