Friday, March 27, 2015

Pechstein had a fair trial, says CAS

The Court of Arbitration for Sport (CAS) issued a statement on March 27, 2015, to point out that German speed skater Claudia Pechstein had a "fair trial".
Breaking its silence on the Pechstein issue that has shaken the foundations of the international arbitration court, based in Lausanne, CAS said "Claudia Pechstein had a fair trial, not only before the CAS Panel but also before the SFT (Swiss Federal Tribunal), and the judgment of the SFT, which remains in force, should have settled this matter definitively in 2010."
A German appeals court had upheld Pechstein's right to claim damages against the International Skating Union (ISU) after her doping case was disposed of by CAS and SFT.
In what could be of far-reaching consequences in sports arbitration around the world, the Munich court had questioned the neutrality of CAS and ruled that under German laws the winter Olympian could claim damages in a German court against the ISU.
"If, like in the Pechstein/ISU case, arbitration agreements were to be considered as invalid by state courts, even when not challenged at any stage during the arbitration, then the basic principles of international arbitration would be compromised," CAS has very rightly pointed out about the most startling ruling by the German court that theoretically at least opens up the possibility of a clutch of litigation around the world in all types of courts.
In a two-part piece on this blog, the issues were explained earlier 
The latest CAS statement is here



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