Pechstein v. International Skating Union
Federal Court of Justice of Germany
Case KZR 6/15 (2016)
- Written by Eric Cervone, LLM
Facts
Claudia Pechstein (plaintiff) was an elite German speed skater. In order to compete in international competitions, Pechstein was required to comply with the International Skating Union’s (the union) (defendant) anti-doping regulations. Pechstein also signed an arbitration agreement that provided that any disputes would be brought before a court of arbitration and that the jurisdiction of ordinary courts of law would not apply. Pechstein submitted to a drug test, which indicated that she had violated the union’s anti-doping regulations. Pechstein was thus suspended from competition. Pechstein appealed to the court of arbitration, which dismissed her appeal. Pechstein then brought a complaint to German court, claiming that her ban was unlawful and ordering the union to pay her damages. The lower court ruled that the arbitration agreement was invalid, that the court of arbitration lacked sufficient justification, and that the court of arbitration’s market power created a presumption of abuse under German antitrust law. The issue was appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 804,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
