The case centers on a dispute between the Azerbaijan National Olympic Committee (ANOC) and the Azerbaijan Field Hockey Federation (AFHF) against the International Hockey Federation (FIH) concerning the FIH's decision not to appeal a ruling by its Judicial Commission in a doping matter. The issue arose from the Women’s World Hockey Qualifier held in Baku, Azerbaijan, in April 2008, where the Spanish team qualified for the Olympic Games. Anti-doping tests revealed adverse findings for two Spanish players, but the FIH Judicial Commission ruled that one player committed a violation without fault or negligence, imposing no sanction, while the other was cleared. The FIH chose not to appeal this decision, leading ANOC and AFHF to challenge the FIH's discretion, arguing it was improper and discriminatory.
ANOC and AFHF initially filed an application with the Court of Arbitration for Sport (CAS) ad hoc Division, seeking to compel the FIH to appeal the Judicial Commission's decision. Their first application was dismissed due to lack of standing. They then requested a declaration that the FIH's decision not to appeal was improper and sought an order for the FIH to file an appeal. The CAS panel, composed of arbitrators from the USA, Switzerland, and Kenya, examined whether the FIH abused its discretion by not appealing. The panel rejected ANOC and AFHF's arguments, affirming that international federations have the discretion to accept their judicial bodies' decisions without appealing. The panel noted that the FIH's decision was not discriminatory, especially since other bodies like the World Anti-Doping Agency (WADA) and the International Olympic Committee (IOC) also chose not to appeal, further validating the FIH's stance.
The panel emphasized that the AFHF lacked standing to bring an appeal under the applicable rules and that the FIH's decision not to create an avenue for such an appeal was not an abuse of discretion. It also dismissed the request for preliminary relief, stating the applicants failed to show a likelihood of success on the merits. Additionally, the panel rejected the request to allow an extra team to participate in the Olympics, as there was no basis for such an order and no finding of a doping violation against the Spanish players. The panel further declined to hold a hearing to consider expert witness evidence, as it would not alter the conclusion that the FIH's decision was reasonable.
Ultimately, the CAS ad hoc Division dismissed the application and all requests for preliminary relief on 5 August 2008. The ruling reinforced the principle that sports federations retain discretion in handling doping cases, provided their actions are reasonable and non-discriminatory, and highlighted the limited standing of federations in challenging such decisions. The case underscores the importance of discretion in anti-doping appeals and the deference given to federations in these matters.