The case involves an appeal filed by S. and L. (the appellants) with the Court of Arbitration for Sport (CAS) on 9th August 1995, challenging six decisions made by the Council of the Fédération Internationale de Ski (FIS) during its Congresses. These decisions altered participation quotas and financial obligations for competitors in alpine ski events. The appellants attached an arbitration agreement titled "Athletes declaration for an international (FIS) licence" to their complaint. However, this agreement only covered disputes related to athletes' personal liability during training or competitions under FIS direction, not the broader legislative decisions they were contesting.
The President of the Appeals Arbitration Division examined whether the CAS had jurisdiction to hear the case under the CAS Code. Article R47 of the Code allows appeals against decisions of a sports body's disciplinary tribunal or similar entity, provided the statutes or regulations permit such appeals or a specific arbitration agreement exists, and all prior legal remedies have been exhausted. The appellants' complaint implicitly challenged the validity of the FIS Council's decisions, which functioned as the federation's supreme authority between Congresses. Although such a complaint could be treated as an appeal, the arbitration agreement submitted by the appellants did not cover disputes of this nature.
Additionally, the appellants had not exhausted the legal remedies available under FIS statutes, which required appeals against Council decisions to be submitted to the Congress (Article 31.1 of FIS Statutes). Since arbitration relies on the parties' consent, and no valid agreement existed for this dispute, the President concluded that the CAS lacked jurisdiction. The order noted the absence of a valid arbitration agreement and declared that the CAS could not proceed with the appeal. The case was dismissed on these grounds.