Dispute Resolution

Arbitration

Arbitration has been part of the core practice areas of Martens Rechtsanwälte from the start. Our lawyers have long-standing experience in arbitration, both as legal counsel and as arbitrators. Parties that are required to appoint an arbitrator in arbitration proceedings will find the lawyers of Martens Rechtsanwälte to be impartial and committed arbitrators that bring legal disputes to a speedy and efficient conclusion.

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Benefits

Arbitration proceedings may offer a number of advantages compared to proceedings before the state courts. When properly handled they are frequently swifter and more cost-effective, particularly when taking into account the many successive stages of proceedings and appeals before state courts. Added to this, in an ideal case the arbitrators selected are experts in the relevant subject of the dispute. As a general rule, arbitration proceedings are not public which may be important not only for the protection of confidential information but also for the relationship between the parties.

Special Characteristics

Since arbitration proceedings do not follow the same rules as state court proceedings, experience before state courts does not in itself guarantee being able to represent the client’s interests effectively also in arbitration proceedings. Besides special rules of procedure there are various unwritten rules which only a practitioner who is well-versed in Arbitration knows. Martens Rechtsanwälte specialised in arbitration at a very early stage. Our lawyers have more than 25 years’ experience of acting as legal counsel and arbitrators in national and international arbitration proceedings. Our expertise spans not just to complex cases, where the amounts in controversy are very high, but also to small and medium-sized cases, which often pose different challenges for the parties’ legal counsel and for the arbitrators.

Our Expertise

We advise our clients on drafting arbitration clauses in advance of any potential disputes. They have to be carefully worded in order to transpose the parties’ decision to seek arbitration with legal certainty. We have the requisite knowledge of the copious case law in this area to advise you appropriately.

As your legal counsel we will fight for your interests passionately and reliably throughout every stage of the case – from the very important selection of the arbitrators to the preparation of the briefs and representing you in the hearing. As an arbitrator we stand for a high degree of personal independence coupled with sound expertise in commercial law as a result of previously working in an international commercial law firm. We have expert knowledge of, inter alia, proceedings of the German Institution of Arbitration (DIS), the International Court of Arbitration of the International Chamber of Commerce (ICC), the American Arbitration Association (AAA/ICDR) and the Court of Arbitration for Sport (CAS). Furthermore we have extensive experience of complex ad hoc arbitration proceedings.

Our lawyers are recognised as specialists in structuring and administering specially created arbitration systems. We are very experienced in setting up arbitral tribunals, together with rules of arbitration, that are specially tailored to the client’s needs and in administering them extremely efficiently. Thus the Basketball Arbitral Tribunal (BAT) that we established for the International Basketball Federation and still administer to this day has handled more than 700 proceedings within a short time span and low costs since 2007.

Notable cases

  • Member of the team of advisors for the Federal Republic of Germany in the arbitration proceedings regarding the late start of the heavy goods vehicle toll (amount in dispute: over 7 billion euros)
  • Acting as legal counsel in ICC arbitration proceedings on a supply of metals from Africa to Germany (amount in dispute: approximately 10 million euros)
  • Advising adidas AG in arbitration proceedings against the German Football Association (DFB) regarding its exclusive rights to equip the German national team (amount in dispute: over 100 million euros)