Vineesh Phogat Arbitration decision deferred !?!?!?

Insurers and insuring Public are well aware of Arbitration – there is a clause in most Property policies providing a dispute mechanism ie., Arbitration.  It is a  procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court. Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a contract, the parties insert an arbitration clause in the relevant contract. 

In India we have a statue – The Arbitration and Conciliation Act 1996  which is defined as an Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.

In 1894, Pierre de Coubertin launched his plan to revive the Olympic Games, and in 1896 the first Games of the modern era were held in Athens. 2024 Paris Olympics has weathered some storms and some unsavory incidents too. 

The wrestling competitions at the 2024 Summer Olympics in Paris were held at  Grand Palais Éphémère in Champ de Mars. 288 wrestlers competed  across 18 weight categories at these Games. The men’s event were freestyle and Greco-Roman events, whereas  it was only  freestyle wrestlingfor women.  Wrestling has been contested at every modern Summer Olympic Games, except Paris 1900.

 

Vinesh Phogat, who was making Indians dream of a record gold medal in Olympics if she won the final wrestling match in 50 kg category was disqualified as there was violation of the restriction regarding weight.   Vinesh Phogat’s dream run at the Paris Olympics came to a morale-shattering halt after she failed to meet the weight requirement for her women’s 50kg wrestling gold medal bout, which meant that she  also lost out on a confirmed silver medal.    

The Indian contingent went on appeal.  The hearing into Indian wrestler Vinesh Phogat’s appeal against her disqualification from the Olympic finals concluded at the ad-hoc division of the Court of Arbitration for Sport (CAS) in Paris with the IOA insisting that it is hopeful of a “positive resolution”. This was after the CAS ad-hoc division, set up especially for dispute resolution during the Games, accepted Vinesh's appeal against her ouster for being 100gm overweight on the morning of her final against eventual gold-winner Sarah Ann Hildebrandt of the U.S. 

The possibility or otherwise of a Silver medal   now rests with Sole Arbitrator Dr. Annabelle Bennett AC SC (Australia). The Indian Olympic Association said in a statement late Friday evening that it is optimistic about the outcome of wrestler Vinesh Phogat's application. The IOA further commented: "It was indicated by the Sole Arbitrator that the operative part of the order may be expected soon, with a detailed order with reasons to follow thereafter."  India has roped in  top lawyer Harish Salve, who is set to fight the wrestler's Paris Olympics disqualification case at the Court of Arbitration for Sport (CAS).  A former Solicitor General of India and King's Counsel, Salve has a stellar record of handling high-profile cases -- ranging from defending Indian national Kulbhushan Jadhav at the International Court of Justice to representing Ratan Tata in his battle against Cyrus Mistry. He also served as the defence attorney in the high-profile Aarushi-Hemraj case. 

The Court of Arbitration for Sport (CAS) was created in 1983 to deal with the legal problems that an athlete could face.   The seat of CAS and of each Arbitration Panel ("Panel") is Lausanne, Switzerland. However, should circumstances so warrant, and after consultation with all parties, the President of the Panel may decide to hold a hearing in another place and may issue the appropriate directions related to such hearing.  The Court of Arbitration for Sport (CAS) is an independent institution, created by the International Olympic Committee (IOC), that provides for services to facilitate the settlement of sport-related disputes, through arbitration or mediation, by means of procedural rules adapted to the specific needs of the sport world.  In addition to its main mediation role, CAS’s Anti-Doping Division (ADD) was created to hear and decide anti-doping cases as a first-instance authority pursuant to a delegation of powers from the IOC, International Federations (IFs) that are part of the Olympic program, and any other Code signatories. 

As a special bus for Olympics, the  Court of Arbitration for Sport (CAS), established an ad hoc division in Paris,  led by President Michael Lenard from the US, to handle cases during the Olympics. This division is located within the Paris judicial court in the 17th arrondissement.   

Initial reports stated that the CAS is   slated to announce the final verdict in the case on Saturday at 6 pm Paris Time (ie 9:30 pm IST).  However some media reports suggest that CAS decision on Vinesh Phogat's appeal against disqualification from Olympic finals has been deferred till August 13.

 

Just like a Court of Law, the CAS Arbitrator would dwell deep into the rules, regulations and merits of each case.  In an unrelated case, the CAS Adhoc division dismissed the urgent application filed by Italian Swimming Federation.   In  CAS OG 24/18 Italian Swimming Federation v. World Aquatics,  CAS heard the  protest lodged by the Italian Swimming Federation against the exclusion of the Italian athlete Francesco Condemi (the Athlete) for a violent action during the men’s quarter-final water polo match between Italy and Hungary on 7 August 2024.  On appeal,  the  Applicant requested the cancellation of the sanctions imposed on the Player and on the entire Italian team, the cancellation of the final result of the match in question and the repetition of the match from the incident, i.e. at 2’22” of the second quarter of the match. The matter was decided by Ms Kristen Thorsness OLY (USA), sitting as a Sole Arbitrator. In view of the need to issue a decision within a very short timeframe, the Sole Arbitrator issued her decision on the basis of the parties’ written submissions. The Sole Arbitrator dismissed the application.  The reasoned award, with the grounds for the Sole Arbitrator’s decision, will be issued to the parties as soon as possible, a communiqué read.

 
With regards – S Sampathkumar
10.8.2024