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.
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.