CAS arbitration and the 1958 New York Convention after ISU and RFC seraing

Abstract The paper explores the relationship between the Court of Arbitration for Sport (CAS), the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the recent jurisprudence of the Court of Justice of the EU (CJEU). The CAS’ embeddedness within the legal framework of international arbitration has recently been challenged amidst a general backlash against sports arbitration from Europe. CAS arbitration featured prominently in the CJEU’s recent judgments in International Skating Union and RFC Seraing . Following these decisions, the paper examines how the 1958 New York Convention and EU law interact in the sports arbitration context. It argues that compulsory arbitration agreements providing for CAS arbitration fall within the scope of application of the 1958 New York Convention. According to the jurisprudence of the CJEU, EU Member States are required to review arbitration agreements and arbitral awards for violations of EU public policy. The paper concludes that this duty is reconcilable with the obligations of EU Member States as Contracting States of the 1958 New York Convention.