Arbitration and dispute resolution at the Olympic Games

It is undeniable that the Olympic Games are the sporting competition with the greatest relevance, impact, and importance on a global level. The next Olympic Games, officially known as the Games of the XXXXIII Olympiad, will take place between 26 July and 11 August 2024 in Paris, France, but who, how and in what way are disputes during the Games resolved?

The Paris Olympics will undoubtedly be marked by the existence of two armed conflicts that are unlikely to end before the Olympics are held (the Russian invasion of Ukraine and the Israeli-Palestinian conflict) and which will lead to an inevitable tightening of security.

In fact, the main controversies prior to the start of the Games have been both the suspension of the Russian Olympic Committee after it unilaterally included among its members some regional sports organisations that were under the authority of the Ukrainian Olympic Committee and the readmission of Russian and Belarusian athletes (excluded at the end of February 2022), who will be able to participate in the Olympics as “neutral athletes” as long as they have not supported the invasion of Ukraine, do not have a contract with the military and will compete under a neutral flag.

In addition, as in previous events, the holding of the Olympic Games unnecessarily leads to disputes between the parties involved, which require quick and effective resolutions.

The creation of the CAS as a court for the resolution of sporting disputes

The CAS -based in Lausanne (Switzerland) and born is Los Angeles in 1984 under the presidency of the Spaniard Juan Antonio Samaranch- is the highest international arbitral tribunal of sports justice and operates as an independent institution that ultimately resolves sport-related disputes. It is composed of more than 400 arbitrators of 87 different nationalities and is one of the busiest international arbitral institutions with 900 cases per year on average.

Jurisdiction and regulation of CAS in relation to the Olympic Games

The jurisdiction of CAS to settle disputes arising out of the Olympic Games derives from Article 61.2 of the Olympic Charter which states that “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”.

The rules used for the resolution of these disputes were drawn up by the CAS itself and are called ‘Arbitration Rules for the Olympic Games’ (hereinafter ‘AROG’). Article 1 of the AROG establishes both its objective (to ensure, in the interests of sport and athletes, the resolution by arbitration of disputes covered by Rule 61 of the Olympic Charter) and its temporal jurisdiction (disputes arising during the Olympic Games or in the ten days prior to the Opening Ceremony of the Olympic Games).

Therefore, for the resolution of disputes arising from the Olympic Games, the CAS itself creates ‘ad hoc’ Chambers, made up of arbitrators of recognised prestige in sports law and specialists in Olympic Games. These chambers are made up of a President, a Co-President and a secretary.

In relation to its headquarters, and without prejudice to the fact that, as we have seen above, it is located in Lausanne, this 'ad hoc' Chamber can carry out all its functions in the same place where the Olympic Games are held.

With regard to the arbitration legislation, the arbitrators are mainly bound by the provisions contained in the Olympic Charter, the applicable regulations, the general principles and rules of law whose application it may consider relevant.

For access to arbitration, it is essential to have exhausted all domestic remedies available in the competition, unless the time required to exhaust domestic remedies becomes ineffective.

Swift and efficient resolution of disputes

As stated, swiftness and efficiency are key to the resolution of disputes arising from the Olympic Games, so that, once the request has been received, the president of the ‘ad hoc’ Chamber will constitute a panel composed, on most occasions, of three arbitrators.

This arbitration panel must convene the parties for the hearing after receiving the request, which is usually held by videoconference, and must issue a decision within 24 hours.

In addition, the award must be communicated immediately to the parties and is final and binding from the moment it is communicated, without prejudice to the remedies available under Swiss law and within 30 days.

In terms of appeals, it is worth mentioning the recent judgment of the Court of Justice of the European Union in case C-124/21 P, International Skating Union (ISU) v Commission, which questions the final review by the Swiss Federal Court of awards issued by the CAS when the disputes concern fundamental provisions of the European Union’s legal order.

In this case - which deals with a possible infringement of competition law (Arts. 101 and 102 TFEU) - the CJEU states that the review that the Swiss Federal Tribunal - which is not a court of a Member State - may exercise over CAS awards excludes questions of compliance or non-compliance with EU public policy provisions, such as Arts. 101 and 102 TFEU.

It remains to be seen whether this novel ruling could have any impact on disputes affecting fundamental provisions of EU law that may arise at the Olympic Games.

Conclusion

In conclusion, the Court of Arbitration for Sport (CAS) stands as a cornerstone in ensuring the smooth organisation and fair competition within the Olympic Games. Its swift and efficient resolution of disputes not only upholds the integrity of the games but also fosters a sense of trust and confidence among athletes, federations, and the global sporting community. By providing a specialized forum for the resolution of sports-related disputes, the CAS plays a pivotal role in maintaining the Olympic spirit of excellence, fair play, and solidarity. As we look towards the future of the Olympics, the continued presence and effectiveness of the CAS will undoubtedly remain essential in upholding the principles of justice and fairness in sports.