CAS hearing Highlights, Paris 2024 Olympics Vinesh Phogat disqualification Appeal: Parties have submitted everything, decision on August 13

All parties concerned have put forth whatever they had to submit. Now the wait is for the CAS to deliver it’s decision on 13th, Sportstar understands.

The arbitrator had asked all the parties to answer a set of questions and submit the answers to the same by 6 pm Paris time today, which is 9:30 pm IST. They have another 45 minutes or so to do the needful.

Here’s what the IOA said on August 10 regarding the verdict:

“Indian Olympic Association remained hopeful of a positive resolution of wrestler Vinesh Phogat’s application before the Ad hoc Division of the Court of Arbitration for Sport (CAS) against her failed weigh-in on the second day of her Women’s Wrestling 50kg competition in the Paris 2024 Olympic Games,” the IOA said in a release.

“Since the matter is sub-judice, IOA can only state that the Sole Arbitrator Dr. Annabelle Bennett AC SC (Australia) heard all parties applicant Vinesh Phogat, the respondents United World Wrestling and the International Olympic Committee as well as IOA as an interested party over three hours.”

Vinesh’s legal team has French lawyers Joelle Monlouis, Estelle Ivanova, Habbine Estelle Kim and Charles Amson who helped her and IOA during the filing of the application. They have been provided to her by the Paris Bar and are handling the case pro bono. 

In addition, senior counsels Harish Salve and Vidushpat Singhania have also been roped in to oversee the case. Salve served as the Solicitor General of India from 1999 to 2003. He also represented India before the International Court of Justice in the Kulbhushan Jadhav case.

This will be a historic judgement if the CAS rules in Vinesh’s favour. Her appeal is for the disqualification to be retracted and for a joint-silver to be awarded for her making the gold medal bout and following the rules. 

She made weight on the morning of the first day of the competition and ended up missing the weight on the second day by a whisker — a little over 100g. 

If CAS decides to rule in Vinesh’s favour, she will be awarded a joint-silver in the women’s 50kg freestyle category. This is unprecedented in wrestling. 

“No, if you ask in such a general way. But allow me to comment on this individual case. There the regulations of the international federation have to be followed and the international federation, United World Wrestling (UWW), was taking this decision.”

“Looking at the federation or anybody to take such a decision, when and where do you make the cut? Do you say with 100gms, we give it but with 102(gms), we don’t give it anymore?”

“What do you do then in sports where you have differences of one-thousandths of a second (in track events). Do you also then apply such deliberations?” he added.

“We should be more strict on that because we have a problem that you are living in this moment. The wrestlers are losing too much weight, and it’s not good for their health. Many have seen their interest at the moment, but they don’t see what happens in 20–30 years. We want athletes to compete in their natural weight. That’s the idea. This is when they make the best performances.” 

“Unfortunately, it’s a second case here. We had an Italian wrestler the previous day who didn’t make the weight, and she didn’t compete,” said Lalovic.

“If you allow this 100 grams, then you would be allowed 200 grams. There is no end.”

UWW chief Nenad Lalovic said Vinesh’s disappointment at being disqualified was understandable, but there was no scope for exception.

“We have to respect the rules. I’m so sad about what happened to her. She was overweight, even though by a small margin, but rules are rules. The weigh-in is public, and all the athletes are there. It’s impossible to let someone compete who doesn’t make the weight,” said Lalovic.

Sports law expert Vidushpat Singhania, who is now assisting the IOA on this case with CAS, had this to say about a negative verdict coming Vinesh’s way,

“Technically, you can appeal a decision of CAS in the Swiss courts. But your chances of success are very low because it has to be against public policy. The appeal can only be made on the grounds that a fair process was not followed, which is unlikely. Hence, one can assume that the CAS verdict is final.

The Court of Arbitration for Sport (CAS) has deferred Indian wrestler Vinesh Phogat’s appeal verdict to August 13. The reasoned order will be issued at a later date.

The hearing for Vinesh Phogat’s appeal against her disqualification from the women’s 50kg freestyle category happened on Friday. Vinesh attended the hearing virtually and arguments were presented by her team of legal representatives and representatives of the United World Wrestling, the second party in this case. 

While initial reports suggested an interim order would come the same day, no official communication came through. Vinesh has appealed to be awarded a joint-silver medal.

The CAS first deferred the decision until 6 p.m. local time on Saturday. Later, it decided to move the time limit further. Both parties have time until 6 p.m. (Paris time) on August 11 to present any additional documents before the Sole Arbitrator Dr. Annabelle Bennett AC SC (Australia).