Originally from Dispute Resolution Journal

Preview Page

Recent Decisions by National Courts

GERMANY

In a decision dated April 19, 2018 but only recently published (Docket No I ZB 52/17), the German Federal Court of Justice held that revised arbitration rules are generally applicable to arbitration agreements concluded prior to the revision entering into force; however, such revisions will not apply insofar as they specify or alter the group of potential claimants or respondents entitled to bring a claim under the arbitration agreement.

Background

The applicant in these proceedings was a German wrestler who had concluded an arbitration agreement with the German Wrestling Federation (“DRB”) on January 10, 2015. The arbitration agreement provided:

“All disputes relating to the DRB Regulations on Anti-Doping (NADA Code 2015) and which concern a violation of anti-doping provisions and can thereby result in the suspension of the athlete are to be decided under the German Institution of Arbitration Sports Arbitration Rules (DIS-SportSchO).” (Translated from the German original)
The respondent, the German National Anti-Doping Agency (NADA), accused the applicant of violating anti-doping provisions and provisionally suspended him. On review, the DRB determined that a violation of its internal anti-doping regulations had not been established and consequently lifted the suspension.