Claudia Pechstein continues to champion her cause for changes on the CAS system. Her relentless efforts in attempting to have a German high court decision reinstated could potentially upset the foundations of the CAS system: the sought unconstitutionality of CAS clauses, tribunals and procedures leaves CAS awards entirely inert in Germany. In parallel, her claims before the European Court of Human Rights have put the spotlight, once again and now with wider reach, on the CAS’s legitimacy as an institution and on the fairness of its rules. A constructive debate on the future of CAS is critical to ensure that the system is improved before it is stricken out altogether.
Iurgium [previously Spain Arbitration Review]