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Mutu and Pechstein v Switzerland: Sports Arbitration in the ECtHR (Part I)

Following the recent case of RFC Seraing and Doyen Sports Company v FIFA and Others [2018], the ECtHR took a look at the concerning world of mandatory arbitration clauses in sports contracts in the hugely important Mutu and Pechstein v Switzerland [2018], handed down last week.

Having posted an article recently about Sports Arbitration and its possible effects in the rugby world, this post serves as something of an update. After the RFC Seraing case discussed in the earlier article, the European Court of Human Rights has now had to consider the same area of law (albeit in a different case). This is the first piece in a two-part series. This article dissects the judgment, explaining the cases and the reasoning of the Court, while the second will look to comprehensively analyse and will consider the important dissenting judgment.

Though it is not a rugby case, its impact could be felt by the whole sporting world.

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