Happy New Year!

abschluss_feuerwerk_volksfest_aschaffenburg_2014_14374094338Dear readers, thank you for your interest in this blog during the last year! Let me start 2017 by wishing all of you a happy New Year, both professionally and privately. Also, I would like to take the opportunity to look back at 2016. Continue reading

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German Federal Supreme Court on Pechstein: Update

220px-Claudia_Pechstein_2008Today, the September/October 2016 issue of the German Arbitration Journal (Zeitschrift für Schiedsverfahren) landed on my desk. It contains, for the benefit of all non-German readers, an English translation of the judgment dated June 7, 2016 in the matter of Claudia Pechstein v. International Skating Union (see here for our earlier coverage on this blog).

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Sports Arbitration: Federal Supreme Court Finds Against Pechstein, Upholds CAS Arbitration Agreement

220px-Claudia_Pechstein_2008The revolution in sports arbitration has been called off, at least for now: Today, the Federal Supreme Court (Bundesgerichtshof) reversed the much discussed judgment of the Munich Court of Appeals (Oberlandesgericht) in the case of Claudia Pechstein. Pechstein, the speed skater and five-time Olympic gold medalist, had sued the governing body of her sport, the International Skating Union (ISU) for damages suffered as a result of a doping ban Pechstein believes to be unlawful.The Federal Supreme Court ruled that the action was inadmissible in light of the arbitration agreement between the athlete and the ISU. Continue reading

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Slovakia v. Eureko: German Federal Supreme Court Refers Question of Validity of BIT Arbitration Amongst Member States to the ECJ

433px-Slovakia_coat_of_arms_1939-1945_svgWhether BIT arbitration between EU member states is permitted, as a matter of EU law, is heavily debated. The EU Commission strongly takes the view that there is no room for investment treaty arbitration amongst member states. As previously discussed here, the Commission has intervened in arbitrations in support of the position that the arbitral tribunal lacked jurisdiction to hear the dispute. Eureko v. Slovakia apparently is the first case where this issue has reached state courts, namely the courts in Germany. Earlier this week, in its second decision on the matter, the German Federal Supreme Court (Bundesgerichtshof), published its decision to refer the matter to the European Court of Justice (as I had expected it would). The Court clearly felt obliged to refer the matter to the European Court of Justice, but at the same time was very clear that in its opinion, investment treaty arbitration amongst member states is compatible with EU law. Continue reading

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