When advising our clients it is always our aim to - as far as possible - try and avoid disputes arising between the parties. However, good advice and effective prior risk management can only reduce the risk of a dispute arising; it cannot completely exclude it. Should a conflict arise we will use all our experience to assist you with resolving the dispute.
One possible means of dispute resolution can be a legal action before the ordinary courts. However this can be drawn-out and very costly and often can have a negative impact on the future relationship between the parties. In many cases – even though not in all cases – it can therefore be preferable to pursue an alternative method of dispute resolution. Often conflicts can thus be resolved more quickly and more straightforwardly. The likelihood of continuing the business relationship between the parties is also often considerably higher.
Our Team has acted in the field of alternative dispute resolution for a long time and particularly offers you the following services:
- Arbitration
We advise our clients on the drafting of arbitration clauses even before any dispute has arisen. Should it come to arbitration proceedings, we can call on more than 20 years of experience of acting as arbitrator and of representing parties in national and international arbitration cases. Our expertise includes proceedings before the Deutsche Institution für Schiedsgerichtsbarkeit (DIS) [German Institute for Arbitration], 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). We also have extensive experience in complex ad-hoc arbitration proceedings. In addition, we are recognised specialists for setting up and managing dispute resolution procedures, which are specifically tailored to the client's needs. For example we have developed and operate a novel, independent and highly efficient arbitration procedure for the International Basketball Federation (FIBA) - the Basketball Arbitral Tribunal (BAT) - for resolving disputes between professional players, agents and clubs. The success of this arbitral tribunal is demonstrated, in particular, by the fact that in less than four years since its creation nearly 200 requests for arbitration have been received by the BAT.
- Mediation
Some cases are more suited to letting the parties find their own fair resolution than to seeking the binding decision of a judge or arbitrator to resolve the conflict. The most widespread mechanism for this is mediation. You can also use our capabilities in this kind of dispute resolution, where we will act as your legal representative or as a mediator certified by the German Law Society.
- Other Forms of Alternative Dispute Resolution
There are numerous other possible forms of alternative dispute resolution, for example a mini-trial, med-arb, conciliation or adjudication. Here too we are your competent partner due to the depth of our experience in the field of dispute resolution.
Sports law is our passion. We have for years been one of the leading teams in advising national and international federations, associations and clubs as well as leagues, athletes, marketing agencies, sponsors and media companies in all areas of the sports industry. Our numerous clients in Germany and abroad are testament to the fact that we are held in high esteem as specialists in this field and have a well-developed network in national and international sport.
Often we are not just a point of contact for our clients on purely legal issues. We support our clients as partners and, together with them, work out ways of developing. It therefore often happens that out of our advice on individual questions a long-term partnership develops.
Our expertise in sports law comprises particularly – but not exclusively – the following areas:
- Law of federations and associations (Statutes, regulations, Disciplinary measures, anti-doping, etc.)
- Proceedings before federation tribunals as well as courts of arbitration (e.g. acting as arbitrator or as legal representative at the Court of Arbitration of Sport)
- Exploitation of media rights (television, internet, mobile communication and radio rights, etc.)
- Exploitation of advertising rights (sponsoring, merchandising and licensing agreements, etc.)
- Protection of intellectual property rights
- Antitrust, competition and European law
- Compliance, especially in the context of corruption and match fixing
- Advising bidders for, or promoters of, sports events at every stage from planning, through the invitation to tender, to implementation
- Labor law in sports (e.g. employment contracts for athletes and coaches)
- Advising clubs, associations or federations, as well as players, on player transfers
- Sports betting and gambling
Good advice and effective prior risk management can only reduce the risk of a dispute arising; it cannot completely exclude it.
If there is no other agreement between the parties, disputes are litigated before the ordinary courts. Here, as experienced litigators, we assist you in every stage of the conflict. We help to establish the facts of the case, allow you to realistically assess the risks associated with the litigation and, together with you, work out the right strategy. As the case may be, we draft the necessary written pleadings and, of course, represent you at the oral hearing.
We advise our clients on all matters involving intellectual property rights as well as media law.
Intellectual property (trademark rights, promoter's rights, copyrights, etc.) is often a major part of a company's economic success. We help our clients to ensure that these economic assets are protected and exploited in the best possible manner.
Protecting our clients' rights of personality is also one of our basic services. Any interference in these rights, for example by third parties making false factual allegations or due to any unlawful use of images, can have serious consequences for a person's reputation and can lead to economic damage. We assist our clients in taking defensive action against any such interference and in enforcing claims for damages.
We also provide advice on all questions concerning competition law. Here we place utmost importance on protecting our clients against unfair competitive practices (such as misleading and comparative advertising, counterfeits, etc.).
Martens Rechtsanwälte particularly offers the following services in this regard:
- Assistance with registering your rights (e.g. trademark rights)
- The drafting of contracts (e.g. television contracts, advertising contracts, agency contracts and merchandising contracts)
- Speedy judicial enforcement of claims for an injunction and claims for damages
Martens Rechtsanwälte offers advice on all legal matters concerning corporations and partnerships. We particularly assist our clients with the optimal drafting of shareholders' agreements and clauses in statutes. We offer our clients tailored solutions in order to meet the individual interests and needs of the shareholders or partners in the best possible way. Our advice also extends to day-to-day advice on corporate law, such as preparing and holding shareholders' meetings as well as advising senior managers, managing directors and shareholders. In the event of a conflict our clients can also call upon us to enforce their shareholders' claims before arbitration courts or ordinary courts.
You can also count on us to help with antitrust law. We particularly advise on drafting contracts, statutes and internal work processes in such a way that they conform with antitrust law in order to minimise any associated risks in advance as much as possible. Of course, we will also represent you before antitrust authorities and courts if any market abuse or cartel proceedings have already been instituted. Due to the depth of our experience in the field of dispute resolution we are also your capable partner for private law disputes with an antitrust background, for example actions for damages due to violations of antitrust law.
We offer our clients the full range of assistance in the rather sensitive area of inheritance law. Precise drafting of contracts and dispositions is essential, particularly in inheritance law, in order to achieve the intended legal consequences and to avoid disputes.
We particularly advise our clients in the following areas:
- Drafting wills and contracts of inheritance in both the personal and business sphere
- Succession arrangements in articles of association or deeds of partnership
- Anticipatory succession by way of gifts and transfers
- Probate and the administration of wills
- Litigation
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.
Please visit our event website for the presenations and photos.
Law Review, Ant. N. Sakkoulas Publ., 2003 Issue, pp. 125-150, Law Students’ Research Club (in Greek)
Close detailsDas "Murphy / Premier League"- Urteil des EuGH – Kein Debakel für Inhaber von Sportübertragungsrechten
Heiner Kahlert / December 2011
morecausa sport 4/2011, pp. 323-333
Close detailsBasketball Arbitral Tribunal - An Innovative System for Resolving Disputes in Sport (only in Sport?)
Dr. Dirk-Reiner Martens / Februar 2011
moreThe International Sports Law Journal, 2011/1-2
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Career
Universities of Munich, Hamburg and Paris (second state examination 1969; Dr. iur. 1971)
Born
1942 in Berlin
Languages
German, English, French, Italian, Spanish
Practice Areas
Dispute resolution, sports law, commercial law
Member
- Deutsche Institution für Schiedsgerichtsbarkeit (DIS)
- Court of Arbitration for Sport (CAS), Lausanne
- American Arbitration Association (AAA)
- Konstanzer Arbeitskreis für deutsches und internationales Sportrecht
- JAMS International
Please download the detailed curriculum vitae here.
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FC Sevilla
The former Managing Partner of Ernst & Young was appointed in 2005 as General Manager of FC Sevilla and immediately after Vicepresident of the Board of Directors. After serving for many years as representative of Sevilla Football Club in the Spanish Professional Football League (La Liga) he passed to be a member of the Board of Directors of La Liga during two years. Mr Cruz is member of the Legal Advisory Panel of ECA as well as Arbitrator of CAS.
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.
moreThe 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.
Close detailsin: “Sports Law (Lex Sportiva) in the World”, D. Panagiotopoulos (ed), pp. 422-440, Ant. N. Sakkoulas Publ., 2004
Close detailsFIBA Arbitral Tribunal – Ein innovatives System zur Streitbeilegung im Sport (nur im Sport?)
Dr. Dirk-Reiner Martens / June 2010
moreSchiedsVZ 6/2010, pp. 317-322
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Career
University of Cologne (second state examination 2003)
Born
1976 in Gummersbach
Languages
German, English
Practice Areas
Sports law, dispute resolution
E-mail
j.feldhoff-mohr@martens-lawyers.com
Sport JournalistThe former ARD-Hörfunk journalist for sport politics, doping and IOC matters was a member of the ARD-Hörfunk doping task force. He was leading editor at the sport editorial office of the Deutschlandfunk in Cologne from 1973 to 2011. Mr Fischer Solms has been awarded with the Herbert Zimmermann-Hörfunk award many times and is a winner of the "Oldenburger Feder".
The following hotels are situated in walking distance to the underground line U6 which brings you directly to the Allianz Arena.
Hotel Louis (Viktualienmarkt / City Center)
Viktualienmarkt 6, 80331 München
Tel +49 89 411 190 8-0
Fax +49 89 411 190 8-110
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www.louis-hotel.com
Hotel am Viktualienmarkt (City Center)
Utzschneiderstrasse 14
80469 München
Tel +49 89 23 11 09-0
Fax +49 89 23 11 09-55
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www.hotel-am-viktualienmarkt.de
Hotel La Maison (Münchner Freiheit / Schwabing)
Occamstrasse 24, 80802 München
Tel +49 89 330 35 55-0
Fax +49/ 89/ 33 03 55 555
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
www.hotel-la-maison.com
If you need help with hotel reservations or require further hotel recommendations, please contact our travel agency Atelier Voyage at any time:
ATELIER VOYAGE GmbH
Kasernenstrasse 55, 40213 Düsseldorf
Tel +49 211 200503-0
Fax +49 211 200503-10
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www.ateliervoyage.com
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.
moreAlthough 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.
Close detailsStrukturkrisenkartelle als zulässige Reaktion auf die Wirtschafts- und Finanzkrise?
Heiner Kahlert (co-author) / October 2009
moreBetriebsberater 2009, pp. 1930-1935 (co-author: Justus Herrlinger)
Close detailsDerecho Deportivo 6 (2004), pp. 152-162 (in Spanish)
Close detailsDie Organisation von Schiedsverfahren im Bereich des Sports aus der Sicht der Schiedsrichter
Dr. Dirk-Reiner Martens / February 2009
moreSchiedsVZ 2/2009, pp. 99-102
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Career
Universities of Athens, Salamanca and Western Ontario (Greek State Bar Examination 2005); Dedes-Makroglou-Zagklis Attorneys At Law 2004-2008
Born
1980 in Athens
Languages
Greek, English, Spanish, German
Practice Areas
Dispute resolution, sports law, labour law, IP and media law
E-mail
a.zagklis@martens-lawyers.com
Please download the detailed curriculum vitae here.
Close detailsOur team regularly organises seminars for clients and interested third parties. On the following subpages you will find information on our past and upcoming events.
If you are not yet registered on our distribution list via our amiando ticketing portal, you can register here for future events:
Konferenz - Online Event Management mit Ticketing Lösung von amiando
FC ArsenalThe co-founder of Major League Soccer was appointed Deputy Commissioner of the League in 2001 and served as the President of Soccer United Marketing International from 2002 – 2006. Mr Gazidis joined Arsenal Football Club as its Chief Executive Officer in 2009. He sits on a number of committees including FIFA’s Dispute Resolution Chamber and FIFA’s Committee for Club Football and also serves as Chairman of the Legal Advisory Panel to the ECA.
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 the
PDF-symbol opposite.
in: Gottwald (Hrsg.), Insolvenzrechtshandbuch, 4th ed. 2010, pp.1275-1321 (co-author: Ulrich Haas)
Close detailsReview on Labour Legislation, Issue 61 (2005), pp. 1318-1322 (in Greek)
Close detailsin: Kanzleiter et al. (ed.), Festschrift für Hans Wolfsteiner, 2008, pp. 137-152
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Career
Beiten Burkhardt 2007-2009; Universities of Munich and Sevilla (second state examination 2007); Academy for Fotodesign Munich
Born
1974 in Munich
Languages
German, English, Spanish
Practice Areas
Dispute resolution, sports law, IP and media law, inheritance law
E-mail
FC Bayern München AG After his doctorate from the university of Mannheim in sports law, Dr. Gerlinger completed the FIFA Master Programme. He started workingwith the law firm Taylor Wessing until he changed to FC Bayern AG in 2005, since 2009 he is Prokurist (proxy holder). He is the author of a number of publications in sports law and sports management and an assistant member at the DFB -Bundesgericht and sits as an arbitrator in FIBA and CAS proceedings.
You will find below information on the Anti-Doping Forums, which we organised while still with Beiten Burkhardt in the years before 2009.
Please click on the links and see the photo presentations and programmes of these events.
3. Anti-Doping Forum, 2008, Stilwerk, Berlin
2. Anti-Doping Forum, 2007, Stilwerk, Berlin
1. Anti-Doping Forum, 2006, Alte Mälzerei, Berlin
Martens Rechtsanwälte on JUVE.de
Martens Rechtsanwaelte are now also listed on JUVE.de.
For the profile please click here.
Dike International, 2005, pp. 1333-1350 (in Greek)
Close detailsErfahrungen mit Rechtshilfeersuchen aus den USA nach dem Haager Beweisaufnahmeübereinkommen
Dr. Dirk-Reiner Martens / November 1981
moreRIW/AWD - Recht der Internationalen Wirtschaft, November 1981, Issue 11
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Career
Studied in Hamburg (Bucerius Law School) and Wellington; freelancing with Taylor Wessing (2008-2009); clerkship in Hamburg, Munich and Cairo, in particular in the field of antitrust law (CMS Hasche Sigle, White & Case); second state examination 2010
Born
1983 in Landsberg am Lech
Languages
German, English
Practice Areas
Dispute resolution, sports law, antitrust law, IP and media law
E-mail
Please download the detailed curriculum vitae here.
Close details4th Anti-Doping-Forum
The Fight against Doping - a Lost Battle?
The Realities in Doping and the
Position of the big Players in the Sport Business
24 November 2009
09:30 - 16:00
stilwerk, Berlin
Despite all efforts of the stakeholders in the fight against doping, the problem is more current than ever. The production and distribution of forbidden substances appears to be carrying on as before, positive tests and unbelievable records shake the confidence in a clean sport. How do the media, the sporting goods industry and the politicians position themselves? How can we succeed in maintaining high level sport as a positive component of our society? These and other questions with regard to doping will be discussed with politicians, representatives of the sporting goods industry and the scientific world, WADA and the media as well as with a former member of the "scene".
Martens Rechtsanwälte will therefore be hosting the 4th Anti-Doping Forum in Berlin on Tuesday, 24 November 2009, starting at 09.30 am.
We are delighted to welcome you to Stilwerk in Berlin.
Attorney at Law
Dr. Martens has been an active member of the Court of Arbitration for Sport (CAS) with more than 120 cases since 2000. He has acted as Ad-hoc arbitrator during the Olympic Games in 2000, 2002, 2004 and 2006. Dr. Martens created the Basketball Arbitral Tribunal (BAT) on behalf of the International Basketball Federation (FIBA). More information under team.
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Lectures beginning at the TU Munich
In the fall semester 2011/12 Christian Keidel and Heiner Kahlert are again holding a series of lectures on Sportslaw at the Technical University of Munich.
moreThe objective of said lectures, which are part of the bachelor studies "scientific bases of sports", is to familiarize the students with the essential aspects of national and international sports law.
Close detailsNomiki Vivliothiki Publ, 2006 (book in Greek) (co-author: Pantelis Dedes)
Close detailsSpuRt 1/2001, pp. 4-8 (co-author: Frank Oschütz)
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Career
Ludwig-Maximilians-University of Munich (second state examination 2007); scientific assistant at the University of Munich, chair in civil-, civil procedural and media law, Prof. Dr. J. Hager (2005-2008); law firm Beiten Burkhardt as freelancer (2007-2010); PhD in civil and civil procedural law, University of Potsdam (2011)
Born
1980 in Munich
Languages
German, English
Practice Areas
Litigation/Arbitration, Structuring of Contracts, Commercial and Corporate Law, Group Law
E-mail
10.00 |
Welcome
|
10.15 |
Introduction
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10.45 |
Football - the In-House-Model
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11.45 |
Basketball – the Outsourcing Strategy of FIBA
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12.30 |
Lunch Break
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14.00 |
Mediation within the framework of the European Club Association (ECA)
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15.00 |
Round Table: the Role of CAS as the Highest Judicial Instance in International Sport
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17.00 |
End
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Avocat After five years with Schellenberg Wittmer, Prof. Dr. Rigozzi joined Lévy Kaufmann-Kohler in 2007, where he is in charge of the sports arbitration practice. He has extensive arbitration, litigation and dispute resolution experience across all the main areas of sports law and also serves as a chairman of the Arbitral Tribunal of Swiss Athletics and a member of FIA’s ICA for cases relating to Formula One. The author of many publications in sports law became 2005 Professor of Law at the University of Neuchatel, Switzerland.
Serbian football coach prevails before CAS with Martens Lawyers
Radomir Antic, former coach of Real Madrid, FC Barcelona and of the Serbian national football team succeeded before the Court of Arbitration for sport in obtaining a million Euro damage award against the Football Association of Serbia for wrongful termination of his contract.
moreChristian Keidel and Andreas Zagklis represented Radomir Antic before CAS.
Close detailsThe CAS Ad hoc Division at the XXth Olympic Winter Games in Turin
Andreas Zagklis / October 2006
moreInternational Sports Law Journal, 2006/3-4, pp. 47-52 // also published in CAS Newsletter, No 4, October 2006, pp. 26-31
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Career
University Paris 1 (Capacité en droit, 2011); International Basketball Federation - FIBA (Eligibility & Transfers, Anti-Doping; 1998-2010); Public Institute for foreign languages in Munich (1994)
Born
in Melun, France
Languages
French, German, English
E-Mail
"Disputes in Sport"
Models for the Resolution of Disputes in International Sport
using the Examples of Football and Basketball
Friday, 4 May 2012
10:00-17:00
Allianz Arena, Munich
In the past years, Martens Rechtsanwälte hosted four very successful anti-doping forums with well-known speakers from politics, economics, science and sports.
Together with our partners, FC Bayern Muenchen AG and European Club Association (ECA), we will focus on another topic this year, which has recently been an issue in the media and the public: disputes in international sports.
We will discuss the different approaches using the examples of football and basketball. Moreover, we will take a close look at the role of the Court of Arbitration for Sport as the highest judicial instance for dispute resolution in international sports.
For further information relating to the event, please click on the following links:
* Simultaneous interpretation German/English will be provided
FC Porto, SAD
Daniel Lorenz Rodrigues Pereira worked as a lawyer at "Graça Moura & Associados" law firm, until joining FC Porto, SAD's Legal Department in 2000. As of 2003 he has been Director of the Legal Department of FC Porto, SAD.
Dirk-Reiner Martens is a member of the JAMS International Panel of Mediators and Arbitrators
JAMS, the premier mediation and arbitration provider in the United States, and ADR Center in Italy have created JAMS International in September 2011 to provide mediation and arbitration of cross-border disputes worldwide.
moreJAMS International is headquartered in London with additional hearing locations in Amsterdam, Milan, New York and Rome. Dirk-Reiner Martens is a member of the inaugural panel of mediators and arbitrators of JAMS International.
More information at www.jamsinternational.com.
La autonomía de las Asociaciones Deportivas contra la intervención de los Estados: el caso del fútbol griego
Andreas Zagklis / February 2007
moreRevista Andaluza del Derecho del Deporte, No2, Febrero 2007 (in Spanish)
Close detailsSpuRt 3/2002, pp. 89-93 (co-author: Frank Oschütz)
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Career
University of Cologne, trainee lawyer with companies specialising in sports and labour law (FC Bayern Munich, law firm Schlüter Bornheim Seitz, German Sport University); Second State Examination 2011
Born
in Marburg
Langauges
German, English
Practice Areas
Sports law, labour law
Thank you for your interest in our event "Disputes in Sport".
Please choose in the form below the category under which you would like to register for the seminar. The event is free of charge. A registration with amiando, as requested in 2 "Confirmation of Data" is not necessary. Please click without entering your data on “Next step”. By "buying" the ticket, you will be registered and receive the personal invitation by e-mail.
Registration form
Konferenz - Online Event Management mit Ticketing Lösung von amiando
FC Bayern München AGThe former striker was vice-president of FC Bayern e.V. from 1991 to 2002 together with Franz Beckenbauer. In February 2002 he was named chairman of the management board after the transformation of the professional football division of FC Bayern Munich into an AG. Mr Rummennigge took over the presidency of the European Club Association (ECA) in 2008.
Siekmann – Parrish – Branco Martins – Soek (eds.), TMC Asser Institut 2007, Chapter for Greece, pp. 249-265
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Career
Beiten Burkhardt 1996-2009; University of Lincolnshire & Humberside (Bachelor of Arts in European Administration, 1996); The Institute of Administrative Management (Advanced Diploma in Administrative Management, 1996); Merkur Akademie (European Secretary, 1995)
Born
1975 in Gera
Languages
German, English, French
Practice Areas
Office Management, Management of Dispute Resolution Bodies in Sport (FIBA Appeals' Panel, Basketball Arbitral Tribunal, etc.)
E-mail
j.reinhold@martens-lawyers.com
ARD Reporter (Moderator for Round Table)The graduate political economist has been working since 2005 as a self-employed journalist with the main focus on economics, sport and business for Deutschlandfunk, WDR and ARD and looks after the field of sport as editor at the Deutschlandfunk in Cologne.
200th proceeding before the Basketball Arbitral Tribunal (BAT)
The Basketball Arbitral Tribunal (BAT) is celebrating: On 26 July 2011, the 200th proceeding was initiated! The BAT was developed by Martens Rechtsanwälte in 2007 and is since administered by us.
more
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.
Restrictions by EU Member States on Exclusive Grant of Broadcast Rights on Pay-TV Upheld
Andreas Zagklis, Heiner Kahlert / March 2011
moreEntertainment & Sports Lawyer, Vol. 29 Issue No. 1, Spring 2011, pp. 24-26
Close detailsdtv nomos, 2004 (co-author: Ulrich Haas)
Close detailsFor questions relating to the event, registration and ticketing please contact:
Janet Reinhold
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Tel +49 89 452 44 22 0
Attorney at Law
Mr Zagklis acted as Legal Assistant to the Court of Arbitration for Sport Ad Hoc Division for the Olympic Games 2004, 2006 and 2008. He represents parties as counsel before CAS. On behalf of the International Basketball Federation (FIBA) he administers the Basketball Arbitral Tribunal (BAT), an independent arbitration tribunal with more than 280 cases in 5 years. More information under team.
New president for the Basketball Arbitral Tribunal (BAT)
After a four year extremely successful term as BAT President, Gabrielle Kaufmann-Kohler and her team have handed over to Richard McLaren who was nominated by FIBA as the new BAT President in June 2011.
more
Please find more information on FIBAs website.
Court of Arbitration for Sport (CAS), Praxisbezogene Anmerkungen
Dr. Dirk-Reiner Martens / April 2004
moreSchiedsVZ 4/2004, p. 202
Close detailsSponsoring in Sports: Legal Aspects and Fields of Application
Andreas Zagklis (co-author) / April 2003
more"Sports Management Review", University of Peloponnese, Department of Management, Law and Economy of Sports, Vol. I:2 (2003), pp. 225-237 (in Greek) (co-author: Dimitrios Panagiotopoulos)
Close detailsThe pros and cons of the settlement of disputes system in football and basketball were presented by Ivan Gazidis, José María Cruz de Andés, Dr. Michael Gerlinger, Dr. Dirk-Reiner Martens and Andreas Zagklis in front of 130 participants from 25 countries.
A round table discussion with Prof. Dr. Antonio Rigozzi, Daniel Lorenz Pereira, Herbert Fischer-Solms and Dr. Dirk-Reiner Martens, which was moderated by Jessica Sturmberg, debated the role of the Court of Arbitration for Sport (CAS) as the highest instance in international sport.
Below you will find the presentations and some photographs taken at the event.
Presentations:
Dr. Dirk-Reiner Martens |
Types of Disputes
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Ivan Gazidis
|
Dispute Resolution: the FIFA model
|
José María Cruz de Andrés |
Financial Fair Play
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Andreas Zagklis
|
Dispute Resolution: the FIBA model
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Dr. Michael Gerlinger
|
Mediation according to ECA Mediation Procedural Rules
|
Photos:
Please download the photo presentation here. |
|
Article by Dr. Dirk-Reiner Martens on the Basketball Arbitral Tribunal published
Dr. Dirk-Reiner Martens presents the Basketball Arbitral Tribunal (BAT) in the SchiedsVZ, Germany’s leading legal publication for arbitration.
more
The BAT was developed by Martens Rechtsanwälte and is a novel, independent and highly efficient arbitration procedure for resolving disputes between professional players, agents and clubs.
Close detailsSpuRt 2/2005, pp. 59-61 (co-author: Frank Oschütz)
Close detailsAndreas Zagklis and Heiner Kahlert discuss ECJ judgements on exclusive broadcasting
In the spring 2011 issue of the Entertainment and Sports Lawyer (a publication by the American Bar Association), Andreas Zagklis and Heiner Kahlert discuss three decisions rendered by the European Court of Justice on 17 February 2011.
more
The Court held that member states of the European Union may, under certain circumstances, prohibit the exclusive broadcast on pay-TV of FIFA World Cup or UEFA European Championship matches.
The entire spring 2011 issue of the Entertainment and Sports Lawyer including the case discussion by Andreas Zagklis and Heiner Kahlert can be accessed here.
SpuRt 4/2006, pp. 144-147 (co-author: Frank Oschütz)
Close detailsMartens Rechtsanwälte represented the Dansk Amerikans Fodbold Forbund (DAFF)
Martens Rechtsanwälte successfully represented the Dansk Amerikans Fodbold Forbund (DAFF) before the Higher Regional Court of Frankfurt. The Higher Regional Court dismissed an appeal against a decision of the District Court of Frankfurt.
more
The District Court had entitled DAFF to put certain items on the agenda of a general assembly of an international sports association and to announce these items to the other members.
Following Christian Keidel's (Attorney at law, Martens Rechtsanwälte) argumentation, the Higher Regional Court of Frankfurt held that in case of a request from a minority of association members pursuant to Art. 37 para. 2 German Civil Code, the ratio of Art. 122 et seq. of the German Companies Act has to be applied mutadis mutandis. Thus, the court found sufficient that the items proposed by the Danish Federation had been sent to the other association members eight days after the time limit for the announcement of the assembly’s agenda had expired.
Additionally, the Higher Regional Court confirmed that an internal legal remedy of an association can exclude the ordinary legal recourse temporarily only if the former is effective.
SchiedsVZ 1/2007, p. 11-21
Close detailsSportrecht – Eine Einführung in die Praxis, series Causa Sport
Dr. Dirk-Reiner Martens (co-author) / 2011
moreBoorberg, Jan Sramek Verlag, Schulthess, 2011 (co-author Prof. Dr. Ulrich Haas)
Close details