Managing the fairness of a global sporting event like the Olympic Games, where the stakes for athletes are at a peak, poses a major challenge. That’s why the International Council for Arbitration for Sports (ICAS) created an Ad hoc division of the Court of Arbitration for Sport (CAS) specifically to resolve Olympics-related legal disputes. The Ad hoc Division first arbitrated at the 1996 Atlanta Olympics. An Anti-Doping Division has also been added to address doping disputes specifically. The CAS Divisions begin arbitrating ten days before the Opening Ceremony, following the motto “fair, fast and free.”
Given the limited duration of the Olympics, the arbitrators work on deadlines as short as 24 hours to render a decision after hearing an issue. On July 23, 2024 the Court received an application from the Israel Football Association and player Roy Revivo seeking permission to play in the Olympics despite a ban from FIFA. By the next morning, the arbitrators had heard and decided the case: Revivo would serve his two-game ban at the Olympics.
Athletes can apply to the Ad hoc Division directly, or a matter can be referred to the arbitrators on appeal. The Anti-Doping Division’s cases often stem from the International Testing Agency (ITA) after an athlete tests positive for doping. Before the 2024 Opening Ceremony, the Division received applications involving the doping requirements for weightlifters, race walkers, sprinters, and others. On Thursday, July 25, the Court dismissed an appeal from the Russian figure skating team hoping to have the CAS re-rank a Beijing 2022 figure skating event which was delayed after a 15-year-old Russian competitor tested positive. The Court concluded that the skater had been correctly disqualified, and that the Russian Team would not be re-ranked to receive the gold medal.
Given the high stakes of these decisions, and the lack of time for fact-finding, attorneys appearing before the arbitrators must have a strong understanding of the Olympic Charter and relevant regulations and be prepared to make quick and persuasive arguments tailored to the Games’ current arbitrators.
The arbitrators’ hard work, expertise, and incredibly quick turnaround balances providing athletes a fair and free opportunity to be heard with the urgent need for the Olympics to move forward as planned, often without the public ever knowing arbitration occurred. CAS arbitration matches the intensity of the sports it oversees, working effectively and quickly for the good of the Olympics and its athletes.
You can keep up with CAS decisions on their media release page.
