Editor’s Note: Etienne
Gard graduated from the University of Zurich and from King's College London. He
currently manages a project in the field of digitalization with Bratschi Ltd.,
a major Swiss law firm where he did his traineeship with a focus in
international commercial arbitration.
1. Prelude
On the
10th of June, 1958, the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards, widely known as the “New York
Convention”, was signed in New York by 10 countries.[1] This rather shy figure progressively grew over the decades to now
reach 157 signatory countries, turning the New York Convention into the global
recognition and enforcement instrument it is today. As V.V. Veeder’s puts it, “One English law lord is said to have said, extra judicially, that the
New York Convention is both the Best Thing since sliced bread and also whatever
was the Best Thing before sliced bread replaced it as the Best Thing.”[2]
However,
among the overall appraisal regarding the New York Convention, some criticisms
have been expressed. For instance, some states use their public policy rather
as a pretext not to enforce an award than an actual ground for refusal.[3] A further issue is the
recurring bias in favor of local companies.[4] Additionally, recognition and enforcement procedures in application
of the New York Convention take place in front of State authorities, for the
most part in front of courts of law, according to national proceeding rules.
This usually leads to the retaining of a local law firm, the translation of
several documents, written submissions and one, if not several hearings. Hence,
the efficiency of the New York Convention as a recognition and enforcement
mechanism comes to the expense of both money and time of both parties of the
arbitral procedure.
In
contrast with the field of commercial arbitration, where the New York
Convention is often considered the only viable option in order to enforce an
award, international football organizations, together with the Court of
Arbitration for Sport (“CAS”), offer an effective enforcement alternative. This
article aims at outlining the main features of the indirect enforcement of CAS
awards in football matters in light of a recent case. More...