2016 | Septiembre 15
In a landmark decision dated 7 June 2016 (file no. KZR 6/15) the German Supreme Court has confirmed that the Court of Arbitration for Sport in Lausanne (CAS) is a properly constituted arbitral tribunal and that an arbitration clause included in agreements between an athlete and a monopolistic international sports association referring all disputes to the CAS was generally valid.
In 2009, the International Skating Union (ISU) decided to suspend Ms Claudia Pechstein, a highly honoured German speed skater and multi-olympic-medalist, because of an alleged doping infringement, when blood tests taken prior to the World Championship revealed an unusually high quantity of so called Reikulozyten in her blood. After unsuccessfully challenging the decision in arbitration proceedings before the CAS, as well as before the courts of the seat in Switzerland, Pechstein initiated further litigation in the German courts applying for a declaratory judgment that the CAS tribunal’s decision to suspend her was illegal.