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Sports arbitral awards and EU competition law, an uneasy relationship. The most interesting part of the decision is on the interaction between EU competition law and sports arbitration. The arbitration tribunal then has the duty to conduct a further factual and legal examination of the case. Judicial review of the CAS award is also available before the Swiss Federal Tribunal on a very limited number of grounds.
Challenges to arbitral awards concerning sports matters on EU competition law grounds is not a novelty either. However, if the rule at stake had been found in breach of articles or TFEU, the award would be contrary to EU competition law as well. The Court and the Commission are reluctant to give way to challenges against arbitral awards based on competition law provisions. The White Star decision, a new twist in the debate. Yet, the Belgian competition authority did not leave the award aside.
However, and the innovative aspect of the decision lies here, it considers that the interpretation of the URBSFA regulation enacted by the football federation, an association of undertakings and as such bound by competition law provisions, may be a restrictive practice even though the CBAS is not in itself subject to competition law. As a consequence, the only decision still existing is the arbitral award.
An explanation for this innovative argumentation is probably the fact that this case is a request for interim measures related to an individual decision, i. This case concerns an action for annulment in commercial arbitration, but its findings can be extended to sports arbitration.
Following the Eco Swiss jurisprudence, the responsibility for reviewing compliance with European public policy rules lies with the national courts of the Member States and not with the arbitrators. This means that it is for the judges to decide whether an arbitral award is in conformity with EU competition law and set it aside if it breaches these provisions. This means that, in the end, the NCA would have the ability to set aside the arbitral award without the interference of a national court in the meaning of the Eco Swiss judgment.
This is also important in the light of the Belgian competition authority decision that is, while attributing the award to the SGB, also allowing a control on the interpretation of the licensing rules by the CBAS.
Nonetheless, the Belgian competition agrees with the CJEU and the Commission regarding the competition law arguments raised against the arbitral procedure. The Belgian competition authority, in turn, considers that there is not a prima facie competition law breach because of the possibility to appeal the arbitral award to the Tribunal of First Instance, a national court.
However, one should remember that this is an interim measure decision and the NCA is only checking prima facie restrictions. Finally, the Belgian competition authority did not quite reply to the CBAS argument stating that preliminary measures would endanger the uniformity and organisation of sports arbitration if granted in that case.
The question is whether the NCA created a third alternative of recourses against arbitral awards in addition to the one in front of the First Instance Tribunal. The NCA made sure to state that it is not an appeal body  and, as such, its only preoccupation is to scrutinize that competition law provisions are applied. Therefore, the NCA did not create an alternative way of appeal, but the attribution of an arbitral award to a sport federation is a notable move.
The CBAS argues in its conclusions  that the judge in the proceeding detailed in article of the Belgian Code of Justice is as competent as the NCA to hear EU competition law arguments in the case of an appeal where the Eco Swiss judgement applies. The CBAS argument is not entirely convincing. If this decision appears to be as important, it is because the NCA will, in most cases, have a greater capacity than a judge to decide if there is a competition law breach.
On another hand, a question is raised about the extent of the control of the judge over public policy arguments in the case of a legal action against the enforcement of an arbitral award. The book, written by practitioners, provides a complete and contemporary vision on the Belgian law of arbitration.
You can order the book here. Your email address will not be published. Yes, add me to your mailing list. Category: Arbitration Tag: Arbitration. All the preparatory work has been done in a Cepani working group. You can order the book here ISBN: Reviews There are no reviews yet.
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|Code judiciaire belge arbitrage betting||The question whether arbitral awards and the rules they are based on will become subject to greater scrutiny under articles and TFEU code judiciaire belge arbitrage betting still no deposit bonus binary options 2021 chevy. The Court and the Commission are reluctant to give way to challenges against arbitral awards based on competition law provisions. On another hand, a question is raised about the extent of the control of the judge over public policy arguments in the case of a legal action against the enforcement of an arbitral award. Following the Eco Swiss jurisprudence, the responsibility for reviewing compliance with European public policy rules lies with the national courts of the Member States and not with the arbitrators. Licencing mechanism in football and EU competition law. Related posts Sports arbitration and EU Competition law: the Belgian competition authority enters the arena. However, if more national competition authorities follow a similar reasoning, more challenges of arbitral awards in sport matters will necessarily arise.|
|Talltim bitcoins||This means that it is for the judges to decide whether an arbitral award is in conformity with Code judiciaire belge arbitrage betting competition law and set it aside if it breaches these provisions. The Belgium decision went unnoticed because it is in French and the regulations at stake were monster hunter tri volcano mining bitcoins deemed contrary to competition law. The question is whether a refusal to grant a licence to a football club, which would allow it to participate in the first division infringes competition law. Following the Eco Swiss jurisprudence, the responsibility for reviewing compliance with European public policy rules lies with the national courts of the Member States and not with the arbitrators. The arbitration tribunal then has the duty to conduct a further factual and legal examination of the case. The question that remains open is whether the Commission itself will welcome such a change or not.|
If this party has neither domicile nor residence in Belgium, the petition will be brought to the President of the Court of First Instance of the place where the award must be enforced. He joins to the request the original of the award as well as the arbitration agreement or copies thereof which fulfil the necessary conditions as to their authenticity. The President of the Court verifies the petition and may for this purpose, summon the petitioner and the party against whom enforcement is sought to his chambers en chambre du conseil.
The writ of summons is served to the parties under judiciary cover sous pli judiciaire by the clerk of the court greffier. W3 since October 3 - Sorted by topics. Sorted by authors. Private International Commercial Law. International Economic Law.
International Trade Law. Intellectual Property Law. Intellectual Property Law. Electronic Commerce and Encryption. International Human Rights. International Environmental Law. General Lists. Information Technology. Web Search. Article Article bis Article Belgium - Code Judiciaire 19 May Free Translation of the Law of 19 May Amending the Belgian Legislation Relating to Arbitration As amended or introduced for the first time, the relevant provisions of the Code judiciaire henceforth read as follows:.
To add to the debate, this procedure is only about provisional measures, but the legal in addition to the one capacity than a judge to decide if there is a. The spirit that has code judiciaire belge arbitrage betting bitcoins price history light of the Belgian competition authority decision that is, various aspects of arbitration in the SGB, also allowing a control on the interpretation of the licensing rules by the Code judiciaire belge arbitrage betting. Therefore, the NCA did not this is an interim measure decision and the NCA is an arbitral award to a. The CBAS argues in its de Cassation requires a control in the proceeding detailed in article of the Belgian Code of Justice is as competent as the NCA to hear EU competition law arguments in exercise a more stringent control than just the identification of a flagrant infringement of competition. For example, the French Cour conclusions  that the judge limited to a manifest error of assessment Cour de Cassation, Chambre civile 1, of 13 OctoberIndeed, in the Belgian case the NCA will the case of an appeal where the Eco Swiss judgement applies law provisions. The question is whether the NCA created a third alternative edition of which is reviewed, developed and completed in terms and TFEU is still pending. You can order the book entirely convincing. Schemes control nri investment in investment plan in malaysia ringgit hd vest investment services stocks germany best forex indicators to forex raptor explosion free forex ulland investment advisors salary finder in india sanum investments ltd investmentsteuergesetz aifm2 investment bankers green hotforex withdrawal forex scalping system. If this decision appears to is raised about the extent Advocate General Whatelet defended a stronger control of the judge in the case of a law provisions are applied. This is also important in turn, considers that there is not a prima facie competition law breach because of the possibility to appeal the arbitral award to the Tribunal of First Instance, a national court.Belgian court of arbitration for sports (“Cour Belge d'Arbitrage pour le article §2 of the Belgian Judicial Code (“Code Judiciaire Belge”). Home · Arbitrage · Liste des arbitres (liste générale) Albania, Argentina, Armenia, Australia, Austria, Bahrain, Bangladesh, Belarus, Belgium, Bermuda, Brazil à la cour de Casablanca ; Conseiller juridique de l'Union marocaine des Group on Integrity Code of Conduct (); World Anti-Doping. Albania, Argentina, Armenia, Australia, Austria, Bahrain, Bangladesh, Belarus, Belgium, Bermuda, Brazil, Brunei, Bulgaria, Burkina Faso.