https://www.site/2018-02-01/sportivnyy_arbitrazh_opravdal_pozhiznenno_otstranennyh_rossiyskih_sportsmenov

Sports arbitration acquitted life suspended Russian athletes

Alexandr Yakovlev/Russian Look

The Court of Arbitration for Sport (CAS) in Lausanne on February 1 announced the decision on 39 Russian athletes who were previously banned from participation in the Olympic Games for life in connection with a doping scandal.

According to the correspondent of the site, the International Olympic Committee (IOC) found that athletes at the 2014 Winter Olympics in Sochi violated anti-doping rules, and decided to disqualify them, thereby depriving them of the medals they received. In addition, athletes are banned for life in any capacity to take part in the Olympic Games.

39 Russian athletes filed complaints, stating that there was no direct evidence of their doping use. Arbitration proceedings were opened on each appeal.

On February 1, the Court of Arbitration for Sport in Lausanne granted the appeals of 28 out of 39 Russian athletes, according to a CAS press release.

The list of those acquitted included: Dmitry Trunenkov, Alexei Negodailo, Olga Stulneva, Lyudmila Udobkina (bobsleigh); Alexander Tretyakov, Sergei Chudinov, Elena Nikitina, Olga Potylitsyna, Maria Orlova (skeleton); Alexander Legkov, Evgeny Belov, Maxim Vylegzhanin, Alexey Petukhov, Nikita Kryukov, Alexander Bessmertnykh, Evgenia Shapovalova, Natalya Matveeva (cross-country skiing); Olga Fatkulina, Alexei Rumyantsev, Ivan Skobrev, Artyom Kuznetsov (skating); Tatyana Ivanova, Albert Demchenko (luge); Ekaterina Lebedeva, Ekaterina Smolentseva, Ekaterina Pashkevich, Tatyana Burina, Anna Schukina (ice hockey).

Another 11 athletes were found guilty of anti-doping rule violations, but the court changed the life suspension to a ban on participation in the 2018 Games in PyeongChang.

On December 5, 2017, the Executive Committee of the International Olympic Committee (IOC) suspended the membership of the Russian Olympic Committee and removed the Russian team from Winter Olympics. Only those athletes who can prove their "purity" were allowed to participate in the Games. They will not be able to demonstrate national symbols, they must perform under the flag of the IOC, and if they win, the Olympic anthem will sound.

On January 25, the Russian Olympic Committee published a complete list of Russian athletes who received invitations from the IOC to Pyeongchang. As part of the team " Olympic athletes from Russia” will feature 169 athletes in 15 sports (225 Russian athletes were selected for the 2014 Olympics in Sochi).

Against the backdrop of anti-doping courage, the Russian team lost 111 contenders for a trip to Pyeongchang, including more than 10 superstars who claimed the gold of the 2018 Olympics. Among them are six Olympic champion in short track Viktor An, Olympic champion in biathlon Anton Shipulin, two-time champion world in cross-country skiing Sergey Ustyugov, speed skaters Pavel Kulizhnikov and Denis Yuskov, figure skaters Ksenia Stolbova and Ivan Bukin.

The Olympic Games in Pyeongchang will be held from February 9 to 25. For those athletes who did not receive an invitation to the 2018 Olympics, an alternative tournament will be organized in Sochi.

Image copyright EPA

The Court of Arbitration for Sport (CAS) in Lausanne on Thursday upheld the appeals of Russian athletes, annulling the International Olympic Committee (IOC) decision to ban them from the Olympics for life.

The BBC Russian service tells how athletes, officials and journalists reacted to this decision.

International Olympic Committee

This could have a major impact on the future fight against doping. The IOC will therefore analyze the rationale for decisions very carefully as soon as they are available and will consider the possible consequences - including the possibility of an appeal to the Swiss Federal Tribunal.

Regarding the participation of athletes from Russia in the Winter Olympic Games in Pyeongchang 2018, the decision of the IOC Executive Board of December 5, 2017 remains in force. This suggests that since the Russian Olympic Committee has been suspended, Russian athletes will only be able to compete in PyeongChang at the invitation of the IOC.

The decision of the Arbitration Court in Lausanne does not mean that 28 athletes will be invited to the Games. The fact that they are not under sanctions does not mean that they automatically receive the privilege of being invited to the Games.

It is also important to note that at the press conference, the Secretary General of CAS stated that the decision of the court "does not mean that 28 athletes are declared innocent."

Pavel Kolobkov, Minister of Sports of Russia

Now the Russian Olympic Committee will send a letter to the IOC with a proposal that they declare our athletes to participate in the Olympic Games. We will wait for the official decision of the IOC. (Interfax)

All athletes were acquitted in the case on charges of anti-doping rule violations during the Sochi Games. And the guys, and we are all glad that justice has finally prevailed.

The CAS board recognized that they were innocent and canceled the decisions of the Oswald Commission (IOC). Today's CAS decisions confirm that many of those accused are "clean athletes". (RIA News)

Dmitry Peskov, press secretary of the President of Russia

We have repeatedly said that, of course, our athletes will continue to be supported through all possible channels in any steps that are aimed at upholding their rights.

Information received about the decision of the Sports arbitration court in relation to our athletes confirms that vigorous action to uphold the rights of both judicial and other categories is justified, can be effective and must continue. And we hope that, of course, these actions will continue.

Dmitry Medvedev, Prime Minister of Russia

We never doubted that our athletes absolutely deservedly received all those medals that were won in Sochi. It is good that the court fully confirmed this, proved their purity.

This means that the athletes who filed suits are fully exonerated. And in relation to them, no prohibitive decisions are no longer valid, their biography is absolutely clean. And all those awards that they have acquired have been restored in their rights.

Everything (...) needs to be done as quickly as possible so that fully rehabilitated athletes can take advantage of all the opportunities that are open to them as a result of this court decision. (Interfax)

Vitaly Mutko, former Minister of Sports of Russia

Good news, but with bitterness. Frankly speaking, we did not expect such a decision, but nevertheless we proceeded from the fact that in all these hearings and commissions of Oswald, WADA (World Anti-Doping Agency) there are such superficial accusations, hasty, without substantiation.

All this week the athletes proved their innocence. Doping is a fairly simple thing: there are samples, and all this talk and speculation should not be considered at all. As soon as some kind of consideration goes on a legal basis, then everything falls into place.

One can only express regret that WADA delegated all these processes to the commissions, Richard McLaren was absolutely unconvincing in this process.

Of course, we are very happy that 28 athletes were justified. We never doubted them. All of them have always been outstanding athletes for us, and we had no doubt that they won their podiums in a fair fight. And the president said that we were never going to leave them without support and help. (RIA News)

Mikhail Degtyarev, head of the State Duma Committee on Physical Culture, Sports, Tourism and Youth Affairs

We counted on positive decisions in court. The courts must always be filed, because silence means agreement with the decisions or accusations made. The next step should be lawsuits in civil courts in order to refute the false theses of the McLaren report and protect the honor and dignity of athletes and coaches.

Elena Vyalbe, President of the Russian Ski Racing Federation

When they learned the solution, even the gift of speech was lost. It is a pity that three are still not fully justified, but the disqualification is only for these Olympic Games. In general, we are just happy, I believed that sooner or later this would happen. (RIA News)

Olga Fatkulina, world champion in speed skating

I earned a medal with my honest work. When I learned about today's decision, happiness did not decrease or increase. Everything was as it should be. It will be a victory if we are admitted to the Olympic Games. Let's wait now - how everything will be decided on admission. That's when we'll be happy. Now the state is already such that there are no emotions. We are waiting to see how everything will be according to the situation. (RIA News)

Artem Kuznetsov, speed skater

Of course, common sense prevailed, but many questions remain: what happened, why we were accused, and, I'm afraid, they will remain unanswered. It's a shame that we, most likely, will not go to the Olympics anyway, because there are no invitations yet, and it is not clear what will happen. (TASS)

Alexey Petukhov, skier

Having learned the decision, I just thought that justice has triumphed, there are higher powers and the truth is above all nasty things. Now let those who spoke badly about us think, let them be ashamed. And we came out victorious, it's great that the court heard us.

A little at a loss, I understand that everything is over, but the state is incomprehensible, twofold. It turns out that it is not clear with the Olympic Games, the IOC will certainly not allow it, and the list has been formed. But the fact that we will continue to prepare for the World Cup is a positive decision. With new forces in a new fight. (RIA News)

Alena Zavarzina, snowboarder

Nikita Kryukov, skier

I want to go to court, because the decision on disqualification affected me very strongly. My name, the name of the Olympic champion, was simply taken and dipped into the mud. I fully admit that this could make the fans doubt the purity of my results, my victories. I see no reason to tolerate it with impunity. Therefore, going to court seems to me a completely logical step.

Russia still has a lot of work to do and to improve its anti-doping system. But the decision of the Court of Arbitration for Sport (CAS) in Lausanne cannot but rejoice. during a trip to Rostov-on-Don, which eight days before the start Winter Games in Korea, fully justified 28 Russian athletes. Banned for life from all Olympics. At the same time, the president called for refraining from euphoria and respect for Russia's opponents in this case.

The Russian Olympic Committee is already preparing an additional application to the IOC. The Russian side hopes that the decision to restore the rights of our athletes to participate in the Olympics will be made in an expedited manner. The athletes themselves are counting on this, who have not stopped preparing for the competition all this time and believed in justice.

The first Olympic athletes from Russia are already in Pyeongchang and have already settled in the Olympic Village. And the first news on Korean soil is good for our team.

“The judges of the Court of Arbitration for Sport unanimously ruled that the evidence provided by the IOC in this case did not carry sufficient weight in each individual case. Therefore, the evidence collected in 28 cases was found insufficient to establish anti-doping rule violations by these athletes,” says Mathieu Ribe, Secretary General Sports Arbitration Court.

Appeals of 28 athletes were satisfied. And this means that the list of athletes from Russia admitted to the Games can be replenished with new names.

“I knew that this would be the case, that the truth would be on our side. I hope that we will continue to win these cases so that we can go to the Olympic Games,” Olga Fatkulina, Olympic silver medalist in speed skating, rejoices.

Elena Nikitina, Olympic bronze medalist in skeleton, is also on the list.

"Yes, I qualified for the Olympic Games as the first number and I really hope that we will get there, we seem to have a chance to get there."

The athletes did not believe until the very end that CAS would make a decision in favor of Russia. We are already accustomed to continue the trials month after month.

“I found out this news at a training session, so I was ready to ride until the evening from such good news! Of course, our lawyers made a request right away. Because CAS, as it were, writes that they recommend sending us an invitation. So now we are waiting for the results from IOC," Maxim Vylegzhanin, a three-time Olympic silver medalist in cross-country skiing, shares his emotions.

However, the IOC has already rushed to declare that automatically after the CAS decision no one will be allowed to the Olympics. So the athletes and coaches will have to wait for the verdict again.

Albert Demchenko, head coach of our luger athletes hopes to fly to Korea at least on Sunday. His wards, the leaders of our team, are already in Pyeongchang. We arrived just in time for the opening of the Olympic village.

Direct flight Moscow - Seoul, 8 and a half hours in the sky. During this night, our athletes will have to cross 6 time zones, but they are used to coping with physical exertion.

“For me, the main thing is to sleep 3-4 hours after the flight,” admits Roman Repilov, a three-time winner of the World Luge Championship.

“I don’t experience any big problems. Plus, we have very competent medical staff who help us,” says Semyon Yelistratov, Olympic champion in short track.

“More complexities with circadian jet lag. A big time difference and because of this it is more difficult,” says Sofya Prosvirnova, four-time European champion in short track speed skating.

"We have already worked out the flight to Korea, we had the World Cup stage here last year and the international training week and we already know what to expect from this long flight, what state - we have already recorded, "explains Sergey Chudinov, head coach of the Russian national team in luge.

Due to the truncated composition of our teams, there is no medal plan this time. Many of the favorites of the Olympiad from Russia remain on the stop list, not involved in doping scandals, but, nevertheless, not admitted to the Games, without clear explanations from the IOC. So, as our athletes say, they will have to fight in Pyeongchang both for themselves and for their teammates who have remained in Russia.

“We know our business, we go for results, for high results and we will do everything in our power,” promises Vladislav Antonov, Olympic silver medalist in luge.

“There are a lot of emotions, they mix, and I can’t say anything specifically. It’s sad, but we will break through, everything will be fine,” says Elistratov.

Our athletes will start their first training at the facilities next week. In the meantime - good sleep, rest and acclimatization.

It would seem that you can pack things. Charges are dropped. Lifetime suspension - cancelled. However, the International Olympic Committee still does not want to see Russian athletes at the games in Pyeongchang.

"The decision of the IOC Executive Committee of December 5, 2017 remains in effect. It clearly states that Russian athletes can only take part in the PyeongChang Games at the invitation of the IOC, since the Russian Olympic Committee is suspended. The result of the decision of the Court of Arbitration for Sport does not mean that these 28 athletes will be invited to the Games,” said Mark Adams, spokesman for the IOC.

What prevents this invitation from being issued is the main question. 28 athletes are clean, the arbitration recognized this unanimously. If we are talking only about the fight against doping, there can be no obstacles to admission. However, judging by the reaction of the IOC, this story is not only about sports.

“Although there are still no grounds for non-invitation, but, nevertheless, the IOC may refuse an invitation, and not send an invitation to them. Now lawyers who have powers of attorney from athletes are studying the issues and the possibility of challenging this decision,” said Alexei Kravtsov, head of the Russian Skating Union.

The first thing the lawyers plan to do is to send a formal request. If the IOC continues to persist and responds with a non-admission decision, it will be immediately appealed. On an emergency basis. To still be in time for the start of the competition.

"We need to act quickly. And we will act quickly. We hope that the Arbitration will force the IOC to allow athletes to the Olympic Games. Our position is strong enough. Let's see what the decision will be. But I am sure that from a legal point of view there is no reason not to Games of Russian athletes, from which all charges were dropped, despite the fact that athletes of other nationalities in a similar situation are allowed to the games, "says Philip Burch, a lawyer representing the interests of Russian athletes at CAS.

The Russian Olympic Committee will also strive to ensure that the Russian athletes acquitted by the Arbitration are admitted to the games.

“Of course, the IOC at all its meetings stated that they are defending the interests of “clean” athletes. So, CAS has now confirmed that our athletes are “clean” and have earned the right to participate in the Olympics. Therefore, now the Russian Olympic Committee will send a letter with a proposal that they declare our athletes to participate in the Olympic Games. And we will wait for the official decision of the International Olympic Committee, "he informed the public.

The list of those who can participate in the games will be formed by the end of this day. Skeletonists Alexander Tretyakov, Elena Nikitina and Maria Orlova. Skaters Olga Fatkulina, Alexander Rumyantsev and Artyom Kuznetsov. Sanitary Tatyana Ivanova. They all said they were ready to go to Pyeongchang. All that's left is to get an invitation.

“We all prepared and continue to prepare. And the mood is good. And today this is also such a definite, certainly a pleasant positive moment for anyone,” said Elena Vyalbe, President of the Russian Ski Racing Federation.

The moment is not just pleasant - it is fundamental. In fact, 28 athletes defended not only the right to justice, but also their reputation. His own, and most importantly, Russian sports. And they are not going to stop there.

For the International Olympic Committee, the decision of the Arbitration is, of course, the most inconvenient. And not only because the composition of the participants can change just a week before the start of the games. The main thing is a reputational blow: if the accusations of McLaren, Rodchenkov and Oswald are unfounded, where did the IOC look? Why did you listen? The questions seem to be too uncomfortable to answer. It's easier to go on a new attack. And this journey, it seems, is not yet complete.

News, 15:05 01.02.2018

CAS sends a signal to the IOC: experts comment on the decision of the court in Lausanne

Context

MOSCOW, Feb 1 - RAPSI, Diana Gutsul.

On Thursday, the CAS upheld 28 and partially upheld 11 of 39 complaints from Russian athletes suspended for life from the Olympic Games on suspicion of doping, the court said in a press release. The court considered each of the cases individually and fully satisfied the complaints of 28 athletes, recognizing the evidence collected in relation to them as insufficient. At the same time, CAS agreed with the allegations against 11 athletes, but decided to lift the life ban and limit themselves to a ban on participation in the upcoming games in Korea.

Not a single report

Lawyer Artem Patsev, who represents the interests of Russian athletes in court, believes that today's decision confirms the lack of support from independent arbitrators of the IOC approach.

“Apparently, the CAS arbitrators thereby call on the IOC to be guided by the fundamental principles of Olympism and the legal principles enshrined in the Olympic Charter when making decisions. This is such a clear and powerful signal from the highest authority that a free interpretation of the charter is unacceptable. I hope the IOC approach will change, and guys who are acquitted will receive an invitation to the games in an expedited manner and will be able to go there and perform," Patsev told RAPSI.

Lawyer Svetlana Gromadskaya recalls that when considering complaints, the court examined evidence in relation to each athlete, including the report of Grigory Rodchenkov (Director of the Federal State Unitary Enterprise "Anti-Doping Center" - approx. RAPSI). "Obviously, the evidence presented by the Russian side was enough to conclude that our athletes were not involved in the charges. Of course, this decision indicates a positive trend. I really hope that our athletes will still be in time for the games. The IOC's decision initially raised questions. It is good that it is not final, and there is a court that is guided by the principle of individual responsibility.Moreover, it raises the question of how, in general, the figure of Rodchenkov inspires confidence.The court is not bound only by his report and the McLaren report (Richard McLaren - approx. RAPSI), I'm sure now everyone has a chance to prove their innocence," Hromadska said.

Without guilt or punishment

Lawyer Maksim Rovinsky notes that the decision of the appellate court has nothing to do with whether there was a doping support system in Russia or not. “The court considers each case individually and the evidence on a case-by-case basis, so we see that the principle of collective responsibility in the Lausanne court did not find support, this is very important. And this suggests that all athletes who were sanctioned should try to appeal to the courts of sports jurisdiction. This is an example for our other athletes, filing appeals is not hopeless, "said the expert.

In turn, lawyer Aleksey Melnikov is convinced that the whole situation with the removal of Russian athletes from participation in competitions was clearly political in nature and, from the point of view of law, did not initially seem to be sufficiently justified.

“The arguments of sports organizations sounded extremely unconvincing from the point of view of the law. It was not about individual claims, but the collective imputation of guilt to a whole group of athletes, which is unacceptable in law, since the Latin principle “no guilt - no punishment” applies. full justification, the court considered it absolutely insufficient to simply mention someone somewhere. Sorry, but this is such a joke: “One thing is written on the fence, and there is firewood.” Evidence is specific documents, analyzes, or at least testimonies. And is it possible in this case to consider the testimony of one fugitive and offended official, who also organized everything himself, sufficient? (Rodchenkova - approx. RAPSI) I think they are extremely insufficient. His testimony is generalizing, he speaks about "all" and "many". In the case of partial satisfaction of complaints, I think that the principle of equality was violated. It turned out that Canadian or Norwegian athletes, who were once convicted of the same violation, now, after the expiration of the term, will be able to participate in the games, and Russian athletes are deprived of this right for life? This is a discriminatory approach based on nationality, it is unacceptable. The court is for that and the court is to see if there is a situation when an athlete maliciously uses doping, or a situation where a substance is found in the tests, but the substance entered the athlete’s body by accident, ”Melnikov explained.

According to the expert, the decision of the court in Lausanne is legal, and therefore it can be welcomed. "This confirms that not everyone is ready to spit on the law just to please the political situation," Melnikov concluded.

Add to blog

Publish code:

The decision of the Court of Arbitration for Sport (CAS) in Lausanne on the complaints of Russian athletes is a clear signal to the International Olympic Committee (IOC) about the inadmissibility of a free interpretation of the charter, according to experts interviewed by RAPSI.

15:05 01.02.2018

How will it look like:

The decision of the Court of Arbitration for Sport (CAS) in Lausanne on the complaints of Russian athletes is a clear signal to the International Olympic Committee (IOC) about the inadmissibility of a free interpretation of the charter, according to experts interviewed by RAPSI.

Pitchen Gilles (lic.iur) - Partner of the Sports Law Commission of the Russian Bar Association in Switzerland, Professor of the Department of Swiss and International, Commercial and Economic Law named after. Professor Peter Nobel at the University of Zurich.

1. Development and legal background of CAS

The growing importance of sports in the 1980s caused a steady increase in the number of legal disputes in the field of sports. Under these conditions, the national courts could no longer meet the rapidly growing need for prompt and independent resolution of sports legal disputes. Difficulties have arisen in ensuring effective and expeditious resolution of disputes at the international level. The desire to harmonize international jurisprudence under the motto "same games - single rules" required the introduction of a homogeneous international jurisprudence. International sports disputes had to be resolved by qualified specialists in the shortest possible time and at minimal cost.

Thus, under the auspices of the International Olympic Committee (IOK) in 1984, the Court of Arbitration for Sports (known to everyone as CAS) was created with its seat in Lausanne. The official status and independence of CAS was recognized by the decision of the Swiss Federal Court<1>. However, the personnel and financial proximity to the International Olympic Committee was criticized, so the International Olympic Committee reorganized and founded the International Council of Arbitration for Sport (International Arbitration Council for Sports - ICAS), the legal form of which is the Swiss Stiftung (foundation) with headquarters in Lausanne .

ICAS consists of 20 members, 12 of which are nominated by international federations. The latter nominate 4 participants representing the interests of the athletes. The last 16 nominate for the remaining 4 places of independent participants<2>.

The tasks of ICAS include the adoption and amendment of the statutes and regulations of the CAS Court of Arbitration, the election of the President and Vice President, the appointment of arbitrators and the financing of the CAS. CAS maintains a list of accepted arbitrators, their number is about 300 people from 90 countries. Judges are required to maintain confidentiality<3>.

In the case of Larisa Lazutina and Olga Danilova, the Swiss Federal Court unconditionally recognized the independence of CAS<4>. The path to success was open.

2. Sports law and arbitration

For Swiss law, arbitration is of great importance. To resolve international disputes in arbitration courts in Switzerland, the Swiss Federal Law on Private International Law (IPRG / FZoIP) applies<5>. According to article 191 of the FPL, the Swiss Federal Court is the only appellate instance and has only very limited cognitive powers (section 77, paragraph 2, of the Federal Court Law, in conjunction with article 190 of the FPL). According to paragraph 2 of Art. 190 FZOMChP the decision of the arbitration court can be challenged only in the following cases:

(a) if the arbitrator or the composition of the arbitral tribunal has not been duly appointed;

b) if the arbitral tribunal erroneously found the dispute to be subject to or not subject to its jurisdiction;

c) if the arbitral tribunal has ruled on issues of the dispute that were not submitted by the parties for consideration, or left the request of the parties without consideration;

d) if the principle of equality of arms or the principle of due process has been violated;

e) if the decision is contrary to the principles of public order.

The Swiss Federal Court may set aside the decision of the arbitral tribunal, but cannot itself make a new decision on the merits of the case. Therefore, a new decision must be made by the arbitral tribunal<6>.

Decisions of the International Court of Arbitration may be recognized and enforced in other countries under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (NYU). 145 out of 192 member states of the United Nations have ratified the New York Convention (it entered into force in Russia on 11.22.1960).

This is the secret to the success of international arbitration in Switzerland.

3. Obligations of actors: statutory and contractual arbitration clauses

Under the IPRG and the New York Convention (NYU), parties may be required to arbitrate disputes only if they accept arbitration clause and in writing<7>.

Currently, most international federations have included a CAS dispute resolution clause in their articles of association and oblige their members to do the same. As a result, national federations are obliged by statute to apply to resolve disputes with international federations only in CAS. An example of this is the charter of the World Football Federation.

Arbitration may also be established by agreement. CAS recommends that standard arbitration clauses be included in the text of the contract, examples of such clauses can be found in Appendix 1 to the CAS Sports Arbitration Code<8>.

4. Language, location and procedure

The working languages ​​of CAS are French and English. If the parties cannot agree on a working language, the decision is made by the President of the Court. The parties may agree on a working language later<9>, as well as choose any other language if the arbitral tribunal and its office give their consent to this<10>. Four arbitrators have knowledge of the Russian language:

• Dermendjiev Ivaylo (Bulgaria);
• Geistlinger Michael (Austria);
• Horacek Vit (Czech Republic);
• Vrublevskis Aldons (Latvia).

However, it must be borne in mind that doing business in languages ​​other than the official working languages ​​of the CAS may incur additional costs for the parties.

The place of arbitration shall always be in Lausanne (Switzerland). However, the Court of Arbitration may order hearings in other places. CAS applies three types of judicial proceedings: ordinary procedure<11>(here the court is the first instance)<12>, the appeal procedure (in which an appeal against the decision of international organizations is considered) and the mediation procedure<13>. The IOK, International Sports Federations and National Olympic Committees (NOK), the World Anti-Doping Agency (WADA) - called upon by the IOK - also have the right to request a consultation process for a legal review of the circumstances of the case. In such a case, the arbitral tribunal may express its opinion on the matter, which in such circumstances is optional.<14>.

5. CAS ad hoc division for the Olympic Games

Controversy often arises during the Olympic Games. Such disputes should not interfere with the games. In this regard, it is necessary to avoid situations in which the state court, months or even years after the games, could change or cancel the decisions of the IOK, NOK or international federations. In case of disqualification of participants, compensation for damages is not possible. Games can no longer be repeated. Therefore, it is important to ensure prompt and independent decision-making while respecting procedural principles. Ad hoc division (a specially created arbitration committee) was founded in 1996 in Atlanta. His task was to conduct processes and make decisions on them within 24 hours. Members Olympic Games accept the jurisdiction of this special arbitration court when signing the form for participation in the Olympiad. The introduction of Olympic arbitration was a success, ad hoc division became an integral part of the Olympic Games.

The working languages ​​of the Olympic arbitration are English and French, and exceptions in the form of allowing other working languages ​​are not allowed in the Olympic arbitration procedure. There is a list of lawyers working in this regard free of charge. Thus, participants can apply to this court without fear of high costs. The trial itself is also free. Detailed details of the judicial procedure can also be found in the CAS Rules of Procedure for the Olympic Games.

6. Conclusion

Thus, the creation of CAS was an important step for the international sports community. CAS has been able to establish itself as an independent, reliable, operational and sustainable entity. Through the New York Convention, CAS decisions are internationally recognized and enforced. It also avoids the danger of lengthy and cumbersome legal procedures and allows sports law to operate freely in international conditions.