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SPORTS ARBITRATION AND EU LAW: WHAT IS AT STAKE?

Summary in the wake of the Opinion of the Advocate General Ćapeta in the Seraing case

The relationship between sports arbitration and European Union law is a dynamic and evolving issue that raises fundamental questions about the balance between autonomous dispute resolution mechanisms in the sports sector and the regulatory framework of the EU. This paper examines the implications of the Opinion of Advocate General Ćapeta in the Seraing case, which explores the intersection of sports arbitration, res judicata effect and the access to justice. Through a comprehensive of the case law of the Court of justice, the paper explores the stakes involved for the European legal order, including potential conflicts between private arbitration systems in sports and the broader public interest in ensuring fairness and transparency in the resolution of disputes. The findings emphasize the need for a nuanced approach to regulate sports arbitration in a manner that respects both the autonomy of the sports sector and the integrity of EU law.

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