Christian Keidel discusses CAS Decisions on UEFA Financial Fairplay
In the 1/2013 ISLA newsletter, Christian Keidel discusses decisions of the Court of Arbitration for Sport (CAS): Bursaspor v. UEFA, 10 July 2012 (CAS 2012/A/2821) and Besikats v. UEFA, 31 October 2012 (CAS 2012/A/2824). Martens Lawyers successfully represented Bursaspor in the aforementioned proceedings. For the full text of the ISLA Newsletter please click here.
BAT receives Swiss Federal Tribunal Blessing
Basketball Arbitral Tribunal (BAT) receives Swiss Federal Tribunal Blessing
In a 14 December 2012 ruling, the Swiss Federal Tribunal (Tribunal) dealt with a request pursuant to Article 190(2) of the Swiss Code on Private International Law (PILA) to set aside an award rendered under the BAT rules. The Tribunal found that the "objet du recours .... ne fait problème en l'espèce" ["the object of the appeal does not present any problems in this case"]. This short note means that the Tribunal has recognised the BAT as a true arbitral tribunal under Swiss law. This follows from the fact that only "arbitral awards" can be the subject matter of an appeal under Article 190(2) PILA.
In its decision, the Tribunal also put an end to a debate which had divided the judiciary at the Court of Arbitration for Sport (CAS): The Tribunal ruled that the request for review was admissible even though the BAT award had been rendered without reasons, as allowed under the BAT rules in so-called "low value cases", and the Appellant had failed to exercise her right to request the reasons for the award.
The first appeal of a BAT award was rejected by the Tribunal 29 May 2012 on the grounds that the applicable arbitration clause provided for a waiver of the right of appeal as allowed under Article 192 PILA for cases in which neither party is Swiss.
As of 31 January 2013, a total 367 requests for arbitration have been registered by the BAT since the first case was filed in 2007.
BAT nominated for GAR Awards 2013
The Basketball Arbitral Tribunal (BAT) is nominated for the GAR Awards 2013.
On 6 February 2013 the Global Arbitration Review (GAR) unveiled the shortlist of candidates nominated for the GAR Awards 2013. BAT is nominated in the section "Innovation by an individual or organisation". For further information, click here.
Marko Pesic and Christian Keidel give lecture at the TU Munich
Marko Pesic, Business and Sports Director of FC Bayern e. V. Basketball and former player of the German Basketball National Team, will give a speech on the occasion of Christian Keidel's lecture for Sports Law at the TU Munich on Wednesday, 6 February 2013.
Dr. Dirk-Reiner Martens comments on the case of Lance Armstrong in the ZDF
To watch the programme of 22 October 2012, 21.45, please click here. Dr. Dirk-Reiner Martens comments starting from minute 02:00. This programme is only available in German language.
BAT nominiert für Innovating Justice Award
Das Basketball Arbitral Tribunal (BAT) wurde für den Innovating Justice Award nominiert.
Neben vielen anderen innovativen Ideen wurde das BAT für den Innovating Justice Award des Hague Institute for the Internationalisation of Law nominiert. Ausführliche Informationen finden Sie hier.
Tamira Paszek is allowed to compete at the 2012 Olympic Games Tennis Event
In a first instance decision the International Tennis Federation (ITF) declared the Austrian tennis star, Tamira Paszek, as ineligible to participate at the Olympic Tennis Event 2012.
Represented by Dr. Dirk-Reiner Martens and Christian Keidel, the Austrian Tennis Federation filed an appeal against this decision before ITF’s Board of Directors. On 6 July 2012 the first instance decision was annulled and theWimbledon quarterfinalist was declared eligible to play at the Olympic Games 2012.
300th proceeding before the Basketball Arbitral Tribunal (BAT)
The Basketball Arbitral Tribunal (BAT) is again celebrating: Less than one year after the 200th proceeding was initiated, a new milestone has been reached with 300 initiated cases!
The BAT was developed by Martens Rechtsanwälte in 2007 and is since administered by us. It is a novel, 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.
The website of the BAT can be found here.
Bursaspor prevails before CAS with Martens Lawyers
By decision dated 30 May 2012 UEFA excluded Bursaspor from all UEFA Competitions for the Season 2012/13, because of alleged violations of the UEFA Club Licensing and Financial Fair Play Regulations. Represented by Andreas Zagklis and Christian Keidel, Bursaspor filed an appeal against this decision before the Court of Arbitration for Sport (CAS).
On 22 June 2012 the CAS annulled UEFA's decision and decided to suspend the exclusion of Bursaspor for a probationary period of three years. Hence, Bursaspor can compete in the upcoming season in the UEFA Europa League. This is the first decision of CAS in respect of a sanction issued by UEFA for an alleged violation of the Financial Fair Play (monitoring) rules, which came into force on 1 June 2011.
Please find CAS' press release regarding this case here.
UEFA's statement regarding this CAS award is available here.
Heiner Kahlert comments on ECJ judgment in „Murpy“ case
In the 1/2012 issue of the Maastricht Journal of European and Comparative Law, Heiner Kahlert and Prof. Ulrich Haas comment on the landmark decision of the European Court of Justice (ECJ) in the "Murphy" case. Underlying this decision was inter alia the case of the English pub owner Karen Murphy, who was sanctioned under criminal law for having shown English Premier League games in her pub via Greek pay-TV.
The ECJ declared the common practice of conferring absolute territorial exclusivity to TV broadcasting rights an infringement of EU law, and extended this verdict to member state laws endorsing such practice. Heiner Kahlert and Prof. Ulrich Haas explain in their case note why, however, the decision might not be as dramatic for right holders as many have initially feared.
Along with FC Bayern AG and European Club Association (ECA) we thank over 130 participants from 25 different countries for attending our seminar “Disputes in Sports” in the Allianz Arena.
The district court of Hamburg confirms the German Sailing Federation’s decision to propose Kathrin Kadelbach and Friedericke Belcher as part of the German Olympic Team 2012
The dispute between two sailing teams about the right to represent Germany in the London Olympic Games has been decided by the district court of Hamburg in favour for Kathrin Kadelbach and Friedericke Belcher, represented by Martens Lawyers.
The court rejected a motion filed by the 470-class sailors Tina Lutz and Susann Beucke, requesting that the German Sailing Federation propose them instead of (or together with) Kadelbach and Belcher to the German Olympic Committee. Lutz/Beucke argued unsuccessfully that they had been disadvantaged by the German Sailing Federation in the framework of the national qualification races, namely during the Worlds 2011 in Perth, Australia. According to the decision of the Hamburg district court, Kadelbach and Belcher remain the only team in the 470 women's class proposed to the German Olympic Committee for the 2012 Olympic Team.
Heiner Kahlert discusses ECJ judgment in “Murphy” case
In the 4/2011 issue of the law journal causa sport, Heiner Kahlert discusses the landmark decision of the European Court of Justice (ECJ) rendered in the case of the English pub owner Karen Murphy against the company operating the British Premier League.
Although the ECJ declared the common practice of conferring absolute territorial exclusivity to TV broadcasting rights an infringement of EU law, Heiner Kahlert explains in his article that the consequences for right holders might not be as dramatic as many have feared.
Dr. Dirk-Reiner Martens gives presentation before CAS arbitrators
On the occasion of a Seminar for the arbitrators of the Court of Arbitration for Sport Dirk-Reiner Martens gave a speech on "The Role of the Arbitrator in CAS Proceedings – Reflections on how to prepare for and conduct a hearing of a CAS case".
You will find the full text of the paper by clicking on the
Article - The role of the arbitrator in CAS proceedings
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