Sbaity v Lebanese Athletics Federation

The Claimant, Ms Aziza Sbaity, sought to bring claims against the Respondent, the Lebanese Athletics Federation (“LAF”), for damage allegedly caused to her as a result of her non-selection to represent Lebanon in the 2024 Olympic Games. The LAF’s position was that the Claimant was not the best ranked Lebanese athlete and so not was entitled to selection pursuant to the LAF’s selection policy, but in any case that CAS lacked jurisdiction to hear the claims. The LAF therefore successfully sought bifurcation on the preliminary issue of jurisdiction.

The Claimant sought to rely on Rule 61.2 of the Olympic Charter as establishing jurisdiction. That Rule provides that “[a]ny dispute arising on the occasion of, or in connection with, the Olympic Games shall be submitted exclusively to the Court of Arbitration for Sport, in accordance with the Code of Sports-Related Arbitration”.

The Sole Arbitrator (Philippe Sands KC) considered the scope ratione personae of Rule 61.2. He held that the CAS lacked jurisdiction to hear the Claimant’s case. He reasoned that the fact that the Claimant was a member of the LAF, and that the LAF was in turn bound by the Olympic Charter, was not a sufficient basis to permit the Claimant to initiate CAS proceedings under Rule 61.2 (at §59). The Claimant’s case was distinguished from previous decisions given by CAS Ad Hoc divisions, which had concerned the immediate participation of athletes in upcoming or ongoing Olympic Games, rather than claims for compensation caused by allegedly unfair selection processes (at §61).

Rowan Stennett acted as sole counsel for the successful Respondent, instructed by Peter Nunn at Mishcon de Reya LLP.

The decision may be found here.