The competent governing body of the International Body Building Federation imposes a suspension against a Bahamian Athlete for having committed an anti-doping rule violation. The Bahamian Athlete challenges this sanction before the Court of Arbitration for Sport (CAS). The International Body Building Federation is of the view that the power of the CAS panel to review the sanction is limited and that the sanction can only be challenged if it is arbitrary. During the proceedings before CAS, the International Body Building Federation nominates an arbitrator (Mr. Overton) who recently made very negative public remarks about athletes from the Bahamas. In recent Instagram posts, Mr. Overton. stated that all athletes from Bahamas are "probably cheaters" and that "it is known that in the Bahamas, every athlete takes doping". The Bahamian Athlete is not successful, Mr. Overton. remains as arbitrator in this case. The CAS panel is formally constituted, the CAS proceedings continue, and a CAS Award is ultimately rendered, confirming the sanction against the Bahamian Athlete. The Bahamian Athlete only finds out about the mentioned Instagram posts four months after CAS already rendered its Award, which confirmed the sanction against the Bahamian Athlete. The Bahamian Athlete is surprised, but he realizes that a simple Internet search at the time of the CAS proceedings would have already revealed this information, because the attitude of the arbitrator concerned was widely known at the time and even reported in the press. Questions: 1. Applying your knowledge of the workings of the CAS, what are your views on this assumption of the International Body Building Federation? 2. The Bahamian Athlete wishes to prevent Mr. Overton’s. involvement in this case before CAS. What steps can he take under the CAS-Code and how will the issue regarding involvement of Mr. Overton. be decided? 3. Does the Bahamian Athlete have further legal remedies to challenge the involvement of the arbitrator and/or the CAS Award, and how would you assess his chances of success? Provide clear justification for your answer. 4. After subsequently finding out about the Instagram post, does the Bahamian Athlete have a possibility to challenge the CAS Award and if so, on what grounds? How would you assess his chances of success?
The competent governing body of the International Body Building Federation imposes a suspension against a Bahamian Athlete for having committed an anti-doping rule violation. The Bahamian Athlete challenges this sanction before the Court of Arbitration for Sport (CAS). The International Body Building Federation is of the view that the power of the CAS panel to review the sanction is limited and that the sanction can only be challenged if it is arbitrary.
During the proceedings before CAS, the International Body Building Federation nominates an arbitrator (Mr. Overton) who recently made very negative public remarks about athletes from the Bahamas. In recent Instagram posts, Mr. Overton. stated that all athletes from Bahamas are "probably cheaters" and that "it is known that in the Bahamas, every athlete takes doping".
The Bahamian Athlete is not successful, Mr. Overton. remains as arbitrator in this case. The CAS panel is formally constituted, the CAS proceedings continue, and a CAS Award is ultimately rendered, confirming the sanction against the Bahamian Athlete.
The Bahamian Athlete only finds out about the mentioned Instagram posts four months after CAS already rendered its Award, which confirmed the sanction against the Bahamian Athlete. The Bahamian Athlete is surprised, but he realizes that a simple Internet search at the time of the CAS proceedings would have already revealed this information, because the attitude of the arbitrator concerned was widely known at the time and even reported in the press.
Questions:
1. Applying your knowledge of the workings of the CAS, what are your views on this assumption of the International Body Building Federation?
2. The Bahamian Athlete wishes to prevent Mr. Overton’s. involvement in this case before CAS. What steps can he take under the CAS-Code and how will the issue regarding involvement of Mr. Overton. be decided?
3. Does the Bahamian Athlete have further legal remedies to challenge the involvement of the arbitrator and/or the CAS Award, and how would you assess his chances of success? Provide clear justification for your answer.
4. After subsequently finding out about the Instagram post, does the Bahamian Athlete have a possibility to challenge the CAS Award and if so, on what grounds? How would you assess his chances of success?
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4. After subsequently finding out about the Instagram post, does the Bahamian Athlete have a possibility to challenge the CAS Award and if so, on what grounds? How would you assess his chances of success?
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