Questione giuridica chiave
Whether the arbitration appeal was admissible despite an alleged waiver of recourse under the ITU statutes and procedural orders.
Decisione estratta
The alleged waiver did not clearly and expressly renounce recourse as required by Article 192 LDIP.
Motivazione estratta
An exclusion of appeal must be explicit and mention the waived remedy; a reference in procedural orders to a statutory clause stating the award is 'without appeal' is not enough.