CAS Ad hoc Division in Spotlight as Vinesh Appeals Disqualification

By Mohd. Sahil Khan 11 Minutes Read

Introduction

In a shocking turn of events, Vinesh Phogat was disqualified from the finals of the women’s wrestling in the 50 kg weight division at the Paris Olympics 2024. The decision led to the heartbreak of more than 1.4 billion people. On the day of her final bout, she was found to be overweight by 100 grams, which subsequently led to her disqualification.

The Indian wrestler has finally filed an appeal before the Court of Arbitration for Sport (hereinafter referred to as CAS) to award her a joint silver medal. CAS is the final authority to adjudicate upon Vinesh Phogat’s disqualification. The award passed by the CAS is final and binds the parties involved.

What is CAS?

• Imagine a top-tier athlete getting disqualified owing to certain doping violations. Does the athlete have any options or avenues to contest or challenge such disqualification?
• The World Anti-Doping Agency (WADA) is the global governing body for doping issues. Unfortunately, if they have disqualified an athlete, he will have to retreat from the competition. 
• The aggrieved party, or rather the disqualified athlete, can approach CAS to challenge the decision of such a governing body. CAS plays a pivotal role in such a situation. It is essentially the highest court for sports-related disputes. The CAS is like a neutral referee for the global sporting arena, independent of any sports organization.
• CAS was established in 1984 to handle conflicts associated with athletes, National Federations, International Federations, and other such issues.
• CAS adopts the method of either arbitration or mediation for speedy resolution of disputes.
• CAS is often required to conduct speedy proceedings and promptly provide an adequate award. This is the case because certain disputes arise between the competitions and must be quickly resolved to allow the athlete to participate further in the competition if the situation permits.
• Hence, it has its own set of rules specifically designed for the fast-paced, high-stakes world of sports. The International Council of Arbitration for Sport (hereinafter referred to as ICAS) oversees the CAS, ensuring its financial stability and administrative efficiency.

What is the CAS Ad hoc for the Olympics?

• The CAS Ad hoc division for the Olympics is a temporary specialized tribunal consisting of arbitrators specializing in sports law.
• Ad hoc divisions have been created since the 1996 Olympics to resolve the disputes presented before the body in a timely manner.
• As per Article 1 of the Arbitration Rules applicable to the CAS Ad hoc division, the tribunal is constituted to resolve disputes arising in the Olympics or ten days before the opening ceremony of the Olympic games.
• Following her disqualification from the Paris Olympics 2024, wrestler Vinesh Phogat has filed an appeal before the CAS Ad hoc Division for a shared silver medal.
• It is necessary for the appellant to have exhausted all the internal remedies before approaching the Ad hoc division.
• The CAS Ad hoc Division follows specific rules created for each significant international sporting event, considering the particular challenges and demands of these competitions.
• Pursuant to Article 7 of the rules applicable to the CAS Ad hoc division, its panels are officially based in Lausanne, Switzerland; they have the flexibility to operate anywhere necessary to fulfill their duties.
• This flexibility is essential for major sporting events like the Olympics, where disputes often arise on-site. It allows the CAS to conduct hearings and make decisions quickly without transporting everyone involved back to Switzerland.
• In the current Paris Olympics 2024, the Ad hoc division bench is constituted within the Paris judicial court, and President Michael Lenard is leading the division.

Functions of the Ad hoc division

1. Dispute Resolution: The primary function is to provide a swift and impartial resolution of disputes related to the event. This includes athlete eligibility, doping violations, qualification/disqualification issues, and other competition-related conflicts.

2. Timely Decisions: Given the high-pressure environment of major sporting events, the Ad hoc Division is designed to deliver decisions rapidly, often within tight deadlines.

3. Independent Adjudication: It operates independently of any sports organization, ensuring impartiality in decision-making. The CAS Ad hoc Division can hear cases related to the Olympic Games but does not handle disputes that occur during the actual competition.

4. On-Site Operations: The ability to conduct proceedings at the event site allows for efficient dispute resolution without delays caused by geographical distance.

The legal framework governing the Ad hoc division (Arbitration Rules applicable to the CAS ad hoc division for the Olympic Games)

• ICAS determines the arbitrators of the Ad hoc division following Article 3 of the CAS Arbitration Rules applicable to the Olympic Games. The arbitrators are essentially selected owing to their availability at the location of the Olympics. However, none of these arbitrators shall act on behalf of the CAS Anti-doping division.
• The Ad hoc division is conferred exclusive jurisdiction to hear any matter pertaining to the Olympics under Article 1, along with Rule 61 of the Olympic Charter.
• ICAS appoints the Ad hoc division president and co-president as stated under Article 4.
• The proceedings are conducted either in English, French, or Spanish as determined by the President of the Ad hoc Division.
• As the CAS is based in Switzerland, Swiss law, particularly in the area of international arbitration, influences the division’s operation.
• Under Article 22, the CAS Ad hoc Division does not charge for its services or for appointing arbitrators to cases.

Award passed by the division

A CAS Ad hoc Division award is the final decision rendered by a panel of arbitrators specifically constituted for a major sporting event, typically the Olympic Games, binding upon the parties. It is the culmination of a swift and specialized dispute resolution process.

• A dispute is formally submitted to the CAS Ad hoc Division by one or more parties involved in the sporting event.
• A panel of three arbitrators is constituted to hear the case pursuant to Article 11. If deemed appropriate under the circumstances, the President of the ad hoc division may, at their discretion, appoint a single arbitrator. These arbitrators are typically experienced in sports law and are available on-site at the event.
• Expedited hearings are held, with the panel considering the evidence and arguments presented by the parties.
• The panel deliberates and reaches a decision, which is then formalized into a written award.
• The award is communicated to the parties involved.
• The decision becomes effective immediately and is final. However, the parties have 30 days from receiving the decision to challenge it under specific conditions outlined by Swiss law.

Emergency Measures and Provisional Relief

In urgent situations, the CAS Ad hoc Division can issue temporary orders to halt the implementation of a disputed decision or grant other interim relief without requiring the opposing party to be present. When deciding on these emergency requests, the panel considers:

• There is potential harm to the applicant if immediate action is not taken.
• The likelihood of the applicant winning the case.
• The balance of interests between the applicant and the other parties involved.

However, it’s important to note that such emergency orders are rarely granted.

Conclusion

The CAS Ad hoc Division stands as a beacon of hope for athletes facing unfair decisions in the high-stakes world of sports. Vinesh Phogat’s appeal to this independent tribunal underscores its importance in ensuring fair play and upholding the spirit of competition. While the path to justice may be challenging, the CAS Ad hoc Division offers a platform where athletes can seek redress and have their voices heard. As the complexities of international sports continue to evolve, the role of the CAS Ad hoc Division in safeguarding athletes’ rights and preserving the integrity of competitions will remain paramount.

Mohd. Sahil Khan