Decision of the Federal Court on the doping ban of speed skater Claudia Pechstein

Facts

Claudia Pechstein, a 37-year-old German speed skater and one of the most successful winter athletes of all time, was banned for two years by the International Skating Union (ISU) for blood doping. Pechstein appealed the decision of the ISU Disciplinary Commission to the Court of Arbitration for Sport (CAS). The CAS dismissed the appeal and confirmed the two-year ban.

Pechstein then filed a civil law complaint with the Federal Court. She criticized, among other things, the independence and impartiality of the CAS, a violation of the right to be heard, and a violation of public policy.

Considerations

The Federal Court dismissed the complaint. It concluded that the allegation of a lack of independence of the CAS was contrary to good faith, as Pechstein had invoked the arbitral tribunal itself and had not raised any objections. The other allegations of the complainant also proved to be unfounded.

The Federal Court stated that an obviously incorrect or file-contradictory finding of fact alone is not sufficient to set aside an international arbitral…