Getting to the games: the Olympic selection drama(s) at the court of arbitration for sport

Abstract

For many athletes around the world there is just one sporting competition that truly matters: the Olympic Games. Unfortunately, the available spots are scarce. In many sports it does not suffice to be second, you need to be the best amongst your countrymen. It is obvious that the decision to let someone go or not to the Games is a fruitful source of disputes. In the present article, I focus on the role of the Court of Arbitration for Sport (CAS) in resolving selection disputes. The ambition is to provide a practical guide for the disputes ahead and to showcase the CAS as a useful avenue to resolve them. While there is some literature on the case law of national courts, the work of the CAS on selection disputes remains largely unchartered. I will first introduce the selection system in vigour at the Olympic Games, highlighting the various responsibilities of the relevant Sports Governing Bodies (SGBs). Thereafter, I will show under which conditions the CAS is susceptible to be seized with this type of disputes. Finally, I aim to provide a comprehensive overview of the jurisprudence of the CAS in selection disputes.