Questione giuridica chiave
Whether the complaint against the CAS remittal award was admissible despite relying only on ordre public
Decisione estratta
The award was a non-final arbitral decision; in such a case only challenges based on the arbitrator appointment/composition and jurisdiction may be raised. Because the appellant invoked only ordre public, the complaint was inadmissible.
Motivazione estratta
The CAS decided only on the validity of the option clause and breach, but not on the consequences, and therefore issued an interim decision. Under the applicable arbitration rules, interim decisions can be attacked only on the limited grounds of Art. 190(2)(a) and (b) PILA; a complaint based solely on Art. 190(2)(e) PILA cannot be heard.