What is the Court of Arbitration for Sport? What is its importance in Vineesh Phogat’s case?

Vinesh Phogat has been in a state of shock and disbelief ever since he was disqualified from the 50kg freestyle wrestling event at the 2024 Paris Olympics for being 100 grams overweight.

She is heartbroken that despite her strict training and diet, a slight error in her weight calculation cost her the chance to compete on the world stage. However, she has appealed to the Court of Arbitration for Sport, hoping the court will reopen her case and allow her to continue competing and aim for the gold medal.

What is the Court of Arbitration for Sport?

The Court of Arbitration for Sport (CAS) was established in 1984 as an international institution for resolving sports-related disputes through arbitration. The Court is headquartered in Lausanne, Switzerland and operates independently of any sports organization.

The Court of Arbitration for Sport has jurisdiction over disputes involving athletes, coaches and sports federations. The Court is recognized as the highest authority for resolving sports disputes and upholding the principles of fairness and justice in sports.

Talking about Vinesh Phogat’s recent case, she has appealed to the Court of Arbitration for Sport (CAS) to allow her to compete for the gold medal. If approved, she is asking for a silver medal.

The CAS has nearly 300 arbitrators from 87 countries, all of whom are selected for their expertise in arbitration and sports law. The CAS hears approximately 300 cases each year.

Specify

Name

nation

ICAS/CAS President

John D. CoatesAC

Australia

Vice President of ICAS

MICHAEL B. LEONARD OLY

USA

Jasha Andre-Prosenko

slovenia

President of the Academy of General Sciences, Chinese Academy of Sciences

Carol Malinow

France

President of the Appeal Tribunal

Corinne Schmidhauser OLY

Switzerland

President of the Chinese Academy of Sciences

Matthew Ribb

Switzerland

What is the function of CAS?

The role of the Court of Arbitration for Sport is to resolve legal disputes in the field of sports through arbitration. It does this by issuing arbitration awards that have the same enforceability as ordinary court decisions.

If this procedure is allowed, it can also help the parties to resolve the dispute amicably through mediation.

Finally, the Court of Arbitration for Sport sets up ad hoc tribunals for the Olympic Games, Commonwealth Games or other similar large events. Special rules of procedure are drawn up in each case to suit the specific circumstances of such events.

What is the CAS process?

The CAS process includes a variety of methods of resolution depending on the nature of the dispute. For disputes arising from contractual relationships or tort, standard arbitration or mediation procedures are used. For cases involving decisions made by internal bodies of sports organizations, appellate arbitration procedures are used.

Who can bring a case to CAS?

The Court of Arbitration for Sport (CAS) serves a wide range of individuals and entities seeking arbitration for sports-related disputes. These include:

  • Athletes: Professional and amateur athletes involved in disputes arising from participation or contractual agreements.
  • Clubs: Sports clubs and teams facing conflict, whether it be regarding player contracts, transfers or other operational issues.
  • Sports Federations: National and international federations that need to arbitrate disputes related to governance, regulation or compliance.
  • Event Organizers: Organizers of sporting events may be required to arbitrate issues related to the management of the event, sponsorship agreements, or disputes with participants.
  • Sponsors: Companies or organizations that provide financial support to a sporting entity or event, who may have conflicts that need to be resolved.
  • Media and Broadcasters: Entities involved in sports broadcasting or media rights and seeking to resolve disputes related to those agreements.

The Court of Arbitration for Sport provides a neutral forum for parties to resolve disputes efficiently and impartially, ensuring fair outcomes in the sporting world.

How does the arbitration process at the Court of Arbitration for Sport work?

  • After the request for arbitration or the appeal is filed, the respondent shall submit a reply to the CAS.
  • After any additional exchange of statements on the case, both parties will be called to a hearing to present their arguments, present evidence, and argue their case.
  • The final decision will be communicated to the parties several weeks later, unless the decision is announced on the same day (under the appeal procedure).

in conclusion

The Court of Arbitration for Sport is the last resort for athletes and sports organizations to seek solutions to disputes that cannot be resolved by other means. The Court of Arbitration for Sport has a panel of independent arbitrators and provides a fair and impartial forum for all parties to present their cases and obtain a final decision.

CAS is renowned for its efficient handling of cases, ensuring that disputes are resolved swiftly. This allows athletes and sports organisations to have clarity and certainty about the outcome of a dispute.