Source: Court of Arbitration for Sport's (CAS)   

Why in News? 

Vinesh Phogat’s (Indian wrestler) disqualification from the Paris Olympics 2024 due to a failed second weigh-in has been scrutinized by the Court of Arbitration for Sport (CAS). The sole arbitrator ruled that Phogat did not commit any wrongdoing that led to her disqualification, despite measuring 100 grams over the permissible weight.  

• The decision, published on 14th August2024, clarified that Phogat’s actions did not involve deliberate misconduct, although she was disqualified for failing to meet weight requirements before her final match.  

What was the Background of Vinesh Phogat v. United World Wrestling and Anr.? 

• Vinesh Phogat was competing in the women's 50kg wrestling category at the 2024 Paris Olympics. 
• Under United World Wrestling (UWW) rules, wrestlers must weigh-in and make weight on both days of competition. 
• Phogat successfully made weight and competed on the first day, winning her matches to reach the gold medal final. 
• On the second day, before the final match, Phogat failed to make weight at the official weigh-in, coming in 100 grams over the 50kg limit. 
• As per UWW rules, failing to make weight on either day results in disqualification from the entire competition and loss of ranking/results. 
• Phogat was thus disqualified and rendered ineligible for any medal, despite having reached the final through fair competition on day one. 
• Phogat filed an appeal with the Court of Arbitration for Sport (CAS), challenging her disqualification and seeking to be awarded a silver medal. 
• The key issues were the interpretation of UWW rules on weigh-ins and disqualification, and whether the consequences could be mitigated given the circumstances. 

What were the Court’s Observations? 

• The Sole Arbitrator found that the Applicant (Phogat) indisputably failed the second weigh-in, exceeding the 50 kg limit, which under the UWW Rules results in disqualification from the entire competition. 
• While acknowledging the consequences as "draconian," the Arbitrator concluded that the UWW Rules provide no discretion or tolerance regarding weight limits or mitigation of disqualification effects. 
• The Arbitrator observed that the Rules treat both days of competition as a single event, thus precluding the possibility of maintaining results from the first day despite second-day ineligibility. 
• The Arbitrator noted that the disqualification constitutes an eligibility issue rather than a sanction, distinguishing it from situations where proportionality considerations might apply. 
• Despite recognizing merit in arguments for limiting disqualification effects to the final round only, the Arbitrator held that such an interpretation was not permissible under the current UWW Rules. 
• The Arbitrator emphasized that while the Applicant's circumstances were sympathetic, and no wrongdoing was implied, the clear language of the Rules left no basis for granting the requested relief or awarding an additional silver medal. 

What is CAS ? 

• The Court of Arbitration for Sport (CAS) is an independent entity established to resolve sports-related disputes through arbitration or mediation.  
• It operates under procedural rules tailored to the needs of the sports community. 
• CAS is headquartered in Lausanne, Switzerland, with additional offices in Sydney, Australia, and New York, USA.  
• Founded in 1984, CAS is overseen by the International Council of Arbitration for Sport (ICAS), created by the Paris Agreement of 1994.  
  • This agreement led to the establishment of the Code of Sports-related Arbitration, which governs CAS’s operations. 
• CAS's decisions are final and binding, and they have the same enforceability as court judgments.  
  • These decisions are recognized and enforced under the New York Convention, which has been ratified by over 125 countries. 

What are the Functions of CAS? 

• The Court of Arbitration for Sport (CAS) serves as the primary forum for arbitration in sports-related legal disputes. Its arbitral awards carry the same enforceability as judgments rendered by ordinary courts of law. 
• In cases where permissible, CAS facilitates mediation to assist parties in reaching amicable resolutions to their disputes. 
• CAS establishes temporary tribunals, known as ad hoc divisions, for major sporting events such as the Olympic Games and Commonwealth Games. These divisions are tasked with expeditiously resolving disputes arising during the events, typically within a 24-hour timeframe. 
• Pursuant to the World Anti-Doping Code, all signatories, including Olympic international federations and National Olympic Committees, have acknowledged CAS's jurisdiction over anti-doping violations. 
• As stipulated by the CAS, a party seeking to initiate proceedings must submit either a request for arbitration (under the ordinary procedure) or a statement of appeal (under the appeals procedure) to the CAS Court Office. The content requirements for these submissions are delineated in the Code of Sports-related Arbitration. 
• In matters subject to the appeals procedure, a party may only file an appeal after exhausting all internal remedies available within the relevant sports organization. 

What are the Jurisdictions of CAS?

• Arbitration by the Court of Arbitration for Sport (CAS) requires written consent from all parties involved, which can be provided through a one-time agreement, a contractual clause, or stipulated in the governing documents of a sports organization. 
• Parties may agree to CAS arbitration either proactively for future disputes or reactively after a dispute has already arisen. 
• The jurisdiction of CAS extends to any dispute directly or indirectly related to sport, encompassing both commercial matters (such as sponsorship agreements) and disciplinary issues (including doping violations). 
• Standing to bring a case before CAS is granted to any natural person or legal entity with the capacity to act, including athletes, clubs, sports federations, event organizers, sponsors, and media rights holders. 

International Council of Arbitration for Sport (ICAS) 

• The International Council of Arbitration for Sport (ICAS) is the 20-member governing body of the Court of Arbitration for Sport (CAS), tasked with ensuring CAS's independence and protecting the rights of the parties involved. 
• The members, all distinguished jurists with expertise in arbitration and sports law, also elect the President of ICAS, who concurrently serves as the President of CAS.  
• ICAS is responsible for approving amendments to the Code of Sports-
  • related Arbitration
  • appointing CAS arbitrators
  • approving the CAS budget.