The Higher Regional Court of Munich holds that the arbitration clause used by the International Skating Union referring all challenges to the Court of Arbitration of Sport was in breach of German competition law (Pechstein)

I. The Facts In 2009 Ms. Claudia Pechstein, a successful German speed skater, was banned by the International Skating Union (ISU) from all skating competitions for two years. Ms. Pechstein had tested positive in a doping control that was held during the ISU skating world cup in Norway. The athletes participating in the tournament had to sign a registration form for the tournament that included a dispute resolution clause (arbitration clause). This arbitration clause required participants to bring any challenges against an ISU decision before the Court of Arbitration for Sport (CAS). Ms. Pechstein challenged the decision before the CAS, but to no avail. She also appealed the CAS’s decision before Swiss Courts which, however, upheld the ban. Following her unsuccessful appeals in

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Authors

  • Hogan Lovells (Munich)
  • Freshfields Bruckhaus Deringer (Berlin)

Quotation

Christian Ritz, Ilka Mauelshagen, The Higher Regional Court of Munich holds that the arbitration clause used by the International Skating Union referring all challenges to the Court of Arbitration of Sport was in breach of German competition law (Pechstein), 15 January 2015, e-Competitions Bulletin January 2015, Art. N° 74675

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