Pechstein v. International Skating Union
Federal Court of Justice of Germany
Case KZR 6/15 (2016)
Elite German speed skater Claudia Pechstein (plaintiff), required to comply with the International Skating Union's (defendant's) anti-doping regulations to compete internationally, signed an arbitration agreement designating a specialized court of arbitration as the exclusive forum for disputes, excluding ordinary courts. After a drug test indicated an anti-doping violation, Pechstein was suspended, appealed unsuccessfully to the court of arbitration, and then sued in German court claiming the ban was unlawful and seeking damages; the lower court found the arbitration agreement invalid, the arbitration court insufficiently justified, and its market power created a presumption of antitrust abuse under German law, prompting appeal.
Whether an athlete who voluntarily signed an arbitration agreement is bound by the resulting decision of an international sports arbitration court, where that court is independent and neutral, despite the mandatory nature of the underlying anti-doping regulatory framework.