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The 29th Beijing Olympic Games 2008 was perfect and glared the world from 8 to 24 August 2008. The wonderful performances of the opening ceremony and closing ceremony as well as the splendid sports competition won the world’s attention and appraisal. However, few people may know about the arbitrational institution that resolves sports disputes in the sports field, which provides different countries with references to help them establish their own domestic sports arbitration mechanism, by building up Court of Arbitration for Sport to promote a set of flexible, convenient and economic rules of arbitration for sports. This institute is the one built up in 1983 named Court of Arbitration for Sport (hereinafter referred to as CAS). From 1996, CAS established special court for arbitration to resolve all kinds of disputes related with Olympic sports during the Olympic Games and the 10 days before the opening ceremony.
As a rule, CAS established special court for arbitration in Beijing for sports dispute jurisdiction during the Olympic Games 2008. The ad hoc Division of CAS was combined with 12 lawyers, justices or experts good at sports law and arbitration from France, America, Swiss, Canada, etc.; therein, the Chinese-born arbitrator Tao Jingzhou from France is a senior BAC arbitrator.
Since its foundation, it has made 9 arbitration awards, most of which were about the disputes on the qualification in Olympic Games. And the most attractive dispute was “Swedish wrestler Ara Abrahamian throws away the bronze medal he won in the Greco-Roman category in disgust”.
Swedish wrestler Ara Abrahamian won the bronze medal in his weight class after losing a semifinal match versus Andrea Minguzzi of Italy on 14 August on what he believed was an incorrect judges' decision. His coach asked for watching the competition video, but was refused by International Federation of Associated Wrestling Styles (FILA), and his protest was also ignored. He participated the Repechage in the afternoon after the persuasion of his friends and coach and won the bronze medal, but the row continued at the medal ceremony as he strolled to the podium only to take the bronze around his neck and storm off, throwing his medal in the middle of the mat, and then left straightly.
The International Olympic Committee (IOC) declared that Swedish wrestler Ara Abrahamian was disqualified and stripped of his bronze medal he won at the Beijing Olympic Games on 15 August.
Then, Ara Abrahamian filed a lawsuit to CAS for severely punishing the judge and taking back the medal, however, he later lowered his requirements and just asked the court to prove that FILA has not give him the right to file an immediate lawsuit, and considered this kind of behaviour “did not comply with Olympic Charter and FILA’s own rules of fair competition”.
CAS hold a hearing on 22 August, and declared Ara Abrahamian won the lawsuit, “FILA is required by the Olympic Charter and the principle of fair competition, to provide a procedure in its rules for an appeal jury to hear promptly claims by athletes or others affected that in a competition the relevant officials have not complied with FILA rules and procedures, and to avoid such case’s happening”, writes CAS in the adjudication.
Early on Oct. 2006, BAC hold “2006 Seminar on International Sports Arbitration” partnered with Wuhan University Institute of International Law and Wuhan University Center of Arbitration Law, aiming to make progress in the theoretical study of sports arbitration in China, and provide solid theoretical foundation for the construction of rational Chinese sports arbitration system and the problems may be appeared in Beijing Olympic Games 2008, through good interactivities and communications between famous domestic and foreign scholars. Several experts that enjoyed high prestige in international sports arbitration field attended this seminar. Wang Xilian, Division Chief of BAC, made a keynote speech on BAC’s development practice and the linkage with Chinese sports arbitration. Relevant leaders of General Administration of Sport of China attended this seminar and heard the opinions of experts.
http://www.bjac.org.cn/news/view.asp?id=902&title=&cataid=1
Ten people under the leadership of Chairman Mr. Dr. Robert Briner from ad hoc Division of CAS were invited to visit BAC on 20 August 2008. Mr. Briner paid a lot of attentions to BAC’s development, and was invited to visit BAC with most of CAS members with delight during his Beijing tour as the Chairman of CAS. Wang Hongsong, Secretary General of BAC, introduced BAC’s development in recent years and the development of international commercial arbitration business to Mr. Briner and the visitants CAS arbitration experts, accompanied them to visit the arbitration hall, arbitration management and query system, modern office facilities including remote conference, simultaneous interpretation, etc., and watched a publicity video named “Create Public Trust”. BAC’s high-tech modern office facilities and increasing achievements impressed those CAS arbitrators from different countries and regions deeply. Mr. Briner highly praised BAC’s successful development, and gave a gift to BAC as a representative of ad hoc Division of CAS and Mr. Matthieu Reeb, Secretary General of CAS, to show thanks and good wishes. Those CAS arbitrators also showed strong interest in establishing cooperation relation with BAC, and some wished to be BAC arbitrators.
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