Login

Please login here

Registration

Register to continue to view the articles on LawInSport if you do not have a login. Its free and takes less than a minute to complete

UNDERSTAND THE RULES OF THE GAME

Key CAS Ad Hoc Division cases handed down at the Olympic Games

Published 04 August 2016 | Authored by: Christian Keidel Alexander Engelhard

With the 2016 Summer Olympic Games in Rio in August 2016, sport arbitration is going to face again immense pressure to effectively resolve legal disputes in a narrow time window. For the eleventh time, the Court of Arbitration for Sport Ad Hoc Division (CAS AHD) will hold on-site hearings in disputes related to the Olympic Games and will deliver decisions within 24 hours from the submission of the claim, or within a timeframe compatible with the competition schedule. The CAS AHD as a so-called “CAS-Firefighter1 has become indispensable to the Olympic Games and has received worldwide recognition for the awards that it renders with the utmost speed.2

This article examines several recent and significant CAS AHD decisions from prior Olympic Games to give context and insight into some of the substantive issues that may arise for the body over the coming weeks. It follows on from the authors’ related article The legal framework of the CAS Ad Hoc Division at the Rio Olympic Game, which explains the legal framework and operation of the CAS AHD at Rio 2016 (and which we suggest is read first).

 

Questions of CAS AHD Jurisdiction

The first decisive issue in a CAS AHD proceeding is whether the CAS AHD actually has jurisdiction over the dispute. As previously mentioned, the jurisdiction of the CAS AHD to hear disputes between athletes and the IOC, the relevant NOCs and the international federations in connection with the Olympic Games, derives from the Entry/Eligibility Conditions Form that the participating athletes are required to sign.

A problem arises as such forms are usually not signed by athletes who are not nominated by their NOC to participate in the Games, which is the exact reason why they would submit an application before the CAS AHD. At the 2012 Summer Olympic Games in London, the CAS AHD was faced with this exact problem in the case of the show jumper Denis Lynch. Following a decision passed by the Irish NOC and Horse Sport Ireland (HSI), Mr Lynch was not nominated to be part of the Irish Olympic team.3 Mr Lynch challenged the decision before the CAS AHD. HSI objected to the jurisdiction of the CAS AHD as Mr Lynch had neither signed the Eligibility Conditions Form of the IOC nor had he submitted to the statutes of the Irish NOC or those of HSI granting jurisdiction to the CAS for challenges against Olympic nomination decisions.

The CAS AHD ruled that it did not have jurisdiction to hear the dispute. The panel rejected Mr Lynch’s argument that when in doubt, the CAS always has jurisdiction to rule on sport-related disputes. This jurisdictional problem can be avoided by NOCs entering into agreements with athletes granting jurisdiction to the CAS as part of the appointment procedure.4

As mentioned, the CAS AHD only has jurisdiction when the dispute arises during the Olympic Games or during the ten days preceding the Opening Ceremony (Article 1 CAS Ad Hoc Rules). The CAS AHD verifies the fulfilment of this jurisdictional prerequisite even when none of the Parties to the arbitration invoke the lack thereof. The timing of when a dispute arises is to be determined through an objective interpretation of the parties’ actions, according to CAS AHD jurisprudence. In the matter WADA v Zachery Lund,5 the latter had tested positive for Finasteride.

...to continue reading register here for free

 

LawInSport is an independent publisher used by sports lawyers, sports business executives and administrators, athletes and support personnel, academics and students to stay informed of the latest legal issues and developments from the world of sport. It is our mission to improve the accountability, transparency and standard of the administration and governance of sport and the understanding of the law.

Thank you for considering becoming a member of LawInSport, supporting independent media and the promotion well researched, reference and accessible legal information that contributes to greater transparency and accountability in the sport and legal sectors.

 


 

Related Articles

About the Author

Christian Keidel

Christian Keidel

Christian Keidel is a salary partner at Martens Lawyers in Munich, Germany. He joined Martens Lawyers as part of the initial spin-off team from Beiten Burkhardt, an international commercial law practice. Christian holds a legal degree from the University of Munich and has also studied at the University of Seville.

  • This email address is being protected from spambots. You need JavaScript enabled to view it.
Alexander Engelhard

Alexander Engelhard

Alexander Engelhard is a senior associate at ARNECKE SIBETH in Frankfurt, Germany. He advises German and international clients in the sports, media and entertainment industry. His particular focus is on dispute resolution, especially in sports-related cases. He also advises clients on the drafting of rules and contracts, including agreements dealing with copyright and media law. As a former Vice-President of the FIFA Master Alumni Association (FMA) Alexander has access to a global network in sport.

  • This email address is being protected from spambots. You need JavaScript enabled to view it.

Leave a comment

Please login to leave a comment.

LiS logo horizontal tm WHT