Ordre Public Scores the Winner as Mandatory Arbitration Watches from the Bench: The CJEU’s Decision in Case C-600/23 Royal Seraing Football Club

The case discussed here provides an extensive illustration on the interaction between EU law and arbitration as well as the Court of Justice of the European Union’s approach to it. The judgment concerns a CAS arbitration between a Belgian football club and the world football association, FIFA. The Court was asked, in a preliminary reference, whether the principle of effective judicial protection precludes the res iudicata effects of CAS awards. In its judgment, the Court clarified that for an award to have res iudicata status, it must have been effectively scrutinised for possible violations of EU ordre public. The Court also discussed whether CAS arbitration constitutes ‘mandatory arbitration’ and how this concept affects the principle of effective judicial protection. Another key issue was the special system of enforcement carried out by sports associations. The case note examines this reasoning and evaluates the Court’s findings. It moreover sets out to question how the judgment relates to the position of arbitration in the EU system at large, the effects on the implementation of the New York Convention by member states and the practical implications this judgment has for ongoing and future disputes. Based on this critical assessment of the framework set out by this judgment, the case note aims to give suggestions for its implementation by state courts and point out fallacies to be aware of in future arbitration cases.