How to solve athlete dispute during winter Olympics?The Court of Arbitration for Sport does this

2022-07-29 0 By

Beijing Business Daily news (Reporter Yang Yuehan Lu Yinling) The Beijing Winter Olympic Games has opened several days, during the Winter Olympic Games, if there is disciplinary or other disputes involving athletes, how to solve?The Court of Arbitration for Sport (CAS) has confirmed on January 18 that it will open two temporary arbitral tribunals during the 2022 Beijing Winter Olympic Games to provide fast and efficient dispute resolution services for the Games, according to the Chaoyang Court.So how does the COURT of Arbitration for Sport work, and what are the applicable laws and procedures?What is the Court of Arbitration for Sport?The Court of Arbitration for Sport (CAS) is an independent body of all sports organizations. It provides its services through arbitration or mediation and facilitates the resolution of disputes related to sport by developing specific procedural rules adapted to the field of sport.CAS was founded in 1984 and is headquartered in Lausanne, Switzerland.Administratively and financially it is affiliated to the International Council of Arbitration for Sport (ICAS).What does the Court of Arbitration for Sport govern?Article 61 of the Olympic Charter states that CAS shall have exclusive jurisdiction over any disputes arising 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, and Chinese courts have no jurisdiction.These controversies fall into three main categories: qualification of athletes, doping, and unfair results.Two AD hoc arbitral tribunals will be established during the Beijing 2022 Winter Olympic Games. One is the CAS AD hoc Arbitral Tribunal, which will resolve through arbitration any disputes under Article 61 of the Olympic Charter arising during the Olympic Games or within 10 days before the Opening ceremony of the Olympic Games.The other is the CAS Anti-Doping Tribunal, which, according to the INTERNATIONAL Olympic Committee anti-doping Rules, will hear any alleged anti-doping rule violations that take place during the Olympic Games or ten days before the Opening ceremony, as submitted by the International Testing Authority (ITA).Iii. How to submit an arbitration application?1. The application shall be submitted in writing.2. The application shall include the following: · A copy of the challenged decision, if any;· A brief description of the facts and legal arguments on which the application is based;· The applicant’s claim for relief;· Apply for suspension of the challenged decision or for any other preliminary relief of extreme urgency, if any;· Opinions on the basis of the jurisdiction of the CAS AD hoc arbitration Tribunal;· Contact information and mailing address of the applicant and/or his/her agent.3. The application shall be written in English, French or Spanish.The parties may obtain a standard application form at the CAS Provisional Tribunal Office.1. The application shall be submitted in writing.2. The application should include the following contents: · Contact information and mailing address of the athlete or other relevant personnel or their agent;· Contact information and address of relevant International Federation and/or National Olympic Committees;· A brief description of the material facts and legal arguments on which the application is based, including any relevant material available;· A description of the circumstances of the application for relief and the application for interim measures (if any);· Opinions on the basis of the jurisdiction of the CAS Anti-Doping Tribunal;· If the application is made during the Olympic Games, the contact information and correspondence address of the INTERNATIONAL Testing Authority (ITA) or other competent authority established for testing purposes by the Anti-Doping Code or its agent shall be provided.3. The application shall be written in English or French.Iv. How does the provisional arbitration Court adjudicate and award the case?As a general rule, the tribunal shall convene the parties for a hearing immediately upon receipt of the application and attach a copy of the application to the subpoena issued to the respondent.In principle, hearings should be conducted by video conference or teleconference during the 2022 Beijing Winter Olympic Games in the context of the global COVID-19 pandemic.If the tribunal considers that the evidence submitted by the applicant is sufficient to prove the facts, it may also decide not to hold a hearing and make an immediate decision.The first F is Fair, the second F is Fast, the third F is Flexible and the fourth F is Free.After the arbitration application is submitted, the respondent must complete the defense within 2 to 3 hours and issue the award within 24 hours.5. Does the provisional arbitration Court need to collect fees?Usually sports arbitration for the parties, have to bear some costs, but the Olympic Arbitration is free of charge.In addition to the arbitration itself being free of charge, it is worth noting that Olympic arbitrators are also unpaid.