Category: Sports Arbitration

Sports Law: Federal Supreme Court Finds German Olympic Sports Confederation Liable for Failure to Nominate Athlete for Olympic Games

Willie_Banks_Jr__in_Seoul_1988Charles Friedek, the former triple jumper who was world champion in 1999, had sued the German Olympic Sports Confederation (Deutscher Olympischer Sportbund, DOSB) on the basis that DOSB wrongly failed to nominate him for the 2008 Olympic Games in Beijing. The German Federal Supreme Court (Bundesgerichtshof) has today confirmed the first instance judgment that had held DOSB liable for damages in principle. Friedek is claiming lost revenue, made up of foregone appearance fees, price monies and sponsorship deals. Read More

Public International Law in International Arbitration: 3rd Karl-Heinz Böckstiegel Lecture, Berlin, September 22, 2015

Berlin_Große_Orangerie_1987_01On September 22, 2105, Professor Bruno Simma, University of Munich and University of Michigan, will deliver the 3rd Karl-Heinz Böckstiegel Lecture, organized by the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit, DIS) and named after its Honorary Chairman, Professor Böckstiegel. The first lectures had been held in Bergisch-Gladbach, but this year, the date and location have been chosen to link into the DIS Autumn Meeting the following day in Berlin. The Autumn Meeting discusses Power Imbalances in International Arbitration.

The photo shows the venue of the lecture, the Orangery of Schloss Charlottenburg. Copyright Frank Schwichtenberg via Wikipedia

Sports Arbitration: German Arbitration Journal – Notes on the Pechstein Case

220px-Claudia_Pechstein_2008In this blog, we have dealt with sports arbitration in general, and the Munich Pechstein case in particular, on several occasions. This week, the most recent issue of the German Arbitration Journal (Zeitschrift für Schiedsverfahren) landed on my desk. It has two articles discussing the Pechstein case, which you might find of interest.

Christian Duve and Karl Ömer Rösch take a somewhat critical view of the decision of the Munich Court of Appeals (Oberlandesgericht). They argue that, as part of a public policy (ordre public) analysis, the anti-trust law could have been into account, however, in their view, the public policy would not have been violated. In a second article, Peter Heermann also discusses the Munich decision. In addition, he looks into the future, discussing the German draft anti doping legislation, that addresses sports arbitration. Here are the English language abstracts for the respective articles: Read More

Sports Arbitration: On Air Down Under on Aussie Rules Football before the CAS

essendonLast week, I had the honour of being interviewed by Tracey Holmes for her sports programme The Ticket on Australia’s ABC Radio which was aired on Sunday. Tracey put together a  special ‘Court of Arbitration for Sport 101’ edition in the wake of the announcement that the World Anti Doping Agency (WADA) will appeal an Australian case  – which has its own Wikipedia page  – against 34 past and present players of Essendon Football Club, nicknamed The Bombers, an Australian rules football club which plays in the Australian Football League (AFL). Read More