The case involves a dispute between USA Badminton (USAB) and the United States Olympic Committee (USOC) against the Badminton World Federation (BWF) concerning the qualification rules for the 2008 Beijing Olympics. The central issue revolved around the interpretation of the BWF Olympic Qualifying Regulations, specifically clauses 3.3.4 and 3.3.8, which govern the allocation of spots for badminton pairs. USAB argued that their men’s doubles team, Howard Bach and Bob Malaythong, qualified under clause 3.3.4 based on their rankings, while the BWF maintained that continental representation rules (clause 3.3.8) took precedence, limiting the US to two pairs. The BWF initially invited three US pairs but later reversed its decision, citing the continental rule. USAB appealed to the BWF Appeals Committee, which upheld the BWF’s interpretation, stating the regulations were clear and had been properly communicated.
USAB and USOC then escalated the matter to the Court of Arbitration for Sport (CAS), filing an appeal on July 11, 2008. The parties agreed to an expedited procedure without a hearing, aiming for a decision by July 23, 2008, the deadline for Olympic qualifications. The CAS Panel confirmed its jurisdiction, as neither party disputed it, and examined whether the BWF had correctly applied its regulations. The Panel emphasized that the qualification system balanced competitive merit with global representation, ensuring diversity across continental confederations. It ruled that the US pair qualified under clause 3.3.8 as the highest-ranked Pan American team, regardless of the counting system applied, and upheld the BWF’s decision to limit the US to two pairs under clause 3.3.9. The Panel also declined to interpret the phrase "in turn" in clauses 3.3.2 to 3.3.4, leaving it to the BWF and its member federations to clarify for future events.
Ultimately, the CAS dismissed the appeal, affirming the BWF Appeals Committee’s decision and reinforcing the BWF’s authority to enforce its regulations uniformly. The ruling confirmed that USAB and USOC would participate in the Men’s and Women’s Doubles events with their representatives as determined by the BWF. The case highlighted the complexities of interpreting sports qualification rules and the balance between competitive rankings and continental representation in Olympic participation. The decision underscored the importance of adhering to the hierarchical structure of qualification criteria, ensuring fairness and transparency in the process. The CAS award, finalized on July 23, 2008, concluded the dispute, leaving no further recourse for USAB and USOC.