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2008 Modern Pentathlon / Pentathlon moderne Eligibility Dismissed English Appeal Procedure

Arbitrators

President: Patrick Lafranchi

Decision Information

Decision Date: October 31, 2008

Case Summary

The case revolves around a dispute concerning the eligibility of Australian modern pentathlete Angela Darby to compete in the 2008 Olympic Games, initiated by the Hellenic Modern Pentathlon Federation (HMPF) on behalf of Greek athlete Donna Vakalis. The HMPF sought to replace Darby with Vakalis, arguing that Darby did not meet the qualification criteria. The Union Internationale de Pentathlon Moderne (UIPM), the Australian Olympic Committee (AOC), Modern Pentathlon Australia (MPA), and Darby herself were named as respondents. The UIPM Court of Arbitration initially ruled in favor of Darby, confirming her eligibility, prompting the HMPF to appeal to the Court of Arbitration for Sport (CAS).

The central issue was the interpretation of the 2008 Olympic Games Qualification Rules for modern pentathlon, which did not explicitly specify the timeframe or types of competitions required for eligibility scores. The UIPM Court determined that the eligibility period aligned with the qualification timeframe, starting from January 1, 2007, and that competitions must meet the standards of a UIPM-sanctioned event, as outlined in the Modern Pentathlon Competition Rules. The 2007 Open Australian Championships, where Darby achieved the required score of 4,800 points, was deemed valid under these rules, upholding her eligibility and dismissing the HMPF's claim.

The HMPF appealed to CAS, arguing that the UIPM Court's interpretation was flawed. CAS examined whether the 2007 Open Australian Championships qualified as an official UIPM event, noting that while it may not have fully complied with all formal requirements, it was listed in the UIPM calendar as an open event and supervised by a UIPM-appointed Technical Observer. The court found no evidence of fraud or inaccuracies in the observer's report, concluding the event was valid for eligibility purposes. Additionally, CAS confirmed Darby's qualification by winning the 2007 Oceania Championships in Tokyo, where she finished as the top Oceanian athlete, securing her position for the Australian NOC.

Ultimately, CAS upheld Darby's eligibility, rejecting the HMPF's appeal and rendering moot the question of Vakalis replacing Darby. The ruling emphasized the legitimacy of the 2007 Open Australian Championships and Darby's performance, ensuring her participation in the 2008 Olympics. The decision highlighted the complexities of Olympic qualification criteria and the role of sports arbitration in resolving disputes, underscoring the importance of established practice and the interpretation of ambiguous rules in sports governance. The case was definitively resolved, leaving no further recourse within the UIPM structure.

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