Sports Law: Update on the Pechstein Case

220px-Claudia_Pechstein_2008Regular readers of this blog will have followed our coverage of the Pechstein case, which, for the time being, came to an end with the June 2016 decision of the Federal Supreme Court (Bundesgerichtshof), which held that the court of Arbitration for Sport (CAS) was a “proper” arbitral tribunal. Continue reading

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12th Frankfurt Roundtable on Investment Law and Investment Treaty Arbitration, November 14, 2016

Logo_FIACThis year’s Frankfurt Roundtable on Investment Law and Investment Treaty Arbitration (Gesprächskreis Investitionsrecht und – Schiedsgerichtsbarkeit) is held on November 14, 2015. As always, Alfred Escher and Jan Schäfer are organizing the event in conjunction with the Frankfurt International Arbitration Center. Continue reading

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Federal Constitutional Court on International Judicial Co-Operation – A US Perspective

US_Supreme_Court_-_correctedOver at Letters Blogatory, Ted Folkman has picked up the decision of the Federal Constitutional Court (Bundesverfassungsgericht) on judicial assistance on which I reported earlier this week. Ted found a nice name for the case, In re Frau R.*, and shared an interesting observation from a US perspective: Continue reading

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Federal Constitutional Court: Failure of Court To Seek International Judicial Assistance Violates Right to Effective Judicial Protection

BVerfGThe Federal Constitutional Court (Bundesverfassungsgericht) has held that a court’s failure to avail itself of the tools of international judicial co-operation can amount to a violation of the party’s right to effective judicial protection (Recht auf effektiven Rechtsschutz).

The decision was made in a family law matter, where the existence and validity of an adoption in Romania was in dispute. In the proceedings before the Local Court (Amtsgericht) Frankfurt am Main, the aggrieved party had been unable to produce the underlying Romanian files, but had submitted communication from the respective Romanian authority, that a request from a German court to be granted access to the files would be entertained.

The local court, however, did not attempt to get hold of these files. Its failure to use  “institutionalised facilities and measures of judicial assistance”, in particular those offered by the European Evidence Regulation and the European Judicial Network in Civil and Commercial Matters, in the circumstances of the case rendered its decision unconstitutional. Continue reading

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