Getting to the games: the Olympic selection drama(s) at the court of arbitration for sport
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ARTICLE
Getting to the games: the Olympic selection drama(s) at the court of arbitration for sport Antoine Duval1
The Author(s) 2016. This article is published with open access at Springerlink.com
Abstract For many athletes around the world there is just one sporting competition that truly matters: the Olympic Games. Unfortunately, the available spots are scarce. In many sports it does not suffice to be second, you need to be the best amongst your countrymen. It is obvious that the decision to let someone go or not to the Games is a fruitful source of disputes. In the present article, I focus on the role of the Court of Arbitration for Sport (CAS) in resolving selection disputes. The ambition is to provide a practical guide for the disputes ahead and to showcase the CAS as a useful avenue to resolve them. While there is some literature on the case law of national courts, the work of the CAS on selection disputes remains largely unchartered. I will first introduce the selection system in vigour at the Olympic Games, highlighting the various responsibilities of the relevant Sports Governing Bodies (SGBs). Thereafter, I will show under which conditions the CAS is susceptible to be seized with this type of disputes. Finally, I aim to provide a comprehensive overview of the jurisprudence of the CAS in selection disputes.
I wish to thank Piotr Drabik for his outstanding research assistance and Zlatka Koleva for her rigorous editorial work. I would also like to thank the anonymous reviewer for his thoughtful and helpful comments. All remaining mistakes are mine. ‘The important thing in the Olympic Games is not to win, but to take part’Pierre de Coubertin. & Antoine Duval [email protected] 1
International and European Sports Law, T.M.C. Asser Institute, R.J. Schimmelpennincklaan 20-22, 2517 JN The Hague, The Netherlands
Keywords Olympic Games Court of arbitration for sport Lex Sportiva Sports Law Estoppel Good Governance
1 Introduction For many athletes around the world there is just one sporting competition that truly matters: the Olympic Games. As pointed out by a CAS ad hoc Panel, taking part in the Olympic Games ‘‘is the peak of every athlete’s career’’.1 In other words, ‘‘the Olympic Games are, for many athletes, the pinnacle of success and the ultimate goal of athletic competition’’.2 Yet, as another panel noted, it ‘‘is an expensive process to take an athlete to the Olympic Games and competition for places is fierce’’.3 The Olympic Games matter because they constitute a unique global event offering invaluable economic and social opportunities to the athletes taking part. In many sports, it is the sole competition in which one can truly make history and become a living legend. Undoubtedly, this illustrious prospect is limited to the happy few, la cre`me de la cre`me. Simply participating in the Games is probably a dream shared by all athletes around the world. But the available spots are scarce. In many sports it does not suffice to be second, you need to be the best amongst your countrymen. Thus, i
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