The Limited Immediate Effects of CJEU’s Achmea Judgement

It seemed that Court of Justice of the European Union wanted to make it short and sweet: It took the Grand Chamber in its Achmea Decision less than fifteen pages to conclude that Investor-State dispute settlement (ISDS), as we know it, shall belong to the past, at least in an intra-EU context. Finito della musica? Not quite!

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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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