Factual Background : This claim arose out of a decision rendered on 30 September 2014 by the International Jury of Appeal constituted under the International Wrestling Rules of the United World Wrestling (the “UWW” or “Respondent”) which was formerly called International Federation of Associated Wrestling Styles, popularly known as FILA, its French acronym. The Jury determined that Iranian athlete Mr Saeed Abdevali (the “Athlete” or the “Applicant”) who participated in the 71 kg. Greco-Roman wrestling event during the XVII Asian Games had lost the match.
- An Ad Hoc Division of the Court of Arbitration for Sport (“CAS”) has been established for the XVII Asian Games in Incheon. The purpose of this ad hoc division, generally, is to hear any dispute on an urgent and timely basis that falls within the ambit of the CAS Arbitration Rules for the XVII Asian Games in Incheon (“CAS Ad Hoc Rules”) taking place from 19 September 2014 to 4 October 2014.
- On 2 October 2014 at 16.05 hrs, the Applicant filed his appeal, including an Application Form and one exhibit by e-mail in accordance with Article 10 of the CAS Ad Hoc Rules (the “Application”), which was duly received by the CAS ad hoc Division. 1.5. In his Application, the Applicant sought the following relief: A. Rematch the semi-final and final. B. Reconsider the records of athlete in UWW Ranking. C. Sanction the person who has violated the rules and changed results. D. Compensate the bonus the athlete could receive from the Government.
- That same day – 2 October 2014 – the ad hoc Division acknowledged receipt of the Applicant’s appeal and informed the Respondent accordingly by telephone and email. The parties were then called to a hearing on 3 October 2014 at 10.30hrs.
- Pursuant to Article 15 of the CAS Ad Hoc Rules, the President of the ad hoc Division, Mr. Michael Hwang SC, appointed Mr Vinayak Pradhan (Malaysia) (President of the Panel), Mr. Bruce Collins (Australia), and Mr. Chi Liu (China) as arbitrators to hear the present dispute.
- On 3 October 2014 at 11.00hrs, the Applicant assembled at the CAS Ad Hoc Division hearing room for a hearing on the Applicant’s appeal.
Jurisdiction of the Ad Hoc Panel
The CAS Ad Hoc Rules concerning the jurisdiction of the Panel at the Asian Games provide as follows:
Article 1 : Application of the Present Rules and Jurisdiction of the Court of Arbitration for Sport (CAS) The purpose of the present Rules is to provide, in the interests of the athletes and of sport, for the resolution by arbitration of any disputes covered by Article 34 of the Constitution of the Olympic Council of Asia, insofar as they arise in the host country of the Asian Games (the “Asiad”) between 15 September 2014 and 4 October 2014.
Article 2 : Ad hoc Division For the period fixed in Article 1, the ICAS shall establish an ad hoc Division of the CAS (hereinafter the “ad hoc Division”), the function of which is to provide for the resolution by arbitration of the disputes covered by Article 1 by means of Panels set up in accordance with the present Rules. The ad hoc Division consists of arbitrators appearing on a special list, a President and a Court Office.
DECISION : The application filed by Mr Saeed Abdevali on 2 October 2014 was dismissed.
FULL TEXT : Saeed Abdevali v. United World Wrestling