Questão jurídica principal
Whether the CAS had jurisdiction despite alleged non-arbitrability under Serbian law
Decisão extraída
The objection was inadmissible in part and, in any event, unfounded; the dispute was arbitrable under Art. 177(1) PILA and no ordre public violation was shown.
Fundamentação extraída
The Court held that arbitrability is determined materially under Swiss law when PILA applies. The respondent’s reliance on a possible Serbian internal rule or on possible non-enforcement in Serbia did not defeat jurisdiction.