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

Ever since Vineesh Phogat was disqualified from competing for the 50 kg freestyle wrestling title at the 2024 Paris Olympics due to her being overweight by 100 grams, she has been in a state of shock and disbelief. 

Despite her strict training regimen and diet, the slight miscalculation in weight has cost her the opportunity to compete on the world stage, leaving her devastated. However, she has appealed to the Court of Arbitration for Sport to review her case and let her play for gold.

What is the Court of Arbitration for Sport?

The Court of Arbitration for Sport is an international body established in 1984 to settle disputes related to sport through arbitration. It is based in Lausanne, Switzerland, and operates independently of any sports organisation. 

The CAS has jurisdiction over disputes involving athletes, coaches, and sports federations. The Court is recognised as the highest authority for resolving sports-related disputes and upholding the principles of fair play and justice in sports. 

Coming on to Vineesh Phogat's recent case, she has appealed to the Court of Arbitration for Sports (CAS) for permission to fight for gold. If it is granted, she has requested to be awarded a joint silver medal.

The CAS has nearly 300 arbitrators from 87 countries, chosen for their specialist knowledge of arbitration and sports law. Every year, the CAS registers around 300 cases. 

What is the function of the CAS?

The CAS has the task of resolving legal disputes in the field of sports through arbitration. It does this by pronouncing arbitral awards that have the same enforceability as judgements of ordinary courts.

It can also help parties resolve their disputes amicably through mediation if this procedure is permitted. 

Lastly, the CAS sets up non-permanent tribunals, which it does for the Olympic Games, the Commonwealth Games, or other similar major events. To account for the circumstances surrounding such events, special procedural rules are established on each occasion.

What are the CAS procedures?

The CAS procedures include various methods for resolving disputes based on their nature. For disputes arising from contractual relationships or torts, the standard arbitration or mediation procedure is used. In cases involving decisions made by internal bodies of sports organisations, the appeals arbitration procedure is applicable.

Who can refer a case to the CAS?

The Court of Arbitration for Sport (CAS) is accessible to a wide range of individuals and entities seeking arbitration in sports-related disputes. This includes:

• Athletes: Professional and amateur athletes involved in disputes related to their participation or contractual agreements.
• Clubs: Sports clubs and teams facing conflicts, whether concerning player contracts, transfers, or other operational issues.
• Sports Federations: National and international federations that require arbitration for disputes related to governance, regulations, or compliance.
• Event Organizers: Organizers of sports events who may need arbitration for issues related to event management, sponsorship agreements, or disputes with participants.
• Sponsors: Companies or organizations providing financial support to sports entities or events, who may encounter conflicts that require resolution.
• Media and Broadcasting Companies: Entities involved in the broadcasting or media rights of sports events seeking to resolve disputes related to these agreements.

CAS provides a neutral platform for these parties to resolve their disputes efficiently and impartially, ensuring fair outcomes in the world of sports.

How does the CAS arbitration procedure work?

• Once the arbitration request or statement of appeal is filed, the respondent submits a reply to the CAS. 
• After any additional exchange of statements about the case, the parties are summoned to a hearing to be heard, produce evidence, and argue their case. 
• The final award is communicated to the parties some weeks later unless it is pronounced the same day (under the appeals procedure).

Conclusion

The Court of Arbitration for Sport is the last hope for athletes and sports organisations seeking resolution for disputes that cannot be settled through other means. With a panel of independent arbitrators, the CAS provides a fair and impartial forum for parties to present their cases and receive a final decision.

Known for its efficiency in handling cases, CAS ensures that disputes are resolved promptly. This allows athletes and sports organisations to move forward with clarity and certainty regarding the outcome of their disputes.