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2000 Canoe / Canoë Other Dismissed English Ad hoc Procedure

Parties & Representatives

Arbitrators

President: Michael Beloff

Decision Information

Decision Date: September 25, 2000

Case Summary

The case centers on Angel Perez, a Cuban-born kayaker who defected to the United States in 1993 and became a U.S. citizen in 1999. Perez sought to compete for the U.S. in the 2000 Sydney Olympics, but the International Olympic Committee (IOC) initially denied his eligibility under Rule 46 of the Olympic Charter, which mandates a three-year waiting period for athletes changing nationality. The Cuban National Olympic Committee (NOC) opposed Perez's participation, refusing to waive the requirement. Perez first appealed to the Court of Arbitration for Sport (CAS) ad hoc Division, but his application was dismissed on September 13, 2000. He filed a second appeal (Perez No. 2) on September 17, supported by a letter from the U.S. Ambassador confirming his U.S. nationality for over three years. A hearing was held on September 18, where the Cuban NOC, though properly notified, did not attend. The CAS ruled in Perez's favor, allowing him to compete. The Cuban NOC later challenged the decision on September 24, arguing procedural violations, but the CAS upheld its ruling, noting the Cuban NOC had been given proper notice and chose not to participate. The Panel emphasized the need for swift resolution due to the Olympic schedule and the principle of res judicata, preventing repeated appeals unless exceptional circumstances exist. The Cuban NOC's attempt to present new evidence was rejected, as the Panel ruled it was estopped from disputing its status as a party to the original hearing. The proceedings were governed by CAS Arbitration Rules for the Sydney Olympics and Swiss law, with the Panel concluding the Cuban NOC had no grounds for appeal under the ad hoc rules. The decision reaffirmed Perez's eligibility, allowing him to compete despite the Cuban NOC's objections. The case underscores the complexities of nationality rules in international sports and the CAS's role in resolving disputes under tight deadlines, while also highlighting the importance of procedural fairness and finality in arbitration. The Cuban NOC's application was ultimately rejected, and Perez was permitted to participate in the kayak competition.

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