Dispute Resolution

  • WE REPRESENT YOUR INTERESTS

The resolution of legal disputes has always been one of Martens Rechtsanwälte’s core competencies. In addition to state court litigation, this is particularly true for arbitration. With us, you will find highly specialised counsel and arbitrators with whom you can take full advantage of the special features of arbitral proceedings.

We have many years of experience in state court litigation as well as domestic and international arbitration. Our expertise extends to proceedings in commercial, investment, and sports law. Before state courts, we represent your interests in particular also in cases that are related to pending or terminated arbitral proceedings, such as requesting the annulment or enforcement of arbitral awards or challenging the appointment of arbitrators.

Our work as a counsel

As a counsel, we pursue your interests passionately, while placing the highest demands on the quality of our work.

Starting with an analysis of the causes of the conflict, we work with you to define a comprehensive procedural strategy that takes into account your personal and economic interests as well as the possible perspective of the other side and that of the court. Our thoughts and actions are shaped by creativity and pragmatism. Our focus is always on finding a genuinely sustainable solution for you. Of course, we always consider also the possibilities of out-of-court dispute resolution.

Your proceedings will be conducted throughout by an experienced lawyer who will handle the mandate himself and who can be contacted personally by you. If the needs of your case require a team of several lawyers, we attach great importance to lean structures and the avoidance of unnecessary inefficiencies.

Our work as arbitrators

At Martens Rechtsanwälte you will find independent and steadfast arbitrators who know how to bring a legal dispute to an efficient and legally secure end, while always keeping an eye on the possibility of an amicable solution based on the desire of the parties.
As arbitrators, we attach particular importance to our personal independence and integrity. We fully understand the great responsibility that is associated with accepting to serve as an arbitrator. We are also firmly convinced that all parties to the legal dispute are better served if arbitrators do not see themselves as “advocates” for the party who nominates them.

Furthermore, we attach great importance to conducting our arbitration proceedings as efficiently as possible. We strongly believe that it is essential that an arbitral tribunal does not conduct its proceedings as if it were a state court. Arbitral tribunals enjoy considerably greater freedom in devising the proceedings. Due to our extensive experience in domestic and international arbitration, we are very familiar with a wide variety of arbitration strategies and procedural instruments. That is why we are in a position to fully utilize the flexibility that is available in terms of procedural design and thus make the most out of the main advantages of arbitration.

Notable cases

  • Presiding arbitrator (Dr Heiner Kahlert) in an ad-hoc arbitration on commercial agent claims in the insurance sector
  • Presiding arbitrator (Dr Heiner Kahlert) in a DIS arbitration regarding a corporate law dispute in the field of aviation
  • Member of the counsel team for the Federal Republic of Germany in an ad-hoc arbitration regarding tolls on German highways
  • Representing a German company in a corporate law DIS arbitration in the automobile industry
  • Representing an English metal trader in an ICC arbitration regarding warranty claims under the CISG
  • Representing a German service provider in an ICC arbitration related to compensation claims
  • Representing a multinational company in a post-M&A CAS arbitration
  • Representing multiple sports federations before German courts against damage claims (e.g. the International Skating Union in the “Pechstein” case)
  • Representing multiple sports federations before German courts in antitrust and European law proceedings concerning the validity of regulations or disciplinary sanctions
  • Representing an Australian sporting goods manufacturer before German courts related to commercial and trademark law claims against a former distributer
  • Representing a party to a construction arbitration before the Court of Appeals of Munich in relation to the challenge of the presiding arbitrator
  • epresenting a party in setting-aside proceedings before the Court of Appeals of Frankfurt with respect to an arbitral award in the pharmaceutical sector
  • Representing a party to an association law arbitration before the Bavarian Supreme Court in order to declare the arbitration inadmissible

For more information and notable cases in relation to sports law disputes, please click here.