In 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: Continue reading →
In February 2015, I wrote about the Wilhelmshaven case: The Bremen Court of Appeals (Oberlandesgericht) had found in favour of SV Wilhelmshaven, a northern German amateur football club, in its dispute with FIFA and the German Football Association, DFB. I looked at the case primarily from an arbitration perspective – I viewed it as a variation of the theme in the Pechstein case: Yet another matter where the state courts criticize the system of, or rather, the design of sports arbitration. In his blog, Jan F. Orth has published a preview of a forthcoming case* note that defends sports arbitration as we know it, and predicts that the Bremen judgment will not stand the scrutiny of the Federal Supreme Court (Bundesgerichtshof). Continue reading →
The Pechstein decision of the Munich Court of Appeals (Oberlandesgericht) of January 15, 2015 has made headlines. The Munich court refused to recognize an arbitral award of the Court of Arbitration for Sport (CAS), since it held the underlying arbitration agreement between Claudia Pechstein, the speed skater, and her sport’s governing body to be invalid. Just two weeks earlier, another German Court of Appeals also had held a CAS award to be unenforceable. The Bremen Court of Appeals on December 30, 2014 found in favour of SV Wilhelmshaven, a northern German amateur football club, in its dispute with FIFA and the German Football Association, DFB. Continue reading →