On February 14, 2002, the Canadian Olympic Association (COA) sought preliminary relief from the Court of Arbitration for Sport (CAS) ad hoc Division during the Salt Lake City Winter Olympics. The request followed the controversial judging in the Pairs Figure Skating competition on February 11, 2002, which involved allegations of impropriety and undue pressure on judges. The COA aimed to compel certain judges to testify before CAS and secure subpoenas from the U.S. Court to ensure their attendance. Additionally, the COA sought substantive relief, specifically a gold medal for the Canadian pair Salé/Pelletier.
The CAS panel, composed of Peter Leaver, Hans Nater, and Massimo Coccia, confirmed its jurisdiction under the CAS Arbitration Rules for the XIX Olympic Winter Games, citing Rule 74 of the Olympic Charter and the Entry Form signed by participants. The panel applied Article 14 of the CAS ad hoc Rules, which allows for preliminary relief to prevent irreparable harm, considers the likelihood of success on the merits, and balances the interests of the parties. Given the urgency—with one judge already departed and others potentially leaving—the panel found that immediate action was necessary to preserve evidence. The panel also noted the impending review by the Respondent’s Council by February 18, 2002, further justifying the need for swift measures.
The panel issued an ex parte order under Article 183 of the Swiss Act on Private International Law, permitting provisional measures without a full hearing due to the urgency. The order required the International Skating Union (ISU) to ensure the judges remained in Salt Lake City until 24 hours after the ISU Council’s decision or, if an application was filed within that period, until its resolution. The panel also summoned the judges to testify and bring relevant documents but deferred any substantive ruling until the COA exhausted its legal remedies under ISU rules.
A follow-up inter partes hearing was scheduled for February 15, 2002, allowing the ISU and other parties to present their arguments. The panel clarified that its decision did not reflect an opinion on the case’s merits but aimed to preserve evidence and ensure fairness. The orders included directives for the ISU to notify the judges and use its best efforts to secure their cooperation. The panel reserved the right to modify or vacate its decision after the hearing.
The document also outlined procedural directives, specifying that the Respondent’s Council’s decision would stand unless an application was made within 24 hours, in which case the application’s outcome would take precedence. It summoned the named individuals to appear as witnesses with relevant evidence and required the Respondent to promptly serve the order to them. The inter partes hearing was set for February 15, 2002, allowing all parties to present their arguments. The summary highlights the procedural and legal considerations in the COA’s request, emphasizing the urgency and jurisdictional basis for the panel’s actions to preserve evidence and ensure a fair resolution.