The current issue of the journal "SpuRt - Zeitschrift für Sport und Recht" (issue 5/2021, p. 250 ff.) contains an article by Prof. Cherkeh (together with Prof. Vieweg, University of Erlangen-Nuremberg) entitled
„CAS-Appeal-Verfahren: Kostentragung und das Gebot effektiven Rechtsschutzes“
("CAS Appeal Proceedings: Cost-bearing and the requirement of effective legal protection")
appeared.
Translated from the abstract:
„CAS proceedings and especially CAS appeal proceedings in doping disputes are associated with an exorbitant cost risk for athletes (both professional and recreational). The current version of the Legal Aid regulations in force since 01.09.2013, is not capable of limiting this cost risk in a way that complies with the constitutional requirements of effective legal protection and procedural equality of arms. According to the case law of the II. Civil Senate of the Bundesgerichtshof (BGH) (Federal Court of Justice), the review of the content of arbitration agreements providing for a CAS appeal procedure, which is to be carried out pursuant to § 242 BGB, leads to the invalidity of such agreements. A reduction that preserves the validity of the agreement is at most possible if an appeal to the CAS can be ruled out. Settlements which have been concluded to avoid costly CAS (appeal) proceedings are invalid due to violation of the requirement of effective legal protection.“
