The Ad-hoc Division of the Court of Arbitration for Sport has dismissed the application filed by India's wrestler Vinesh Phogat which challenged the decision of United World Wrestling (UWW) to replace her, because of her failed second weigh-in, before the gold medal match of the Women's Freestyle 50 kg competition at the Paris Olympic Games 2024. Vinesh sought a ruling from the CAS awarding her a (shared) silver medal for the Women's Freestyle 50 kg competition.
About Court of Arbitration for Sports (CAS)
- Court of Arbitration for Sport (CAS) is an institution independent of any sports organisation which provides for services in order to facilitate the settlement of sports-related disputes through arbitration or mediation by means of procedural rules adapted to the specific needs of the sports world.
- Location: Head office of CAS is located in Lausanne, Switzerland and two decentralised offices are located in Sydney, Australia and New York, USA.
- Created in 1984 and is placed under the administrative and financial authority of International Council of Arbitration for Sport (ICAS).
- Paris Agreement: There was a major reform of CAS took place through the Paris Agreement signed in 1994 which led to the creation of International Council of Arbitration for Sport (ICAS) to oversee the functioning of CAS. The Paris Agreement led to the enactment of Code of Sports related Arbitration which currently governs the organisation.
- Functions of CAS:
- Arbitration: Resolving legal disputes in the field of sport through arbitration by pronouncing arbitral awards that have same enforceability as judgement of ordinary courts.
- Mediation:Help parties solve their disputes on an amicable basis through mediation, when this procedure is allowed.
- Ad-hoc divisions: CAS sets up non-permanent tribunals known as ad-hoc divisions, for major events like Olympic Games, Commonwealth Games etc. These ad-hoc divisions aim to settle disputes with 24 hour time-limit any disputes arising at the Games.
- Through the World Anti-Doping Code, all signatories including Olympic international federations and National Olympic Committees has recognised the jurisdiction of CAS for anti-doping violations.
- Jurisdictions of CAS:
- For a dispute to be submitted to arbitration by CAS, the parties must agree to this in writing. Such agreement may be on a one-off basis or appear in a contract or the statutes or regulations of a sports organization.
- Parties may agree in advance to submit any future dispute to arbitration by the CAS, or they can agree to have recourse to the CAS after a dispute has arisen.
- Any disputes directly or indirectly related linked to sport may be submitted to CAS. These may be disputes of a commercial nature (e.g. a sponsorship contract) or of a disciplinary nature following a decision by a sports organisation (e.g. a doping case).
- Any individual or legal entity with capacity to act may have recourse of the CAS. These include athletes, clubs, sports federations, organisers of sports events, sponsors or television companies.
International Council of Arbitration for Sport (ICAS):
- ICAS is the 20-member supreme organ of CAS with the main task of safeguarding the independence of CAS and the rights of parties.
- The 20 members are all high level jurists well-acquainted with the issues of arbitration and sports law.
- The ICAS President is also the president of CAS.
- Functions of ICAS include:
- Approves the changes in the Code of Sports related Arbitration.
- Appoints CAS arbitrators.
- Approves the budget of CAS.