Vinesh Phogat awaits CAS decision after Paris Olympics disqualification: What is the Court of Arbitration for Sport?
The CAS was established in 1984 and is an international body for settling disputes related to sport through arbitration.
Vinesh Phogat was in imperious form as she made her way to the women’s 50kg final at the ongoing Paris Olympics 2024. But Lady Luck had other plans as Phogat narrowly missed the weight retirement by only 100 grams and she was disqualified from the final. Earlier, she had created history when she became the first Indian woman wrestler to qualify for an Olympic final.
Since then, Phogat has appealed to the Court of Arbitration for Sports (CAS) for permission to fight for gold. If it is granted, she has requested to be awarded a joint silver medal. The interim ruling by CAS is expected on Thursday.
The CAS was established in 1984 and is an international body for settling disputes related to sport through arbitration. The CAS headquarters are located in Switzerland and its courts are in New York, Sydney and Lausanne. Temporary courts are also established in current Olympic host cities.
The current CAS president is John Coates, who was appointed in 2011. A dispute can be submitted to the CAS only if an arbitration agreement between both parties specifies recourse to the CAS. Also, all Olympic games dispures can only be submitted to CAS, and all Olympic international federations have recognised the CAs jurisdiction in some disputes.
The CAS was originally conceived by IOC president Juan Antonia Samaranch, to deal with disputes during Olympics. It was created as part of the IOC in 1984. Tthrough agreement with the 2009 World Anti-Doping Code, all signatories, including Olympic international federations and national Olympic committees, have agreed to the jurisdiction o CAS for anti-doping rule violations.
Since 2016, an anti-doping division of CAS judges, who specialise in doping cases at the Olympic games, replaced the IOC disciplinary commission. Also as a Swiss arbitration organisation, decisions of the CAS can be appealed to the Federal Supreme Court of Switzerland.
This article delves into the detailed procedures followed by CAS, elucidating the mechanisms through which it provides fair, expedient, and cost-effective legal remedies.
Origins and Authority
CAS was conceived to address the growing need for a specialized legal authority in sports, recognizing the unique nature and requirements of sport-related disputes. It operates under the authority of the International Council of Arbitration for Sport (ICAS), which was created to oversee the administration and financing of CAS.
Jurisdiction and Types of Cases
CAS has jurisdiction over disputes related to sports through agreements where parties decide to submit their disputes to CAS. This generally covers matters ranging from contractual disputes, eligibility, qualification issues, doping cases, and disciplinary actions against athletes or clubs.
The CAS Procedure
The arbitration process at CAS is divided into several stages:
Filing of an Appeal:
A party seeking arbitration must file a written appeal with the CAS Court Office, outlining the facts of the case, the decision being appealed, and the names of all parties involved.
The appellant must also specify the request for relief or remedy sought, along with the legal arguments supporting their case.
Formation of the Arbitral Panel:
Depending on the case’s complexity and the rules applicable, an arbitral panel consisting of one or three arbitrators is appointed. For a sole arbitrator, the parties may agree on the arbitrator; if no agreement is reached, the president of the relevant CAS division appoints the arbitrator.
For a panel of three arbitrators, each party selects one arbitrator, and the two selected arbitrators or the CAS Division President choose the president of the panel.
Exchange of Submissions:
After the panel is formed, the parties exchange written submissions. The appellant submits a brief detailing their arguments, evidence, and any witness testimony.
The respondent then submits their counterarguments, evidence, and any rebuttal to the appellant’s claims.
Hearing:
A hearing is held where parties can present their case, examine witnesses, and make oral arguments. Hearings are typically held at the CAS headquarters, but they can also occur in other locations as agreed by the parties or determined by the CAS panel.
CAS proceedings are not public, and confidentiality is maintained throughout the process.
Award:
After the hearing, the arbitral panel deliberates and then issues a final and binding award. The panel’s decision is generally reached within a few months from the hearing.
The award includes a written explanation of the panel’s reasoning, the decision on the dispute, and orders concerning costs of the arbitration.
Enforcement:
CAS awards are recognized internationally and can be enforced in over 160 countries under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958.
Mediation
Apart from arbitration, CAS also offers mediation services, a non-binding and voluntary process where a CAS mediator assists the parties in negotiating a resolution. If mediation fails, parties can still proceed to arbitration.
Reforms and Criticisms
Over the years, CAS has faced criticism concerning transparency, impartiality, and accessibility. Reforms have been proposed to address these issues, including greater transparency in decisions and processes, ensuring diversity among arbitrators, and providing financial assistance to less wealthy athletes and sporting organizations.
Conclusion
The Court of Arbitration for Sport plays a crucial role in the sports world by providing a specialized, efficient, and neutral ground for resolving sports disputes. As the global sports industry continues to evolve, the processes and procedures of CAS will undoubtedly adapt, striving to balance fairness, accessibility, and efficiency in sports justice.