The application filed by Tai Cheau Xuen (Malaysia) is dismissed by the CAS
2 October 2014 – The ad hoc Division of the Court of Arbitration for Sport (CAS) present in Incheon for the Asian Games ruled today on the application filed by the Malaysian athlete Tai Cheau Xuen against the decision of the Olympic Council of Asia (OCA) to disqualify her from the 17th Asian Games and to withdraw her medal. Tai Cheau Xuen won a gold medal in the sport of Wushu on 20 September 2014, but subsequently tested positive for the banned stimulant sibutramine (A and B samples).
The athlete decided to challenge the OCA decision as she noted some departures from the International standard for testing procedure. She filed an application at the ad hoc Division of CAS on 1 October 2014. A hearing was held this morning before a CAS Panel composed of Justice Catherine Davani (Papua New Guinea), President, Prof. Dong Su Ahn (Korea) and Ms Thi My Dung Nguyen (Vietnam) in the presence of the Chef de mission of the Olympic Council of Malaysia, representing the athlete, and of the OCA representatives.
The Panel rendered its decision at 3:30pm today, dismissing the application of the athlete and confirming the OCA decision to disqualify her from the Games. As a consequence, the medals in the women’s Wushu Nanquan and Nandao competition will be re-allocated by OCA.
The full award with grounds will be published on 3 October 2014.
This is the third case handled by the ad hoc Division in Incheon so far. The CAS did not have jurisdiction to entertain the first two applications (one related to the sport of squash and the second to Equestrian).
Further to the agreement signed in 2010 between the Olympic Council of Asia (OCA) and the International Council of Arbitration for Sport (ICAS), the Court of Arbitration for Sport (CAS) has established an ad hoc Division at the 17th Asian Games in Incheon, Korea. Its office is located at the Oakwood Premier Hotel and is operational until 4:00pm on 4 October 2014. The objective of the temporary CAS office in Incheon is to ensure that participants have free access to justice rendered within time limits that keep pace with the competitions.
In accordance with the Arbitration Rules for the 2014 Asian Games, the ICAS, an independent body under the aegis of which the CAS operates, elected its member Michael Hwang (Singapore) to serve as President of the Division and selected six CAS arbitrators to form the tribunal: Dong Su Ahn (Korea), Bruce Collins (Australia), Catherine Davani (Papua New Guinea), Chi Liu (China), Thi My Dung Nguyen (Vietnam) and Vinayak Pradhan (Malaysia). The office in Incheon will be headed by the CAS Secretary General, Matthieu Reeb.
The CAS is a permanent arbitration institution founded in 1984 and specialized in the resolution of sports law disputes. It has its headquarters in Lausanne, Switzerland, with decentralized offices in New York and Sydney, and Alternative Hearing Centres in Abu Dhabi, Shanghai, Kuala Lumpur and Cairo. It has nearly 300 arbitrators coming from 85 countries and handles approximately 400 cases per year.
- Tags: 2014 Asian Games | Anti-Doping | Asian Games Incheon | Court of Arbitration for Sport (CAS) | Court of Arbitration for Sport Ad Hoc Division | Malaysia | Olympic Council of Asia (OCA) | Wushu