Christian Keidel and Andreas Zagklis (Martens Lawyers) represent Fenerbahçe S.K. in UEFA disciplinary proceedings and before CAS
Christian Keidel and Andreas Zagklis (Martens Lawyers) represent Fenerbahçe S.K. in UEFA disciplinary proceedings and before CAS On 25 June 2013, the UEFA Control- and Disciplinary Body decided to exclude Fenerbahçe from the next three UEFA competitions for which it would qualify (the ban for the third season was suspended for a probationary period of five years). Following an appeal by Fenerbahçe against this decision, the UEFA Appeals Body partially lifted the ban and decided to exclude the Club from the next two UEFA competitions for which it would qualify. Fenerbahçe appealed against this decision to the Court of Arbitration for Sport (CAS). On 18 July 2013, CAS confirmed that UEFA had agreed with the requested stay of the challenged decision until CAS renders a final award. Therefore, Fenerbahçe is provisionally allowed to participate in the UEFA Champions League 2013/14. CAS will render its final decision on 28 August 2013.
Heiner Kahlert and Andreas Zagklis discuss SFT judgment on arbitral award without reasons
In the third issue of the legal journal "Sport und Recht" (SpuRt) in 2013, Heiner Kahlert and Andreas Zagklis comment on a recent decision of the Swiss Federal Tribunal (SFT). The decision concerned a request for annulment of an arbitral award by the Basketball Arbitral Tribunal (BAT), which was rendered without reasons in accordance with the BAT Arbitration Rules due to the low value of the dispute.
Heiner Kahlert and Andreas Zagklis first provide some explanations on the structure and the special features of the BAT before they comment on the most important issues decided upon by the SFT. In particular, it is noteworthy that the SFT decided that the BAT is a true arbitral tribunal within the meaning of the Swiss Private International Law Act (PILA). Furthermore, it should be endorsed that the SFT clarified that there are no objections to be raised against arbitral proceedings being conducted by email, and that email read receipts are a proper way of proving delivery of such communication. Lastly, the authors support the SFT's view that a request for annulment can be filed also against awards without reasons, even though the scope of scrutiny is necessarily limited.
Andreas Zagklis Interview for WDR Sport Inside
Andreas Zagklis was interviewed by Mr. Hajo Seppelt for the TV programme of the WDR "Sport Inside - Bitte recht freundlich" regarding international doping test procedures. For the video of the the Sport Inside broadcast, click here.
Andreas Zagklis new Member of the FIG Disciplinary Commission
Andreas Zagklis chairs session of CEV Management Seminar
On 3 May 2013 the European Volleyball Confederation (CEV) organised a Management Seminar with 41 national federations in attendance. Andreas Zagklis reported on legal issues in connection with international transfer certificates and legal proceedings arising from disputes between players, coaches and clubs. For the full CEV news and photo gallery, click here.
The case of the Nigerian goalkeeper Ikenna Onokogu, who became the victim of racist taunts before being temporarily suspended by the competent federation for “provisional protection of the gaming operations”, has attracted German-wide media attention (see, for example, article in the FAZ, Spiegel and SportBild). Heiner Kahlert of Martens Lawyers is representing Ikenna Onukogu, whose preliminary suspension has in the meantime been lifted, in the ongoing proceedings before the competent federation.
Dirk-Reiner Martens Interview in Legal Tribune Online
Dirk-Reiner Martens kommentiert die Chancen für Rechtsanwälte im Bereich des "Sportrechts". Den vollständigen Text des Artikels finden Sie hier.
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.
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