How to resolve athlete disputes during the Winter Olympics? The International Court of Arbitration for Sport does so

The Beijing Winter Olympics have been open for several days, and during the Winter Olympics, if there is a disciplinary or other dispute involving athletes, how should it be resolved? On February 10, the reporter learned from the Chaoyang Court that the Court of Arbitration for Sport (CAS) has decided on January 18 that it will open two ad hoc arbitral tribunals during the 2022 Beijing Winter Olympics to provide fast and efficient dispute resolution services for the Winter Olympics. So, how does the International Court of Arbitration for Sport work, and what are the applicable laws and procedures?

1. What is the International Court of Arbitration for Sport?

The International Court of Arbitration for Sport (CAS) is an institution independent of all sports organizations, which provides services through arbitration or mediation and facilitates the resolution of disputes related to sports by establishing specific procedural rules adapted to the needs of the field of sport. CAS was founded in 1984 and is headquartered in Lausanne, Switzerland. Administratively and financially affiliated with the International Council of Arbitration for Sport (ICAS).

2. What does the Court of Arbitration for Sport administer?

Article 61 of the Olympic Charter provides that CAS has exclusive jurisdiction over any dispute during or in connection with the Olympic Games.

Therefore, sports-related disputes arising during the Olympic Games are under the jurisdiction of the Court of Arbitration for Sport internationally, and the Chinese courts have no jurisdiction. There are three main categories of controversy: one is the qualification of athletes, the second is doping, and the third is that the results of the competition are unfair.

Two ad hoc arbitral tribunals will be opened during the 2022 Beijing Winter Olympics, one is the CAS Ad Hoc Arbitral Tribunal, which will resolve through arbitration any dispute arising during or within ten days of the Opening Ceremony of the Olympic Games as referred to in Article 61 of the Olympic Charter, and the other is the CAS Anti-Doping Arbitral Tribunal, in accordance with the Anti-Doping Rules of the International Olympic Committee, The department will accept any disputes submitted by the International Testing Agency (ITA) for alleged violations of anti-doping rules that occur during the Olympic Games or within ten days of the opening ceremony of the Games.

3. How to submit an application for arbitration?

(1) Submit an application to the CAS Ad Hoc Arbitral Tribunal

1. The application shall be submitted in writing.

2. The application shall include the following:

A copy of the decision being challenged (if any);

A brief description of the facts and legal arguments on which the application is based;

The applicant's request for relief;

apply for suspension of the validity of the challenged decision, or any other extremely urgent preliminary relief (if any);

Opinion on the basis of the jurisdiction of the CAS ad hoc arbitral tribunal;

Contact details and correspondence address of the applicant and/or his/her agent.

3. The application shall be written in English, French or Spanish. A standard application form is available to parties at the CAS Ad Hoc Arbitral Tribunal's Office.

(b) submit an application to the CAS Anti-Doping Arbitral Tribunal

Contact details and correspondence addresses of athletes or other related persons or their agents;

Contact details and correspondence address of the relevant League of Nations and/or National Olympic Committees;

A brief description of the important facts and legal arguments on which the application is based, including any relevant materials available;

Explanation of the specific circumstances of the application for relief and the application for interim measures (if any);

Opinion on the basis of the jurisdiction of the CAS Anti-Doping Arbitral Tribunal;

If the application is made during the Olympic Games, the contact details and correspondence addresses of the International Testing Agency (ITA) or other authorized bodies established by the Anti-Doping Rules for the purpose of testing or their agents should be provided.

3. The application shall be written in English or French.

4. How does the ad hoc arbitral tribunal hear and award?

Generally, the arbitral tribunal shall convene the parties for a hearing as soon as it receives the application and attach a copy of the application to the summons issued to the respondent. In the context of the global COVID-19 pandemic, hearings should, in principle, be conducted by videoconference or teleconference during the 2022 Beijing Winter Olympics. If the arbitral tribunal considers that the evidence submitted by the claimant is sufficient to prove the factual circumstances, it may also decide not to hold a hearing and render an award immediately.

Olympic sports arbitration speaks of 4 F's, which is also the difference with ordinary sports arbitration, the first F is Fair (fair), the second F is Fast (fast), the third F is Flexible (flexible), and the fourth F is Free (free). After the application for arbitration is filed, the respondent must complete the defense within 2 to 3 hours and issue the award within 24 hours.

5. Does the ad hoc arbitral tribunal need to charge fees?

Usually, sports arbitration has to bear some costs for the parties, while arbitration during the Olympic Games is not charged. In addition to the fact that the arbitration itself does not charge a fee, it is worth noting that the Olympic arbitrators are also unpaid. (Lv Yinling)