In November 2013, the Munich Art Find made headlines world wide, when a newsmagazine broke the story about the seizure of an art collection in the apartment of Cornelius Gurlitt, the son of Hildebrand Gurlitt, a privileged art dealer in the Nazi period. With the help of some guest authors, we have covered the story and some of its legal implications quite extensively on this blog.* Things have been quiet recently, but today, the Court of Appeal (Oberlandesgericht) Munich announced its decision in the dispute about Cornelius Gurlitt’s last will, under which the Gurlitt art collection was bequeathed upon the Berne Museum of Fine Arts (Kunstmuseum Bern). Continue reading
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
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
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.