Invalidity of arbitration agreement when lack of choice to refuse it
On 28 February 2014, the Regional Court of Munich rendered a decision in the matter opposing German speed skater Claudia Pechstein to the ISU (Judgment of the Regional Court of Munich I, Case Number 37 O 28331/12; the judgment is not final). This decision is sending waves through the sports arbitration community.
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For the first time, the Supreme Court sets aside an arbitral award on grounds of substantive public policy
On 27 March 2012, the Swiss Supreme Court set aside a CAS award in the matter Silva Matuzalem v FIFA, holding that the ban on any football-related activity imposed on Matuzalem was contrary to Swiss Public Policy. This decision is of major importance since it constitutes the second decision in which the Swiss Supreme Court annuls a CAS award on grounds of public policy.
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Sports Arbitration and Due Process: The Sequel
In a post dated March 2, 2011, I reported about a Swiss Supreme Court decision of February 20, 2009 where the Supreme Court had confirmed a CAS award which deemed an appeal withdrawn after the appellant had failed to pay the advance on costs. As it turns out, about a month after this post, the saga continued with the Supreme Court rendering another decision related to this matter.
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Sports Arbitration and Due Process
Sports arbitration gives rise to a specific concern with respect to the issue of consent. Often, athletes find themselves before arbitral tribunals whose jurisdiction was not directly chosen by them, but to which they are attracted for the sole reason that they signed an agreement with a federation which submits its disputes to arbitration.
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