The analysis of the decision of the Federal Constitutional Court (Bundesverfassungsgericht – the “Court”) dated 3 June 2022 (1 BvR 2103/16) in the Pechstein case (the “Pechstein Decision”, also covered in a previous post) shows constitutional limits to arbitration agreements that are externally determined, i.e., agreements whose content can be de facto determined unilaterally by…

The arbitration world’s most famous ice skater, Claudia Pechstein, has won a stage victory in her long-lasting and widely discussed struggle against the international sports arbitration system. On June 3, the German Federal Constitutional Court (Bundesverfassungsgericht (BVerfG), Beschluss vom 3.6.2022, 1 BvR 2103/16) sided with Pechstein in her constitutional complaint against a ruling of the…