Getting to the Games: Olympic Selection Drama(s) at the Court of Arbitration for Sport

Forthcoming in International Sports Law Journal

T.M.C. Asser Institute for International & European Law 2016-5

26 Pages Posted: 8 Apr 2016 Last revised: 30 Jun 2017

Date Written: April 1, 2016

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 among your countrymen. Hence, 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 choose to 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. Indeed, while there is some literature on the case law of national courts, the work of 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.

Keywords: Olympic Games, Court of Arbitration for Sport, Lex Sportiva, Sports Law, Arbitration, Estoppel, Good Governance

JEL Classification: K1, K10, K40, K41

Suggested Citation

Duval, Antoine, Getting to the Games: Olympic Selection Drama(s) at the Court of Arbitration for Sport (April 1, 2016). Forthcoming in International Sports Law Journal ; T.M.C. Asser Institute for International & European Law 2016-5. Available at SSRN: https://ssrn.com/abstract=2760244

Antoine Duval (Contact Author)

T.M.C. Asser Instituut ( email )

P.O. Box 30461
2500 GL The Hague, 2517JN
Netherlands

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