INTERNATIONAL OLYMPIC ACADEMY 7th JOINT - IOA

jurisdictional task carried out in the past by the IOC Executive Board 9
is now carried out by the CAS Ad Hoc Division which was
established for the purposes of the Olympic Games by decision of the
International Council of Arbitration for Sport 10 .
The objective of this paper is to examine the nature, structure and
modus operandi of the CAS Ad Hoc Division as a court of arbitration
specifically established for the Olympic Games. The analysis follows
the temporal succession of an unfolding case starting with the
arbitration clause and followed by the appointment of arbitrators, the
arbitration procedure itself and the handing down of the decision.
1. The CAS Ad Hoc Division
1.1. The Arbitration Clause
The basic factor in involvement of the CAS Ad Hoc Division in a
case is subjection of all disputes arising during the Olympic Games to
its jurisdiction. Article 74 of the Olympic Charter, which governs the
Olympic movement overall, states that
“Any dispute arising on the occasion of, or in connection with
the Olympic Games shall be submitted exclusively to the Court
of Arbitration for Sport, in accordance with the Code of Sports-
Related Arbitration.”
This provision not only established a jurisdictional body but in
addition provided exclusive jurisdiction to it in disputes related to
Olympic Games and consequently excludes recourse to national courts
in order to obtain legal protection. Each athlete or National Olympic
Committee acknowledges the exclusive jurisdiction of the CAS by
signing the Olympic Games entry form 11 which contains the relevant
clause. Arbitration clauses such as that contained in Article 74 of the
Olympic Charter and the Olympic Games entry form for the time
being effectively cover the paucity of ‘conflict of laws’ rules relating
to the IOC and its members and the laws established by states, thus
avoiding to a large degree the involvement of national courts in sports
disputes (involvement which is frequently problematic) 12 .
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