News archive 2020

Martens Rechtsanwalte informs about the FIFA Circular Letter 1714 on Regulatory issues in the face of COVID-19

Please find the summary of the FIFA Circular Letter 1714 on Regulatory issues in the face of COVID-19 here.

The Basketball Arbitral Tribunal (BAT) received case 1500

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 each year has increased almost every year. After a little more than 13 years, the BAT has now received its 1500th case.
Since its creation, the BAT, with its innovative mechanism to resolve contractual disputes quickly and cost-effectively, has developed into a well-established international court of arbitration that has become the second-biggest sports arbitral tribunal in the world, based on case numbers. 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.

In March 2019, the BAT hosted its first user conference. By developing further the rules and the administration of the proceedings, the BAT is dedicated to constantly improving the user-friendliness of the system.

For additional information on the Basketball Arbitral Tribunal, please click here.
For additional information on BAT’s jurisprudence, please click here.

Martens Lawyers advise on Odriozola-transfer to FC Bayern Munich

Dr Heiner Kahlert and David Menz advised the Spanish national team player Álvaro Odriozola on his loan from Real Madrid to FC Bayern Munich. Martens Lawyers cooperated with Rodrigo Garcia of Laffer Abogados in Madrid with whom they had already collaborated on the transfer of Arturo Vidal from Juventus FC to FC Bayern Munich.

Dr Heiner Kahlert listed as “Future Leader“ by Who’s Who Legal

The renowned international legal directory Who’s Who Legal has once again listed Dr Heiner Kahlert as a “Future Leader” in arbitration (Germany). The directory is based on independent research consisting in particular of surveys amongst clients and competitors. According to Who’s Who Legal, Dr Heiner Kahlert "garners praise for his exceptional practice and is described by peers as 'highly recommended, brilliant counsel, and an extremely well-prepared arbitrator'."

Christian Keidel in an interview for SPORT1 about the WADA decision to ban Russia from international competitions

WADA decided to ban Russia from international competitions and to allow Russian athletes only under certain circumstances to compete under a neutral flag in such competitions. In an interview with SPORT1, Christian Keidel expresses his opinion on the WADA decision. The complete Sport1 article (in German) can be found here.

Fenerbahçe Istanbul succeeds in two proceedings before the Court of Arbitration for Sport (CAS)

CAS 2018/A/5746, Trabzonspor Sportif Yatirim et al v. Fenerbahçe Futbol A.S., Turkish Football Federation & FIFA:
Christian Keidel and David Menz successfully represented Fenerbahçe against an appeal filed by Trabzonspor which inter alia requested the CAS to award the championship title for the Turkish Super League 2010/2011 to Trabzonspor instead of Fenerbahçe. The CAS dismissed Trabzonspor’s appeal in its entirety. For the CAS’ press release, please click here.
CAS 2018/A/5950, Valencia Club de Fútbol, S.A.D. v. Fenerbahçe Spor Kulübü:
Christian Keidel and Paul Fischer successfully represented Fenerbahçe against a claim from Valencia for reimbursement of solidarity contribution payments triggered by the transfer/buy-out of the football player Luis Carlos Almeida da Cunha, better known as “Nani”. The CAS confirmed the decision by the FIFA Dispute Resolution Chamber (DRC) according to which Valencia owed Fenerbahçe the buy-out fee for the transfer of Nani net of solidarity contribution and therefore could not ask for any reimbursement.

Heiner Kahlert publishes commentary on the New York Convention

The commentary, which was authored by Prof. Dr. Ulrich Haas and Dr. Heiner Kahlert as co-authors, is part of the 3rd edition of the „Practitioner’s Handbook on International Commercial Arbitration“, published recently by Oxford University Press (Editors: Frank-Bernd Weigand und Antje Baumann). On approximately 200 pages, the commentary illuminates in detail the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the “New York Convention”.
The Convention safeguards the almost world-wide recognition and enforcement of arbitral awards on the basis of harmonized requirements, making it a highly important instrument in the practice of international arbitration. For further information on the publication, please click here.

Martens Rechtsanwaelte hosted the first BAT User Conference in Munich

For information, presentations and photos, please click here.

Martens Lawyers assisted Anthony Modeste before FIFA

Christian Keidel and Dr Paul Fischer have assisted Anthony Modeste in his request for the issuance of the International Transfer Certificate (ITC) before FIFA. The ITC was issued today. Hence, Anthony is eligible for the important match of Cologne FC against SC Paderborn 07 this coming Friday. For further information, please click here.

Dr Heiner Kahlert listed as “Future Leader“ by Who’s Who Legal

The renowned international legal directory Who’s Who Legal has listed Dr Heiner Kahlert as a “Future Leader” in arbitration (Germany). The directory is based on independent research consisting in particular of surveys amongst clients and competitors. Reproducing the comments it received from the market in relation to Dr Kahlert, Who’s Who Legal writes as follows: “Heiner Kahlert is ‘a very thorough and hard-working advocate’ who boasts ‘outstanding organisational skills’. One source says, ‚He is one of the brightest minds I have ever worked with.’ “

Dr Dirk-Reiner Martens attended as a speaker the workshop on evidence taking of the International and Comparative Law Research Center (ICLRC) in Moscow

On 9 November, 2018, the International and Comparative Law Research Center with the support of the Russian Arbitration Center at the Russian Institute of Modern Arbitration held a workshop on "Evidence before international courts and tribunals: distinct fora, similar approaches?". The workshop was held in the format of consecutive panel discussions. Dr Martens, other judges and participants in proceedings before international courts, professors of Russian and foreign universities took part in the event. They presented reports and answered questions from other speakers and the audience. Dr Martens gave a presentation on “Evidence Taking in Sports Arbitration”. Over 100 participants attended the event, including representatives of business and state authorities as well as an international internet audience.

Martens Lawyers advise the Drone Racing League (“DRL”)

Christian Keidel and David Menz advised the DRL during the organization and implementation of the semi-final of the DRL Allianz World Championship 2018 in the BMW Welt in Munich on 28 July 2018 (“Level 6: BMW Welt”). For further information about this trend sport and the event in the BMW Welt, please visit DRL’s homepage and click here.

Christian Keidel new Member of Rex Sport

Christian Keidel is very honored to have been accepted as member of the prestigious Rex Sport Association.
Rex Sport is an international association of sport law practitioners, founded in February 2002 and located in Barcelona, Spain. The Association gathers sport lawyers at present from 19 different countries, including CAS arbitrators as well as Attorneys specialized in the field of sports law with a considerable and proven expertise in providing assistance to the global sports community. For further information on the association, please click here.

Martens Lawyers successfully represent 1. FC Köln in disciplinary proceedings before the UEFA Appeals Body

Christian Keidel and David Menz successfully assisted 1. FC Köln in an appeal proceedings against a decision of the UEFA Control Ethics and Disciplinary Body (CEDB) following the UEFA Europa League match against FC Crvena in December 2017. The appealed decision had revoked the probation for a ban on selling tickets for the next away match in any UEFA competition and a monetary fine which had been previously imposed following Köln’s match against Arsenal London FC earlier in the 2017/18 season. The UEFA Appeals Body accepted the appeal and set aside the revocation of the sanctions’ probation. For further information in German, please click here.
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