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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Sports Arbitration: Munich Court Finds Arbitration Clause Invalid in Pechstein Case

The Munich District Court (Landgericht München I) issued a judgment today which, if confirmed upon appeal, could have a significant impact on sports arbitration in Germany. Today’s decision came in proceedings brought by German speed skater Claudia Pechstein against the International Skating Union (ISU) und its German member, Deutsche Eisschnelllauf-Gemeinschaft (DESG) for damages suffered as a result of a doping ban. Pechstein’s damages claim was dismissed, but the Munich court found the arbitration clause contained in the athletes’ agreement between Pechstein and both the ISU and DESG to be invalid. Continue reading

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