Introduction

For the first time in more than 20 years, the Supreme Court has annulled an international arbitral award for breach of substantive public policy. In a landmark ruling the Supreme Court overruled a Court of Arbitration for Sport award in which a decision of the International Federation of Association Football (FIFA) Disciplinary Committee was confirmed. The decision had found Brazilian football player Francelino da Silva Matuzalem and Spanish football club Real Saragossa guilty of breaching their obligations towards Ukrainian football club Shakhtar Donetsk. Among other consequences, Matuzalem would have automatically been banned from any activity in connection with football pursuant to the applicable FIFA regulations. The Supreme Court considered such a worldwide ban to be a breach of public policy, and particularly an excessive commitment in the sense of Article 27(2) of the Civil Code.