Dr Heiner Kahlert and Maximilian Wegge publish report on online platform “Lexology”
Dr Heiner Kahlert and Maximilian Wegge have once again contributed to the chapter on dispute resolution in Germany in the 2024 Report on the online platform “Lexology”. This Report is part of the tool "Panoramic" , which provides in-house lawyers with answers to the most important legal and regulatory questions that may arise in business transactions and legal disputes in Germany. The Chapter focuses on the topics of court proceedings, arbitration proceedings, as well as alternative dispute resolution. We are pleased to continually be part of this annual publication. For more information on the annual report, please click here .
Ling Goh and Juliane Schneider publish article on the evolution of a human rights-based approach in women’s sport
Ling Goh and Juliane Schneider have published an article in LawInSport in which they take Caster Semenya's case before the European Court of Human Rights (ECtHR) as an opportunity to shed light on the development of a human rights-based approach in women's sport. After many years of legal battles, Caster Semenya's case is currently being heard by the Grand Chamber of the European Court of Human Rights in Strasbourg. Since the decision of the International Court of Arbitration for Sport (CAS) five years ago, her case has contributed significantly to the fact that potentially discriminatory sports rules are viewed more closely through the lens of human rights in the academic debate.
The article highlights how human rights are taking on an increasingly important role in the regulation and resolution of disputes in sport, particularly in relation to the participation and inclusion of women in sport. Cases such as those of Dutee Chand and Lia Thomas show how these legal disputes influence the approach to regulating gender equality in sport.
Dr Heiner Kahlert appointed arbitrator for the Olympic Games
For 30 years now, the Court of Arbitration for Sport (CAS) has set up a so-called "ad hoc Division" at every Olympic Games. In a very short timeframe, the ad hoc Division decides on legal disputes arising during the Olympic Games. For each edition of the Olympic Games, a small number of CAS arbitrators are selected to be on call for the duration of the Olympic Games to adjudicate on these disputes.
Dr Heiner Kahlert will be the only German arbitrator in the ad hoc Division at the Paris Olympics, together with 11 other arbitrators from all continents. To reduce the carbon footprint of the CAS ad hoc Division, for the first time three of the arbitrators, including Dr Kahlert, will not be on site at the Olympic Games but will be available in their offices to decide arbitration cases.
Further information on the CAS ad hoc Division (as well as the Anti-Doping Division, which adjudicates as a first instance) can be found in today's CAS press release.
Dr Heiner Kahlert again listed by Who’s Who Legal as „Thought Leader Sports & Gaming“
For 2024, the renowned international legal directory in arbitration Who’s Who Legal (WWL)’s has listed Dr Heiner Kahlert as “Thought Leader Sports & Gaming”. The listing is based on independent research, in particular surveys amongst clients and peers. The repeat listing reaffirms Heiner Kahlert’s standing as a leading international expert in sports law.
BAT hosts Webinar for the Introduction of the Payment Order Procedure (POP)
On 13 February 2023, the Secretariat of the Basketball Arbitral Tribunal (BAT) hosted a webinar for BAT users and other interested parties in order to introduce the new BAT Payment Order Procedure (POP).
More than 200 participants attended the webinar during which David Menz, Deputy Head of BAT Case Management, explained the functioning of the POP as well as the associated BAT rules and answered questions by the participants regarding the procedure.
The high number of participants as well as their active participation in the webinar shows the great interest of the basketball community in this new mechanism for resolving financial disputes.
The BAT is convinced that the POP will further promote the fast, simple and cost-efficient resolution of financial disputes in the world of basketball.
David Menz, Dr Tinusch Jalilvand and Juliane Schneider publish article on “Greenwashing” in sport in SpoPrax
Greenwashing in sport? This accusation has been increasingly levelled at clubs and associations in recent years. In their article in SpoPrax 1/24, David Menz, Dr Tinusch Jalilvand and Juliane Schneider shed light on the legal framework that underpins, but can also refute, the accusation of unfair representations of one's own environmental performance. The topic will continue to gain in importance, particularly as a result of the planned (and in some cases already adopted) regulation of "green claims" at European level. Stakeholders in the world of sport should therefore carefully consider whether and how they go public with environmental claims about their own activities.
Heiner Kahlert, David Menz and Maximilian Wegge once again listed in the “Who’s Who Legal Germany Report 2024 (hosted by Lexology)”
We are thrilled that Heiner Kahlert, David Menz und Maximilian Wegge have once again been listed as considered leaders in their field in the “Who's Who Legal Germany Report 2024 (hosted by Lexology)” in the category “Sports and Entertainment 2024”. A huge thank you goes out to all the clients and peers who have voted for us. We see this award as an incentive to continue supporting our clients with enthusiasm and dedication.
BAT introduces Payment Order Procedure (POP)
With the new edition of its arbitration rules (which enter into force on 1 February 2024), the Basketball Arbitral Tribunal (BAT) introduces the new Payment Order Procedure (POP).
The POP is comparable to default judgements before state courts (e.g. the European order for payment procedure) and is arguably the first of its kind in the context of international (sports) arbitration.
This procedure provides for the BAT to issue a payment order for a monetary claim at a claimant's request without examining the merits of the claim if some basic requirements are fulfilled and the claim is not contested by the respondent. The final payment order shall have the effects of a final and binding arbitral award between the parties and qualifies as “decision” in the terms of Article 3-335 of the FIBA Internal Regulations.
For further information on the POP, please click here.
Dr. Heiner Kahlert appointed as new co-editor of SpuRt
Dr. Heiner Kahlert has been appointed as one of the eight new editors for the German sports law journal "Zeitschrift für Sport und Recht" (SpuRt).
SpuRt has been providing its readership with case law and academic articles on sports law since 1994 and has earned an excellent reputation in both academia and practice. Together with the other editors, Dr. Heiner Kahlert will ensure that SpuRt continues to meet the highest quality standards in the future.
