'CAS can overturn UWW ruling': Sports lawyer on Vinesh disqualification

Wrestler Vinesh Phogat's fate now lies with the Court of Arbitration of Sport (CAS), the sports court based in Lausanne, Switzerland

Vinesh has been disqualified from the Paris Olympics 2024 for weighing 100 grams more before her 50kg gold medal match on Wednesday.

The Indian Olympic Associaton (IOA) appealed with CAS, an autonomous court since 1984, challenging the United World Wrestling's (UWW) decision to disqualify Vinesh from the Paris Olympics 2024 and demanded a shared silver medal for Vinesh.

The CAS has accepted India's appeal and the matter will now be heard.

Vidushpat Singhania, a renowned sports lawyer who represented Indian athletes in various cases, in an exclusive interview with The Bridge, explained the process CAS follows in cases like that of Vinesh

Excerpts:

Q: Could you tell us about the Court of Arbitration for Sport (CAS) and what it does?

Vidushpat: The Court of Arbitration for Sport in layman's terms is the world's Supreme Court of sports. So all disputes in sports attain the finality in appeal to CAS, even in disqualification of an athlete.

For eligibility criteria for events like the Olympic Games, they have an ad hoc panel. So they create this ad hoc panel where the panel members are physically present at the venue, and they are there to address urgent matters like the one involving Vinesh Phogat.

They typically announce their order within 24 to 48 hours in these cases, that is the timeline they follow.

CAS have rules and regulations in place for all the international federations, including UWW. So Vinesh's appeal will be heard by CAS.

The IOC recognises the CAS's jurisdiction as final. It could be eligibility, doping, or any disqualification from an event. All these matters end up going to CAS.

Q: Can any athletes at any level go to CAS and appeal a decision that has gone against them?

Vidushpat: International athletes normally depend on the rules and regulations. CAS is normally the final jurisdiction, not the first jurisdiction except for events like the Olympics, where it is the first and last jurisdiction.

But suppose you are caught for a doping offence at the World Wrestling Championships then the matter first goes to UWW. But it is up to UWW whether they want to take the matter into their own hands or designate it to CAS for the first instance of resolving any dispute.

If CAS is the final jurisdiction, its verdict is the final. Else, an athlete appeals against the federation's order to CAS which has the final call.

There is an appeal within that process to CAS's second division or appeal division.

If an international athlete has been tested in India, then the first level will be the National Anti-Doping Agency panel. The athlete will appeal to the CAS, which will be the final.

Q: How can an athlete appeal to CAS, and how long is the process?

Vidushpat: There are two kinds of processes, as I said. One is the regular process, which is outside these major events. When you want to file an appeal, you are allowed to file the appeal within a certain timeline.

Once you file the appeal within a certain timeline, they process it. You have to pay a fee, and then they will process it. They also allow the other side to file its response. They also get substantial time to file a response.

CAS has a pre-hearing where they decide who the witnesses each party will get, how much time they want, how they want to get the evidence and everything.

So they have kind of a pre-matter hearing where they fix up procedural issues. Then, they have a final hearing and normally they have only one final hearing.

Sometimes if the accumulation of evidence takes too long, the verdict gets delayed. Otherwise, they announce the verdict within one or two hearings.

Q: What is the review process CAS follows?

Vidushpat: They follow a regular review process like any other court of law. In the case of Vinesh, the UWW will file a response, and CAS will evaluate the evidence and the circumstances. After that, they will announce their verdict based on the documents they have been given. There are judges and arbitrators. If they need to hear you, they will issue a written hearing as well.

Q: How did UWW take a call on the matter of Vinesh?

Vidushpat: The UWW has made the decision based on a technical vote.

Q: So can the official results be overturned following the CAS verdict? Is there any precedent for that?

Vidushpat: There are multiple such precedents in both eligibility and doping disputes. So a lot of time decisions have been overturned, whether the medal has been taken away or reinstated. So, in Vinesh's case, that possibility exists. They have the power to do it.

Q: Can the CAS verdict be challenged?

Vidushpat: Technically, yes. Technically, you can appeal a decision of CAS in the Swiss courts. But your chances of success are very low because it has to be against public policy. It has to be that a fair process was not followed, which is unlikely. So, we can assume that the CAS verdict is final.

Q: When can we expect an official confirmation from CAS in Vinesh's case?

Vidushpat: Today you will get something. But if they want a hearing, they will schedule the matter later.

Q: Are regular lawyers allowed to appeal at CAS? Can you verify?

Vidushpat: I have argued in multiple cases at CAS. There is a difference between arbitrators and lawyers. So arbitrators are like judges to whom you give the evidence. So arbitrators are a closed circle in an ad hoc. There are eight or 10 arbitrators at CAS.

The CAS Secretariat will pick one or three from the lot depending on the complexity of the case. They will decide on the matter and give the operational order and the final order.

But anybody can file an appeal including an athlete. To appeal, the athletes don't need a lawyer's help. They can file it on their own or can take the help of lawyers if they wish to.

Q: Can the Indian government intervene in this scenario?

Vidushpat: I will be very surprised if the Indian government intervenes to push the case. They are definitely going to support the athlete. I have not otherwise been hearing conspiracy theories. There is no conspiracy here. It's straightforward, right? The rules are rules. You have to obey it, right? You can challenge the rules.

You can say that there should be a leeway. You can argue on equity. You can argue on procedural issues. As a lawyer, you can argue. And it is for the judges or the arbitrator to decide. But I don't think there's a conspiracy against Vinesh. Everybody is behind her. As we say in the family, we may fight but to the outside world, we have to put up a united show.