What Limits Does German Law Impose on Externally Determined Arbitration Agreements in Sports and Commercial Arbitration?
Kluwer Arbitration
MAY 12, 2024
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 one party.
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