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2011 Boxing / Boxe Disciplinary Upheld English Appeal Procedure

Parties & Representatives

Respondent Representative: Afshin Salamian

Arbitrators

President: Michael Geistlinger

Decision Information

Decision Date: January 10, 2012

Case Summary

The case involves a dispute between the Romanian Boxing Federation (FRB) and the International Boxing Association (AIBA) over AIBA's decision to suspend and later exclude the FRB from membership. The conflict arose when AIBA demanded that the FRB hold new elections for its presidency following the suspension of its president, Mr. Rudel Obreja, due to disciplinary violations. AIBA argued that a suspended president could not continue in office and set a two-month deadline for new elections, which the FRB failed to meet. Consequently, AIBA imposed a provisional suspension on the FRB, barring its athletes and officials from participating in AIBA events. The FRB contested this decision, asserting that it had complied with its own statutes by transferring presidential powers to another official and later re-electing Mr. Obreja during an extraordinary general assembly. The FRB also claimed that AIBA's demands were unreasonable and violated principles of good governance.

The FRB appealed to the Court of Arbitration for Sport (CAS), arguing that AIBA's actions lacked legal basis and that it had exhausted all internal remedies. The CAS panel ruled in favor of the FRB, finding that AIBA's demand for new elections was unjustified and that the suspension violated procedural fairness. The panel emphasized that AIBA's statutes did not explicitly require new elections and that the imposed deadline conflicted with the FRB's own statutory requirements. The case highlighted the tension between national federations and international governing bodies, with the FRB accusing AIBA of overreach and bad faith. AIBA, however, maintained that the FRB's failure to comply with its directives warranted exclusion, citing violations of its statutes and principles.

The dispute escalated when AIBA's Executive Committee excluded the FRB from membership, a decision later ratified by the AIBA Congress. The FRB challenged this exclusion, arguing that it was based on the same grounds as the earlier suspension, violating the principle of non bis in idem (no double jeopardy). The CAS panel ultimately ruled that AIBA's exclusion decision was unjustified, as there was no evidence of severe violations by the FRB. The panel noted that the FRB's elections had occurred before the relevant AIBA statutes came into force, making AIBA's demands inapplicable. The panel also criticized AIBA for setting unrealistic deadlines and failing to provide proper justification for its actions.

The CAS decision underscored the importance of adhering to procedural fairness and the exhaustion of internal remedies before escalating disputes to arbitration. It also highlighted the need for international federations to act within their legal authority and avoid imposing unreasonable demands on member federations. The ruling reinstated the FRB's membership and set aside AIBA's exclusion decision, emphasizing that the AIBA Congress's ratification was contingent on the CAS's final judgment. The case demonstrates the complexities of governance in international sports organizations and the role of arbitration in resolving such conflicts. The CAS's decision reaffirmed the FRB's right to remain a member of AIBA and dismissed all other claims, bringing the dispute to a close.

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