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2010 Skeleton Eligibility Dismissed English Ad hoc Procedure

Parties & Representatives

Appellant Representative: Julianne Abernathy
Respondent Representative: Christophe Dubi; André Sabbah

Arbitrators

President: David Grace

Decision Information

Decision Date: February 12, 2010

Case Summary

The case centers on a dispute between the Virgin Islands Olympic Committee (VIOC) and the International Olympic Committee (IOC) concerning the reallocation of an unused quota position from the men's skeleton competition to the women's event for the 2010 Vancouver Winter Olympics. The VIOC sought to enable Alexa Putnam, a female skeleton athlete, to compete by utilizing one of the two unfilled men's quota positions. The VIOC based its argument on the FIBT Qualification System for the 2010 Games and referenced a precedent from the 2006 Torino Winter Olympics, where a similar transfer had occurred in the luge event. However, the IOC rejected the request, prompting the VIOC to appeal to the Court of Arbitration for Sport (CAS) ad hoc Division.

The FIBT Qualification System, developed in collaboration with the IOC, established separate quotas for men (30 athletes) and women (20 athletes) in skeleton, with no provision for transferring unused positions between events. The system detailed reallocation procedures for unused quotas, prioritizing non-represented continents and highest-ranked athletes, but explicitly limited reallocation within the same event (men's or women's) without allowing cross-event transfers. The VIOC argued that since only 28 of the 30 men's positions were filled, the women's quota should be increased to 21, allowing Putnam to participate. However, the Qualification System did not support this interpretation, as it treated men's and women's events as distinct and did not permit bundling or transferring quotas between them.

The CAS panel, applying standard principles of legal interpretation, examined the ordinary meaning of the Qualification System's wording and concluded that the document clearly differentiated between men's and women's competitions. The panel found no basis for transferring unused men's quotas to the women's event, as the system's reallocation provisions were event-specific. The panel also noted that the 2006 luge precedent cited by the VIOC was not binding, as it involved a different sport with its own qualification rules. Additionally, the panel dismissed the VIOC's argument of legitimate expectation, as communications with the International Bobsleigh and Skeleton Federation (FIBT) did not establish a binding commitment to allow such a transfer.

Ultimately, the CAS upheld the IOC's decision, ruling that the Qualification System did not permit the reallocation of unused men's skeleton quotas to the women's competition. The decision emphasized the importance of adhering to the clear terms of the Qualification System and the separate treatment of men's and women's events in skeleton. The panel also underscored the limitations on judicial intervention in regulatory matters, rejecting the VIOC's application and denying all further requests for relief. The ruling reaffirmed the necessity of strict compliance with established qualification rules in Olympic sports.

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