Ready, Set, Go: Exploring the CAS Ad Hoc Division in the 2024 Paris Olympic Games

In the dynamic realm of international sports, conflicts and disputes frequently emerge, ranging from doping allegations to contested referee decisions. Resolving these issues swiftly and impartially is paramount to maintaining the integrity of sporting competitions. Enter the Court of Arbitration for Sport (CAS) headquartered in Lausanne, Switzerland, a pivotal institution tasked with adjudicating such disputes since its inception in 1983. Particularly noteworthy, considering the sports calendar for July 2024 is the CAS Ad Hoc Division, a specialized body established to ensure justice during the Olympics. This brief post delves into the intricacies of the CAS Ad Hoc Division, its significance in the sporting landscape, and the evolving paradigm of performance-enhanced arbitration.

The CAS Ad Hoc Division stands as a temporary tribunal convened for the Olympic Games. It operates under specially tailored procedural rules designed to address the unique circumstances and exigencies of each major international sporting event. Comprising seasoned arbitrators with deep expertise in sports law and dispute resolution, the Ad Hoc Division is tasked with swiftly adjudicating disputes that arise during the course of these events, ensuring that athletes and teams receive fair and impartial treatment.

The ad hoc Division was established by the International Council of Arbitration for Sport (ICAS) right before the Atlanta 1996 Summer Olympics. Its proceedings are conducted in English, French, or Spanish and free of charge and based on Article 7, the law governing the arbitration is Chapter 12 of the Swiss Act on Private International Law.

The Ad Hoc Division, composed of arbitrators from diverse backgrounds, operates around the clock during the Olympics to render decisions within 24 hours. They have jurisdiction over disputes arising from or connected to the Olympics, excluding field-of-play matters. Provisional measures can be awarded to mitigate irreparable harm, reflecting the CAS’ commitment to fairness and participation. Ad Hoc Divisions have been organized during all Olympics ever since, being composed of 12 arbitrators (9 for the Winter Games) from different countries and profiles. A group of pro bono lawyers is usually available. The Ad Hoc Division has jurisdiction to hear any disputes arising on the occasion or in connection with the Olympics, from 10 days before the opening ceremony and up to the closing ceremony.

Hearings play a decisive role in fact-finding, with the upcoming Paris Olympics holding Ad Hoc Division sessions in an actual courtroom in Paris for the first time (Tribunal Judiciaire). The list of arbitrators is usually announced in an official CAS press release a few days before the start of the Olympics Games.

The Ad Hoc Division’s operations during the 2022 Beijing Olympics handled a multitude of cases spanning doping infractions, eligibility disputes, and other contentious matters. These decisions offer a window into the application of sports law in real-time scenarios, highlighting the Ad Hoc Division’s pivotal role in upholding the principles of fairness and sportsmanship.

The concept of performance-enhanced arbitration represents a significant advancement in the realm of dispute resolution within the sporting arena. Traditional arbitration mechanisms often face challenges in swiftly resolving disputes, particularly during high-profile events where time is of the essence. Performance-enhanced arbitration seeks to address these challenges by streamlining procedures, leveraging technology, and empowering arbitrators with specialized knowledge of sports law and athletic competition dynamics.

In many respects, the CAS Ad Hoc Division embodies the principles of performance-enhanced arbitration. By operating within compressed timelines and employing expedited procedures, the Ad Hoc Division ensures that disputes are resolved promptly without disrupting the flow of the event. Moreover, the expertise of its arbitrators in sports law and their familiarity with the intricacies of international sports contribute to the efficiency and legitimacy of the Ad Hoc Division’s decisions.

The CAS Ad Hoc Division stands as a cornerstone of justice and fairness in international sports. Its swift and impartial resolution of disputes ensures that athletes and teams compete on a level playing field, upholding the principles of integrity and sportsmanship. As the world of sports continues to evolve, the CAS Ad Hoc Division must remain adaptable and innovative, guided by the insights and expertise shared by sports arbitration specialists.

If you would like to learn more, you can also consult the following scholarly articles:

Chappelet, J. L. (2021). The Olympics’ evolving relationship with human rights: an ongoing affair. Sport in society, 25(1), 1-22.

Duval, A. (2016). Getting to the games: the Olympic selection drama (s) at the court of arbitration for sport. The International Sports Law Journal, 16(1), 52-66.

Dryden, N., & Star, S. (2023). The CAS ad hoc division for the Olympic Games. In The Routledge Handbook of Mega-Sporting Events and Human Rights (pp. 130-140). Routledge.

Fitzgerald, M. K. (2000). The Court of Arbitration for Sport: Dealing with doping and due process during the Olympics. Sports Law. J., 7, 213.

McLaren, R. H. (2001). Introducing the Court of Arbitration for Sport: The ad hoc division at the Olympic Games. Marq. Sports L. Rev., 12, 515.

McLaren, R. (2004). The CAS Ad Hoc Division at the Athens Olympic Games. Marq. Sports L. Rev., 15, 175.

Polvino, A. T. (1994). Arbitration as Preventative Medicine for Olympic Ailments: The International Olympic Committee’s Court of Arbitration for Sport and the Future for the Settlement of International Sporting Disputes. Emory Int’l L. Rev., 8, 347.

Zagklis, A. K. (2006). The CAS Ad Hoc division at the XX olympic winter games in Turin. International Sports Law Journal, 3, 47.