Pechstein v. International Skating Union (ISU) and Deutsche Eisschnelllauf Gemeinschaft e.V. (DESG) [Pechstein I] No. 4A_612/2009 - Swiss International Arbitration Law Reports (SIALR) - 2010 Vol. 4 Nos. 1 & 2

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November, 2014

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Originally from: 

Swiss International Arbitration Law Reports 2010 Vol. 4 Nos. 1 and 2

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No. 22

Pechstein v. International Skating Union (ISU) and

Deutsche Eisschnelllauf Gemeinschaft e.V. (DESG)

[Pechstein I]

No. 4A_612/2009

Headnote

■ Arbitration of sports-related disputes under the CAS Code has

particular features of its own. The CAS is an independent arbitral

institution and CAS panels are arbitral tribunals proper.

■ The complaint that the chairman of the arbitral tribunal declared

in a different context that he took a “hard line” in doping matters is

too vague and general in order to give rise to justifiable doubts as to

the proper constitution of a CAS panel.

■ An application to have an award set aside must rest on one of the

grounds exhaustively set out in article 190(2) FPILA. No other legal

provision or treaty can be invoked, irrespective of its position in the

hierarchy of legal rules in national or international law

(confirmation of previous decisions).

■ An award containing inherently inconsistent reasons is not per se

contrary to public policy (obiter; departure from previous decisions).

Summary of the Decision

Ms. Claudia Pechstein, a German ice speed-skater, underwent

numerous blood analyses by the International Skating Union (ISU)

between 2000 and 2009. During a competition, samples taken by the

ISU revealed an increased level of reticulocytes and the athlete was

banned for two years for blood doping. The athlete appealed against

this decision before the Court of Arbitration for Sport (CAS). A CAS

panel confirmed the two-year ban.

Ms. Pechstein sought to have the award set aside by the Federal

Supreme Court.

The application was denied.

Firstly, the Court recalled that an application to set aside an arbitral

award must rest on one of the grounds exhaustively set out in article

190(2) FPILA. The petitioner could not therefore rely on a breach of

the Swiss Federal Constitution, the European Convention on Human

Rights (ECHR) or any other international treaties.