Wyrok Europejskiego Trybunału Praw Człowieka z 2 października 2018 r. w sprawie Mutu i Pechstein przeciwko Szwajcarii, skargi nr 40575/10 i 67474/10

The translated judgment of the European Court of Human Rights (ECtHR) was issued in a case in which the applicants alleged a violation of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms due to the lack of independence and impartiality of the Court of Arbitration for Sport (CAS). CAS is the most important body resolving disputes in the world of sports. It proves the ECtHR’s favourable attitude towards the institution of arbitration. The Strasbourg Court recognized CAS as an independent and impartial court established by law within the meaning of Article 6 section 1 of the Convention and emphasized the benefits for the parties and the entire justice system resulting from the existence of the arbitration dispute resolution procedure. It had a huge impact on the way in which fundamental issues of sports law were adjudicated, such as sanctions against athletes using doping or the admissibility of imposing sanctions on athletes for the actions of state authorities. The attitude of the ECtHR contrasts with the case law of the Court of Justice of the European Union, which established a number of conditions that must be satisfied by the judicial authority. They are difficult to be satisfied by most of arbitration bodies, which significantly hinders the development of arbitration in the European Union.