Executarea hotărârilor arbitrale străine din domeniul sportului pe teritoriul României
Enforcement of foreign arbitral judgements in sport in Romania

Summary/Abstract: The enforcement of foreign arbitral judgements in sports in Romania is a very interesting research topic and very topical from many points of view. On one hand, an international complex arbitral system was created for setting disputes between players, clubs, federations or agents, on the other hand, the number of foreing judgements in sport has grown exponentially in the past years and had a decisive influence on the development of national championships in various sports and, finally, the method of enforcement of these judgements has a certain specificity. The first part of this article describes and explains some of the main mechanisms and international arbitral jurisdictions in sport. The institutions selected for analysis are: Basketball Arbitral Tribunal (BAT), FIFA DRC (Dispute Resolution Chamber of the International Federation of Football) and the Court of Arbitration for Sport in Lausanne, Switzerland. In the second part of the article are presented and analyzed in detail two specific sport situations and, moreover, for a better understanding of the whole complex process of execution, some relevant jurisprudence is presented. The two situations refers to ex officio or voluntary enforcement and to ordinary enforcement. The examination of both situations is based on concrete case analysis: the example of the Romanian Football Federation and the one of a basketball club. For the second case, a special place is assigned to the exequatur institution, a specific concept of private international law which referes to a judicial proceeding in which, following the control over foreign arbitral judgements exercised by the state in which the enforcement is sought, the foreign arbitral judgement is declared enforceable.

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