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  • CAS Does Not Have Jurisdiction to Entertain the Appeal Filed by the IBSF


    01/04/18

    Lausanne, 4 January 2018 – The Court of Arbitration for Sport (CAS) has issued an Order on request
    for provisional measures declaring that it does not have jurisdiction to entertain the appeal filed by the
    International Bobsleigh and Skeleton Federation (IBSF) against the Russian athletes Alexander
    Tretiakov (skeleton), Elena Nikitina (skeleton), Mariia Orlova (skeleton), Olga Potylitsyna (skeleton),
    Ilvir Khuzin (bobsleigh), Alexander Kasyanov (bobsleigh) and Aleksei Pushkarev (bobsleigh).

    Accordingly, the CAS arbitration procedure has been terminated.

    In November 2017, the Disciplinary Commission of the International Olympic Committee (IOC DC)
    issued decisions in which the above-named athletes were found to have committed anti-doping rule
    violations during the 2014 Sochi Winter Olympic Games. The athletes were disqualified from the
    events in which they participated at the Games and all medals won by them were forfeited. The athletes
    were also declared ineligible to participate in any capacity in all subsequent editions of the Olympic
    Games.

    In December 2017, the IBSF Doping Hearing Panel issued decisions in which it ultimately decided
    not to impose provisional suspensions on the athletes while the IBSF conducted its own investigation
    into the matter. On 19 December 2017, the IBSF filed an appeal at CAS against such decisions, seeking
    the imposition of a provisional suspension on each of the seven athletes.

    Further to an objection raised by the athletes regarding the jurisdiction of CAS and the admissibility
    of the appeal, the parties filed submissions on these issues. The President of the CAS Appeals
    Arbitration Division considered the parties’ submissions and has rendered an Order noting that CAS
    does not have jurisdiction to entertain the IBSF’s appeal while proceedings before the IBSF Doping
    Hearing Panel are still pending and also because no clear remedy is set out in the IBSF statutes and
    regulations to provide jurisdiction to CAS in such circumstances. In view of this finding, the CAS
    arbitration procedure has been terminated.

    For further information related to the CAS activity and procedures in general, please contact either Matthieu Reeb, CAS Secretary General, or Katy Hogg, Communications Officer. Château de Béthusy, Avenue de Beaumont 2, 1012 Lausanne, Switzerland.

    media@tas-cas.org; Tel: (41 21) 613 50 00; fax: (41 21) 613 50 01, or consult the CAS website: www.tas-cas.org

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