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2012 Boxing / Boxe Eligibility Dismissed English Ad hoc Procedure

Arbitrators

President: Massimo Coccia

Decision Information

Decision Date: July 26, 2012

Case Summary

The case centers on Joseph Ward, an 18-year-old Irish boxer who sought qualification for the 2012 London Olympic Games in the light heavyweight category. Ward failed to qualify through the World Series of Boxing Individual Championships, the AIBA Men’s World Boxing Championship, and the AIBA European Boxing Olympic Qualification Tournament. The Irish Amateur Boxing Association (IABA) protested refereeing decisions but received no formal rejection. Subsequently, IABA requested AIBA to consider Ward for inclusion under the tripartite selection quota. The Tripartite Commission, composed of the IOC, AIBA, and ANOC, allocated seven of eight available men’s slots, including one to Bosko Draskovic of Montenegro in the 81 kg category. The eighth slot, initially vacant, was returned to AIBA and allocated to a boxer in the 64 kg category. Ward’s legal team argued that the Tripartite Commission misinterpreted the rules by awarding the slot to Draskovic, as Montenegro’s delegation allegedly exceeded eligibility criteria. The IOC clarified that Montenegro’s delegation included only six individual athletes, excluding team quotas, making it eligible. Ward filed an application with the Court of Arbitration for Sport (CAS) ad hoc Division, seeking to annul Draskovic’s invitation and allocate the slot to him. He also alleged corrupt refereeing during the European Olympic Qualification Tournament, violating his personality rights. The CAS panel emphasized that appeals must be filed within 21 days of becoming aware of a decision and that rule interpretation should align with the rule maker’s intent. The Panel ruled it lacked jurisdiction over Ward’s corruption claims, focusing instead on the qualification process. It determined that the dispute arose on July 11, 2012, when Ward formally objected, outside the required period for the ad hoc Division’s jurisdiction. The Panel also found the appeal untimely, as Ward knew of his exclusion by June 28, 2012, and received a written explanation on July 2, 2012, but filed his appeal on July 24, 2012. The Panel interpreted the term "next best ranked athlete" in the AIBA Qualification System to refer to results at the 2011 AIBA Men’s World Boxing Championship, concluding that Ward’s 16th-place finish did not qualify him. It dismissed his application, noting that even if jurisdiction were established, the appeal would fail on its merits. The Panel also rejected Ward’s corruption allegations due to lack of evidence and procedural non-compliance, including an anonymous witness whose testimony was inadmissible. The ruling underscores the complexities of Olympic qualification processes, the importance of adhering to procedural timelines, and the need for precise terminology in regulatory frameworks to avoid ambiguity. Ultimately, the CAS ad hoc Division denied Ward’s application, upholding the Tripartite Commission’s decision.

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