Ordine pubblico europeo e arbitrato extra-UE: il paradigma dell’arbitrato sportivo

The Court of Justice of the European Union has long recognized that the compliance of arbitral awards with European public order rests on two pillars: a) the oversight of the award by a State judge, particularly during judicial recourse for the setting aside, and b) the possibility for the reviewing judge to refer the matter to the European Court for a preliminary ruling. This system can face challenges when arbitration takes place in a non-EU state. The author uses the arbitration of the Court of Arbitration for Sport (CAS) in Lausanne as a paradigm, examining cases such as the Royal Football Club Seraing case, where the Belgian judge questioned whether a CAS award could have effect within the EU if it violates public order, and the ISU case, which similarly highlights the vulnerabilities of CAS arbitration, particularly with regard to the judicial review of the award.