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- Title
Cour d'Appel de Bruxelles, Arrêt, 18ème chambre F affaires civiles, 29 agosto 2018, rep. n. 2018/6348, ruolo 2016/AR/2048.
- Authors
ZARRA, GIOVANNI
- Abstract
In the Seraing decision, the Brussels Court of Appeal stated that the arbitration clause contained in the FIFA and UEFA Statutes is invalid because it does not refer to a defined legal relationship. This is, on the contrary, a necessary requirement of arbitration clauses pursuant to art. II, par. 1, of the 1958 New York Convention and art. 1681 of the Belgian Code Judiciaire. The present paper critically analyses the decision, arguing that it does not take in due account the specialized area of the law (sport) in which this dispute is involved, the favor arbitrati principle (which seems to derive directly from the New York Convention) and the risk to produce conflicting decisions (domestic and arbitral) on the same matter.
- Publication
Rassegna di diritto ed Economia dello Sport, 2018, Vol 13, Issue 2, p450
- ISSN
1970-5611
- Publication type
Article