n 2 October 2018, the European Court of When arbitration is not O Human Rights delivered an important judgment in the case of Mutu and Pechstein Home v. Switzerland (applications no. 40575/10 and no. 67474/10). The applicants were Mr Editorial voluntary: the case of Adrian Mutu, a professional footballer whose contract withChelsea had been terminated after anti-doping checksrevealed consumption of cocaine, and Ms Claudia Insight When arbitration is not Mutu and Pechstein v. Pechstein, a professional speed skater who had been voluntary: the case of Mutu subject to disciplinary sanctions as a result of anti-doping and Pechstein v. Switzerland tests. The cases were ultimately brought to the Court of Arbitration for Sport ("CAS"), which sits in Lausanne, Global Briefing Switzerland Switzerland. Since the CAS found against the athletes, The impact of The Belt and Road Initiative on investment they challenged the decisions before the Swiss Federal arbitration Supreme Court. After the Court upheld the arbitral awards, the applicants went to the European Court of Human “What’s in a name?”: NAFTA to USMCA and what this Rights. They alleged a breach of article 6 of the European change means for investment Convention on Human Rights, which provides in relevant protection part that “in the determination of his civil rights and obligations...everyone is entitled to a fair and public In Focus hearing within a reasonable time by an independent and Cultural Heritage impartial tribunal established by law”. Considerations in International Investment Arbitration It is the first time that the European Court of Human Rights has had the opportunity to check whether arbitral Smart Contracts and International Arbitration: proceedings conducted before the CAS comply with the Friends or Foes? European Convention. As discussed below, the Court in this case rejected the allegations made by the athletes The Achmea decision: significant uncertainties linger concerning the lack of independence and impartiality of the arbitrators. At the same time, the Court held that Investment Arbitration: Víctor Ferreres Comella Contact Lawyers Public Law It is the first time that the European Court of Human Rights has had the opportunity to check whether arbitral proceedings conducted before the CAS comply with the European Convention www.uria.com 3