Today, 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).
The 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
Dear Readers, as 2016 begins, I had a look at what you read in 2015. There are two topics that emerge as favourites: On the one hand, investor state arbitration, and on the other hand, sports arbitration. Out of the top ten, posts no. 2, 6 and 7 all relate the decision of the Munich courts in the Pechstein case, where an award of the Court of Arbitration for Sport in a doping case was not recognized in Germany.
Earlier this month, we reported the decision of the Federal Supreme Court (Bundesgerichtshof) to hold the Olympic Sports Confederation (DOSB) liable for damages for its failure to nominate Charles Friedek, the former triple jump world champion, for the Bejing Olympic Games. On Friday, the Federal Supreme Court published the full judgment. Continue reading