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

Share and Enjoy

Munich Court on Notarial Form Requirement for Arbitration Agreement and Kompetenz-Kompetenz

German law requires notarial form for many commercial transactions, in particular for real estate contracts and the sale and transfer of GmbH Shares. Thus, a decision by the Munich Court of Appeals (Oberlandesgericht München) on challenges to an arbitration agreement based on the lack of notarial form is of great practical relevance.

Continue reading

Share and Enjoy

Update: Russian Arbitrazh Court Not an Arbitral Tribunal

A couple of comments in the LinkedIn International Arbitration and Arbitration Experts groups discussed my post on the Russian Arbitrazh court’s judgment before the Munich Court of Appeals (Oberlandesgericht) – raising, amongst other things, the question what the situation would have been if an application had been made for recognition as a foreign judgment, rather than as an arbitral award, so I thought I briefly address the issue: Continue reading

Share and Enjoy

Russian Arbitrazh Court Not an Arbitral Tribunal, Says Munich Court of Appeals

The Munich Court of Appeals (Oberlandesgericht) has held that a Russian Arbitrazh Court (Arbitragegericht, in the German original) is a state court, and not an arbitral tribunal. As a result, the application to the Munich court to recognize and enforce the Arbitrazh court’s judgment as a foreign arbitration award pursuant to Sec. 1061 German Code of Civil Procedure (ZPO) and the New York Convention was denied. Continue reading

Share and Enjoy