Vinesh Phogat Appeals CAS Over Disqualification: How The Court Of Arbitration For Sport Works?

Just a few hours before her gold medal match at the Paris Olympics, Vinesh Phogat was disqualified from the women’s 50kg freestyle wrestling for being 100 grams more than the required weight limit.

On her path to the final bout, the 29-year-old achieved several milestones, becoming the first Indian woman wrestler to qualify for an Olympic final. She also secured the big victory by defeating the world number one, Yui Susaki.

Now, even after announcing her retirement from the sport following a bitter end, Vinesh Phogat’s dream of a medal is not yet settled, as the CAS has yet to make a decision.

What Is the Court of Arbitration for Sport (CAS)?

The Court of Arbitration for Sport (CAS) is an international body created in 1984 to resolve sports-related disputes. Its main headquarters are in Switzerland, with additional offices in New York, Sydney, and Lausanne. For urgent decisions, temporary courts are set up in the host city of the Olympic Games—in this case, Paris. CAS is recognized by Olympic international federations to handle certain disputes, and its rulings can significantly impact outcomes.

However, disputes related to sports arbitration can only be brought before CAS if the parties involved have an arbitration agreement that specifies CAS as the recourse. Nevertheless, under Rule 61 of the Olympic Charter, all disputes related to the Olympic Games are submitted to CAS.

What is CAS's roles in solving Olympic disputes?

CAS plays a crucial role in resolving internal disputes that arise during the Games. Under the 2009 World Anti-Doping Code, all parties -- including Olympic international federations and National Olympic Committees--acknowledge CAS's jurisdiction over anti-doping rule violations.

Since 2016, CAS has taken over from the IOC Disciplinary Commission for doping cases, thanks to its dedicated anti-doping division with judges specializing in such matters at the Olympic Games. Out of the eight doping cases filed, seven have been settled in the CAS. For any cases, including those related to anti-doping, decisions can be appealed to CAS’s ad hoc court located in the Olympic host city which stays for a period of 10 days preceding the Opening Ceremony. Even if the court is no longer available in the host city, appeals can be taken to the permanent CAS headquarters.

Will Vinesh Phogat Be Awarded Silver Medal?

The CAS is likely to reveal its interim verdict on Thursday, August 8 and if the jury rules in Vinesh’s favour, the International Olympic Committee (IOC) will have to award a joint silver to the Indian wrestler.

Anyone who dares to file cases at the CAS, must be first exhausted by all the internal remedies available to him/her as outlined in the statutes or regulations of the relevant sports body.