Apr 6, 2022 4 min read

CAS provides update on Russian proceedings: Stays denied and long waits ahead

Russian sporting authorities are battling to make any progress in overturning mass exclusions of their athletes from world sports competitions due to the Ukrainian conflict, as an update provided by the Court of Arbitration for Sport ('CAS') demonstrates the extent of proceedings and workload the Russian applications will bring to the Court.

It is now revealed that no less than ten applications have been filed by Russian federations, including in football, Olympics, ice skating, biathlon, rowing, rugby union and gymnastics, with the CAS providing brief updates on each matter.

World Football

As previously reported in March, the President of the Appeals Arbitration Division of the Court denied the Football Union of Russia ('FUR') petition to stay the UEFA Executive Committee's decision to ban them on 28 February 2022. The FUR was seeking that appealed decision be stayed for the duration of the CAS proceedings.

A short time later, confirmation was received that the Appeals President also denied the FUR stay request in relation to FIFA's similar decision to bar Russia from international competition, including qualifying for the men's World Cup.

The CAS has promised both reasoned decisions of the Appeals President will be published on their website later this week.

The CAS added in the media release that both substantial proceedings are in the process of appointing an arbitration panel, and still no procedural calendar has been set, suggesting a long wait for the Russian athletes and administrators involved.

As to the Russian applications listing the Polish, Swedish and Czech Football Associations as respondents- a reference to those countries' associations refusing to play against Russia, including the last stages of the World Cup qualifying. The FUR informed the CAS Court Office on 30 March 2022 that they wished to withdraw that application. CAS confirmed the procedure would be formally terminated shortly.

Winter sports

The Russian Olympic Committee ('ROC') filed an appeal over the 2 March decision to prevent Russian athletes from competing in March's Winter European Youth Olympic Festival. Initially, the Court said the ROC had not filed a request for provisional measures; however, it has been confirmed the ROC later did request a stay allowing their athletes to compete in the event that finished late last month.

However, CAS confirmed that on 18 March 2022, the CAS Appeals President rejected the ROC’s request to stay the execution of the EOC Executive Committee’s decision. A panel of arbitrators is currently being put in place, CAS added. However, as the competition is completed, there is little practical outcome those proceedings can achieve.

Russia's ice-skating Federation and Union as well as four individual Russian speed skaters all filed a CAS appeal in response to the International Skating Union mandate on 1 March 2022 that would prevent all Russian skaters from competing in international ice-skating competitions. The panel of arbitrators is currently being constituted and no other updates have been made available.

In biathlon, a similar appeal was lodged based on the 2 March decision to ban Russian competitors. Subsequently, both the Russian and Belarus national federations have been suspended from the sport. CAS said that at the request of the Russian Biathlon Union, the CAS proceedings are currently suspended. The Union has not provided any further comment as to why they sought to suspend those proceedings.

Rowing, rugby and gymnastics

The CAS confirmed two applications were filed by each of the rowing and rugby union federations of Russia. Both seek the annulment of the blanket bans imposed by the respective sports federations and immediate reinstatement of their teams. The CAS Registry is currently preparing a timetable for both proceedings.

In Gymnastics, two separate procedures have been created in the CAS for an appeal taken by three Russian gymnasts, a gymnastics judge and a technical official. The appeal is against the Executive Committee of European Gymnastics decision not to allow athletes, officials and judges from the Russian Gymnastics Federation to participate in any global or European Gymnastics events until further notice.

The judges and athletes seek the annulment of those decisions and immediate reinstatement in all sanctioned events. No procedural timetable has yet been provided.

CAS Media Release (5 April 2022)

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