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INTERNATIONAL OLYMPIC ACADEMY 7th JOINT - IOA

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of sport 39 , and b) the CAS Ad Hoc Division may invalidate or modify<br />

these decisions.<br />

1.2.6. The Decision<br />

Decisions are issued within 24 hours from submission of the<br />

application for arbitration unless in exceptional circumstances this<br />

time limit is extended by the President of the CAS Ad Hoc Division<br />

(not the Arbitration Panel trying to specific case). It should be noted<br />

that the Arbitration Panel may decide not to issue a decision on the<br />

application in light of the circumstances and the nature of the case and<br />

instead refer all or some of the matters raised to the CAS. At this point<br />

it has the option 40 to refer matters ex officio or to lay down a deadline<br />

for the applicant/opponent to bring the case before the CAS and can<br />

also impose preliminary relief until an arbitration decision is issued by<br />

the CAS. In effect, referral in this way relates to hearing of the same<br />

case under other forms of procedure, since the same arbitrators will<br />

decide on the matter in the context of the new trial 41 .<br />

Decisions are taken by majority of the arbitrators or, in the<br />

absence of a majority, by the President of the CAS Ad Hoc Division.<br />

The President signs the decision and in all cases retains the right<br />

before signing it to review the decision and make any amendments of<br />

form or to draw the attention of the Arbitration Panel to certain points<br />

of substance in the case without affecting their liberty to take the<br />

decision on the matter. These provisions will guarantee a uniform<br />

approach to issues and supervision of what is a sui generis fast-track<br />

procedure by the President.<br />

For reasons of speed, the decision may be initially communicated<br />

to the parties omitting the reasoning on certain grounds (such as<br />

holding of an event) without this calling into doubt its final character.<br />

From the moment that it is decided not to refer the matter to the CAS<br />

and to issue a decision, that decision is final and enforceable<br />

immediately.<br />

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