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 →
Last month, the judgment of the Munich Court of Appeals (Oberlandesgericht) that held the arbitral award of the Court of Arbitration for Sport (CAS) in Claudia Pechstein’s doping case to be unenforceable has attracted a lot of attention internationally. It has been called “ground-breaking”, “earth-shaking” and “revolutionary”. Antoine Duval of the T.M.C. Asser Instituut has done a great job and produced an English translation of the judgment, available at SSRN. I am sure that the translation is of great interest to large parts of the international arbitration community. I also hope that it helps to dispel some misconceptions about the judgment’s percieved hostility to sports arbitration. Here is Antoine’s take on the judgment: Continue reading →
Today, the Munich Court of Appeals (Oberlandesgericht) issued an interim judgment (Zwischenurteil) in the case of Claudia Pechstein, the speed skater. It held the arbitration agreement between Pechstein and the sport’s governing body, the International Skating Union (ISU), to be invalid on competition law grounds. As a consequence, Pechstein’s claims for damages suffered as a result of the doping ban can be brought in the German courts. Continue reading →
A one day conference on June 6, 2014, looks at the World Cup from various legal angles, primarily – but not exclusively – from an arbitration perspective. One session sounds particularly exiting: It brings together counsel for both parties in the Pechstein case, in which the District Court (Landgericht) München has recently issued a controversial judgment on the role of arbitration in sport, when it held an arbitration clause used by a sports in an athlete’s agreement federations to be invalid.