Using the Courts to Fight a CAS Decision
Athletes that have had an unfair Court of Arbitration for Sport (CAS) decision against them have struggled to clear their name due to the arbitration clauses embedded in the Olympic Charter:
"61 Dispute resolutionSimilar clauses have been introduced by the individual IOC Sporting Federations. For example the World Sailing - Racing Rules of Sailing:
1. The decisions of the IOC are final. Any dispute relating to their application or interpretation may be resolved solely by the IOC Executive Board and, in certain cases, by arbitration before the Court of Arbitration for Sport (CAS).
2. Any dispute arising on the occasion of, or in connection with, the Olympic Games shall be submitted exclusively to the Court of Arbitration for Sport, in accordance with the Code of Sports-Related Arbitration."
"4.3 Acceptance of the rules includes agreement
(a) to be governed by the rules;
(b) to accept the penalties imposed and other action taken under the rules, subject to the appeal and review procedures provided in
them, as the final determination of any matter arising under the rules;
(c) with respect to any such determination, not to resort to any court of law or tribunal not provided for in the rules; ..."
Arbitration clauses are used mostly in International commercial
contracts between businesses where a conflict of laws may arise
between the jurisdictions of different countries. An arbitration
clause can allow businesses to agree upon the jurisdiction and laws
that apply in the event of a dispute.
Unlike a business to business transaction where terms and conditions
are negotiated beforehand, athletes do not have any say in the terms
and conditions. They either accept what is put before them or they
are not allowed to compete. This clearly puts the Olympic
organisations in an unacceptable position of power over athletes.
This position of power is regularly abused and athletes find
themselves powerless to defend themselves.