Abstract:
The rulings by the Munich local court and the high court in the Pechstein Case called into question of the independence of the Court of Arbitration for Sport (CAS), as well as of the fairness of arbitration procedure. And this challenge will not disappear with the reversed decision by the Germany Supreme Court. CAS must be reformed to keep on its step with the time. That is, the leader of the International Council of Sports (ICAS) and the CAS arbitrators list should have more representatives from the athletes and the independent third parties. The nomination methods of the chairman of the arbitration panel or the sole arbitrator shall be improved. The conditions for the application for the legal aids should be more flexible. The judicial review of the CAS arbitration awards should be reinforced. All the institution design should safeguard the fairness of the international sports arbitration mechanism.