When dealing with sports law and reading the decisions of the Basketball Arbitration Tribunal (BAT) or the Court of Arbitration for Sport (CAS), we are confronted with the term Verwirkung. So what exactly is this term and how is it applied in BAT?
This term follows from the general principle of good faith and fair dealing (ex aeque et bono). The other party’s reliance may be based on a specific act, a statement or on the silence of the party.
In common law this principle is known as Estoppel. In BAT it is called Verwirkung.
See the excerpt from my presentation at the 2nd Annual BAT User Conference:
For the Verwirkung principle to apply in case law, two conditions are necessary:
Perhaps, the concept of Verwirkung is best reflected in BAT 0593/14 award.
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