for the Olympic Games - World Taekwondoworldtaekwondo.org/wp-content/uploads/2015/...CAS-Ad-Hoc-Division-Rio.pdf · What? Fast-Track Arbitration at the Olympic Games: to issue award

Referee and Coach Joint Training Camp for Rio Olympic Games Muju, May 2016

CAS Ad-Hoc Division for the Olympic Games

Legal Affairs



Legal Affairs

Already know about CAS?

Court of Arbitration for Sport



Legal Affairs

Already know about CAS? Ad-Hoc Division?

Court of Arbitration for Sport

CAS Ad-Hoc Division for the Rio Olympic Games

This is a general overview

intended to make you aware of the issues

It does not constitute legal advice

Consult with your attorney!

What?


What?

Fast-Track Arbitration at the Olympic Games:

to issue award within 24 hours (Rules Art. 18)


What?



Objective: “Fast, Fair, Free*” dispute resolution (own legal costs) (Rules Art. 22)


What?




Governed by CAS Arbitration Rules for the Olympic Games (“Rules”)

(in effect as of October 2012)


What?




Governed by CAS Arbitration Rules for the Olympic Games (“Rules”)

(in effect as of October 2012)


Court of Arbitration for Sport Arbitration Rules for the Olympic Games

http://www.tas-cas.org/


When?


When?

For appeal against a decision of the IOC, the OGOC, or an NOC or IF:

during the Olympic Games or

in the 10 days preceding the Opening Ceremony.

(OGA Rules Art. 1)


Why?


Why?

“Any disputes arising on occasion of, or in connection with, the Olympic

Games shall be submitted exclusively to the Court of Arbitration for Sport”

(Art. 61 of the Olympic Charter)


Why?

“Any disputes arising on occasion of, or in connection with, the Olympic

Games shall be submitted exclusively to the Court of Arbitration for Sport”

(Art. 61 of the Olympic Charter)

During London 2012 11 Cases > Six for nomination (selection) > Three for Doping > Two for Field of Play (Source: Bird & Bird)


1) Initiation

Apply

Art. 10

2) Formation

Nominate arbitrator (recuse)

Arts 11, 12, 13

3) Preparation

Instructions on procedure

Art 15(b)

4) Hearing

Evidence; legal theories;

discussion

Arts 15(c,d,e)

Art 17

5) Conclusion

Deliberation; writing; scrutiny

Art 19, 20, 21

How? (five stages)


1) Initiation

Apply

Art. 10

2) Formation


Arts 11, 12, 13

3) Preparation


Art 15(b)

4) Hearing


discussion

Arts 15(c,d,e)

Art 17

5) Conclusion


Art 19, 20, 21

How? (five stages)


1) Initiation

Apply

Art. 10

2) Formation


Arts 11, 12, 13

3) Preparation


Art 15(b)

4) Hearing


discussion

Arts 15(c,d)

Art 17

5) Conclusion


Art 19

How? (five stages)

Application (Art 10) Typically: 1.Copy of decision appealed 2.Brief statement of facts 3.Request for relief 4.Application for stay of effects or preliminary relief 5.CAS jurisdiction 6.Contact information 7.English or French 8.Standard application available at Court Office


1) Initiation

Apply

Art. 10

2) Formation


Arts 11, 12, 13

3) Preparation


Art 15(b)

4) Hearing


discussion

Arts 15(c,d,e)

Art 17

5) Conclusion


Art 19, 20, 21

How? (five stages)


1) Initiation

Apply

Art. 10

2) Formation


Arts 11, 12, 13

3) Preparation


Art 15(b)

4) Hearing


discussion

Arts 15(c,d)

Art 17

5) Conclusion


Art 19

How? (five stages)

Formation (Arts 11, 12, 13) 1.Constituted by President of ad hoc Division 2.One or three arbitrators (Choice of President) 3.Arbitrator(s) must be “independent” of the parties 4.Party can challenge arbitrator independence: must do so as soon as reason for challenge becomes known 5.President decides


1) Initiation

Apply

Art. 10

2) Formation


Arts 11, 12, 13

3) Preparation


Art 15(b)

4) Hearing


discussion

Arts 15(c,d)

Art 17

5) Conclusion


Art 19

How? (five stages)

Formation (Arts 11, 12, 13) Typically: 1.Constituted by President of ad hoc Division 2.One or three arbitrators (Choice of President) 3.Arbitrator(s) must be “independent” of the parties 4.Party can challenge arbitrator independence: must do so as soon as reason for challenge becomes known 5.President decides


1) Initiation

Apply

Art. 10

2) Formation


Arts 11, 12, 13

3) Preparation


Art 15(b)

4) Hearing


discussion

Arts 15(c,d,e)

Art 17

5) Conclusion


Art 19, 20, 21

How? (five stages)


1) Initiation

Apply

Art. 10

2) Formation


Arts 11, 12, 13

3) Preparation


Art 15(b)

4) Hearing


discussion

Arts 15(c,d)

Art 17

5) Conclusion


Art 19

How? (five stages)

Preparation (Art15(b))

Panel organizes the procedure it considers appropriate, taking into account the specific needs and circumstance of the case


1) Initiation

Apply

Art. 10

2) Formation


Arts 11, 12, 13

3) Preparation


Art 15(b)

4) Hearing


discussion

Arts 15(c,d,e)

Art 17

5) Conclusion


Art 19, 20, 21

How? (five stages)


1) Initiation

Apply

Art. 10

2) Formation


Arts 11, 12, 13

3) Preparation


Art 15(b)

4) Hearing


discussion

Arts 15(c,d,e)

Art 17

5) Conclusion


Art 19, 20, 21

How? (five stages)

Preparation (Art15(c,d,e;) Art. 17) 1.Unless it thinks another form of procedure is more appropriate, the Panel will summon the parties to a hearing. 2.Panel shall hear the parties. 3.Parties shall introduce all the evidence they intend to adduce and produce witnesses. 4.If panel considers itself sufficient well informed, it may decide not to hold a hearing. 5.In one or all parties fail to appear, the Panel may nevertheless proceed.


1) Initiation

Apply

Art. 10

2) Formation


Arts 11, 12, 13

3) Preparation


Art 15(b)

4) Hearing


discussion

Arts 15(c,d,e)

Art 17

5) Conclusion


Art 19, 20, 21

How? (five stages)


1) Initiation

Apply

Art. 10

2) Formation


Arts 11, 12, 13

3) Preparation


Art 15(b)

4) Hearing


discussion

Arts 15(c,d,e)

Art 17

5) Conclusion


Art 19, 20, 21

How? (five stages)

Conclusion (Art 19, 20, 21) 1.Decision made by the Panel and “in principle” brief reasons will be stated. 2.Communicated to the parties immediately. (Panel may communicate the reasons later.) 3.Panel can make the award final, or refer the dispute (or some part of it) to arbitration by the CAS in accordance with the CAS code. 4.Decision is enforced immediately and may not be appealed against or otherwise challenged.


1) Initiation

Apply

Art. 10

2) Formation


Arts 11, 12, 13

3) Preparation


Art 15(b)

4) Hearing


discussion

Arts 15(c,d,e)

Art 17

5) Conclusion


Art 19, 20, 21

How? (five stages)

Conclusion (Art 19, 20, 21) 1.Decision made by the Panel and “in principle” brief reasons will be stated. 2.Communicated to the parties immediately. (Panel may communicate the reasons later.) 3.Panel can make the award final, or refer the dispute (or some part of it) to arbitration by the CAS in accordance with the CAS code. 4.Decision is enforced immediately and may not be appealed against or otherwise challenged.

end

Documents

for the Olympic Games - World Taekwondoworldtaekwondo.org/wp-content/uploads/2015/...CAS-Ad-Hoc-Division-Rio.pdf · What? Fast-Track Arbitration at the Olympic Games: to issue award