Compelled consent - Pechstein & the dichotomy and future of sports arbitration

“The plaintiff has signed the arbitration agreement voluntarily. The fact that she acted determined by others since she would not have been able to compete otherwise does not render the agreement invalid”. With this contradictory reasoning, Germany’s Federal Court of Justice announced its judgment in the much anticipated Pechstein case.

Nick De Marco’s recent in depth article reflects on that judgment and considers the role of consent in arbitration and whether it is necessary to require players to consent to sports arbitration. It argues that international sports regulation depends on compulsory arbitration, but that as a result significant reforms to the procedure of both the CAS and domestic sports arbitral bodies are required to promote fairness and impartiality and to protect the interest of players.

Nick’s paper can be read in full here.