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

Despite her rigorous training regime and diet, a slight miscalculation of her weight cost her the chance 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 allow her to compete for gold.

What is the Court of Arbitration for Sport?

The Court of Arbitration for Sport is an international body founded in 1984 to settle disputes relating to sport through arbitration. The body is based in Lausanne (Switzerland) and is independent of sports organizations.

The CAS has jurisdiction over disputes between athletes, coaches and sports associations. The court is considered the highest authority for resolving sports-related disputes and upholding the principles of fair play and justice in sport.

Now coming to Vineesh Phogat’s recent case, she has appealed to the Court of Arbitration for Sport (CAS) to get permission to compete for gold and if granted permission, she has asked for a shared silver medal.

The CAS is composed of nearly 300 arbitrators from 87 countries, selected for their expertise in arbitration and sports law. Each year, the CAS registers approximately 300 cases.

What is the function of the CAS?

The CAS is responsible for resolving disputes in the field of sport through arbitration. It does so by issuing arbitral awards that have the same enforceability as judgments of ordinary courts.

It can also help the parties to settle their disputes amicably through mediation, where this procedure is permitted.

Finally, the CAS establishes temporary tribunals, as it does for the Olympic Games, the Commonwealth Games or other major events of this kind. To take account of the circumstances of such events, special procedural rules are established on each occasion.

What are the CAS procedures?

The CAS procedures include different methods of resolving disputes depending on the nature of the dispute. In cases involving contractual or tort disputes, standard arbitration or mediation procedures are used. In cases involving decisions of internal bodies of sports organizations, appeal arbitration procedures are applicable.

Who can refer a case to the CAS?

The Court of Arbitration for Sport (CAS) is available to a wide range of individuals and organisations seeking arbitration in sports-related disputes, including:

• Athlete: Professional and amateur athletes involved in disputes related to their participation or contractual arrangements.
• Societies: Sports clubs and teams face conflicts, be it regarding player contracts, transfers or other operational issues.
• Sports associations: National and international associations that request arbitration in disputes relating to corporate governance, regulations or compliance.
• Organizer: Organisers of sporting events who may require arbitration for issues relating to event management, sponsorship agreements or disputes with participants.
• Sponsors: Companies or organizations that financially support sports facilities or events and where conflicts may arise that require resolution.
• Media and broadcasting companies: Companies involved in the broadcasting or media rights of sporting events who wish to resolve disputes related to these agreements.

CAS provides these parties with a neutral platform for the efficient and impartial resolution of their disputes, thereby ensuring fair outcomes in the world of sport.

How does the CAS arbitration process work?

• Once the request for arbitration or notice of appeal is filed, the respondent files a response with the CAS.
• After any further exchange of statements on the case, the parties will be summoned to a hearing to be heard, present evidence and present their case.
• The final award will be communicated to the parties a few weeks later, unless it is announced on the same day (as part of the appeal process).

Diploma

The Court of Arbitration for Sport is the last hope for athletes and sports organizations seeking a solution to disputes that cannot be resolved by other means. With a panel of independent arbitrators, the CAS provides a fair and impartial forum for the parties to present their cases and obtain a final decision.

CAS is known for its efficient case management and ensures that disputes are resolved promptly, allowing athletes and sports organizations to proceed with clarity and certainty about the outcome of their disputes.