The case of Anna Arzhanova v. Confédération Mondiale des Activités Subaquatiques (CMAS) centered on a dispute arising from Arzhanova's suspension as a member of the CMAS Board of Directors. Arzhanova, also the president of the Russian Underwater Federation, attended a CMAS Board meeting in February 2010 where financial documents were approved with remarks. She later contested the resolutions sent by the CMAS Secretary-General, arguing they misrepresented the Board's discussions and decisions, and requested corrections to ensure transparency. The Secretary-General accused her of defamation under Italian law, leading to a contentious exchange. Arzhanova denied any malicious intent, reiterating concerns about financial mismanagement and lack of oversight. The matter escalated, and on 9 April 2010, the CMAS President suspended Arzhanova as a precautionary measure, citing violations of the CMAS code of ethics, defamation, and attempts to destabilize CMAS governance.
Arzhanova challenged the suspension in the Civil Court of Rome, but her case was dismissed on procedural grounds. The CMAS Steering Board supported disciplinary action, preventing her from participating in the CMAS General Assembly. A disciplinary hearing later imposed a six-month suspension, with two months conditionally suspended. Arzhanova appealed, but the Commission of Appeal upheld the decision, citing her criticism of CMAS finances, legal actions in Rome, and an invalid proxy. The suspended sentence was revoked, enforcing the full suspension. Arzhanova then appealed to the Court of Arbitration for Sport (CAS), seeking to overturn the decision and requesting legal fee reimbursement.
The CAS ruled on several key issues. It confirmed its jurisdiction, as both parties recognized its authority. The appeal was deemed admissible, filed within the required timeframe. The applicable law was determined to be the CMAS Rules, supplemented by Italian law. The CAS addressed procedural concerns, including due process violations and the submission of an unsolicited report, but concluded its de novo review process rectified any deficiencies. On the merits, the CAS emphasized the principles of legality, predictability of sanctions, and proportionality. It found no clear link between Arzhanova's conduct and the severe sanctions imposed, noting the lack of specific rules for suspending Board members. The CAS scrutinized her emails, finding no malicious intent, and criticized the lack of prior warnings. It also deemed the sanction for the invalid proxy disproportionate, especially since similar actions by others were accepted.
The CAS underscored that Board members should be able to raise concerns without fear of immediate sanction and that individuals should not be penalized for seeking legal recourse when internal remedies are unavailable. It ultimately set aside the CMAS Commission of Appeal's decision, upholding Arzhanova's appeal and dismissing all other relief requests. The ruling reinforced the importance of fair treatment, proportionality, and good governance in sports organizations, affirming the protection of members' rights. The case highlighted the need for clear, predictable sanctions and the role of CAS in remedying procedural violations by sports bodies.