POSTS BY Antoine Duval

The Pechstein case: Transnational constitutionalism in inaction at the Bundesgerichtshof

How independent is the Court of Arbitration for Sport, or the international sport governing bodies (SGB) in general? This question was at the heart of the Pechstein case before the German Federal Court (BGH). The BGH considers that the CAS is a true arbitral tribunal in the sense of German civil procedural law and that it is not structurally imbalanced in favour of the SGBs. In this blog post, I will aim at critically unpacking and deconstructing the four arguments the decision is based on, one by one.

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The Pechstein case: Transnational constitutionalism in action at the Bundesgerichtshof

Constitutional review is not anymore exclusively located where we would traditionally expect it: in national constitutional courts. Functional equivalents to constitutional review play out in various courts as a new legal game of power and counter-power shapes up for the global age. Sport, broadly speaking, is a fruitful field to study the transnationalization of law. I propose to put on constitutional lenses to analyse the current case pitching speed skater Claudia Pechstein against the International Skating Union (ISU) in front of the Bundesgerichtshof.

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