MARATHON SWIMMING: THE APPEAL OF AURELIE MULLER IS DISMISSED

The ad hoc Division of the Court of Arbitration for Sport (CAS) at  the Olympic Games Rio 2016 rejected the appeal of the French swimmer Aurélie Müller who  challenged her disqualification from the 10km-race by the International Swimming Federation (FINA)
on 15 August 2016, following an incident at the end of the race.

The CAS Panel in charge of this matter retained jurisdiction but rejected the appeal. It has considered  that the dispute was related to a “field-of-play decision” which, according to long standing CAS  jurisprudence, is unable to be reviewed by CAS except in the event that there has been arbitrariness or bad faith in arriving at such decision, which was not proven in the present case.

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