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2015 Taekwondo Contractual litigations Dismissed English Appeal Procedure

Parties & Representatives

Appellant: Nur Cemre Kaymak
Appellant Representative: Esma Irmak Basol

Arbitrators

President: Luc Argand

Decision Information

Decision Date: December 10, 2015

Case Summary

The case involves a dispute between Turkish taekwondo athlete Nur Cemre Kaymak and the Azerbaijan Taekwondo Federation (ATF) and the World Taekwondo Federation (WTF), which was brought before the Court of Arbitration for Sport (CAS). The conflict stemmed from an employment contract signed in 2013 between Kaymak and the ATF, which outlined financial obligations, training requirements, and other terms. Disagreements arose in 2014 when the ATF failed to fulfill certain contractual obligations, such as covering school and housing fees, citing Kaymak's disqualification in a senior selection event. Kaymak argued the contract remained valid as it was never formally terminated and filed a breach of contract claim with the WTF. The WTF declined jurisdiction, stating contractual disputes between athletes and national federations fall outside its purview, as per its Dispute Resolution Bylaws. Kaymak appealed internally, but the WTF upheld its decision, prompting her to take the case to CAS.

The CAS panel examined the matter and concluded the WTF lacked authority to adjudicate contractual disputes unless they involved WTF-related issues or discrimination under its Code of Ethics or Olympic Charter principles. The panel found no evidence of discrimination or justified financial claims, noting that Kaymak's exclusion from events was due to performance issues and her participation under Turkish nationality, not discriminatory practices. The panel also dismissed Kaymak's financial claims, including unpaid fees, medical costs, and moral damages, due to lack of evidence or contractual basis. The ATF maintained it had fulfilled its obligations during the contract period and argued Kaymak's poor performance and breach of contract justified their actions.

Kaymak also sought to annul a three-year transition period preventing her from competing for another national federation, a rule under the Olympic Charter and WTF Competition Rules. The panel upheld this requirement, stating any reduction would need approval from relevant National Olympic Committees, which were not part of the proceedings. Additionally, her request for a Kukkiwon diploma was dismissed, as the WTF and CAS had no jurisdiction over the issuing organization.

The CAS ultimately upheld the WTF's decision, affirming its lack of authority over the contractual dispute and dismissing all of Kaymak's claims. The ruling emphasized the need for such disputes to be resolved through appropriate legal channels rather than within the WTF's framework. The case highlights the complexities of athlete-federation contracts and the limitations of international sports bodies in resolving contractual and national legal matters.

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