You've trained for years, and overcome countless obstacles to earn your spot on the Olympic team. Then, just days before your event, you receive notice that your eligibility is being challenged. The competition you've worked toward your entire life hangs in the balance, and you need answers fast.
The Court of Arbitration for Sport established the Ad Hoc Division specifically to handle disputes that arise during the Olympic Games—providing rapid resolution within 24 hours of filing while standard CAS proceedings can take months. The tribunal operates on-site at each Olympic Games with experienced arbitrators available throughout the event period, addressing questions about athlete eligibility, qualification criteria, selection decisions, and disciplinary actions while working around the clock to ensure athletes receive fair hearings without missing their competitions.
Common Types of Olympic Eligibility Disputes
Eligibility disputes before the CAS Ad Hoc Division can arise from several different issues that threaten an athlete's ability to compete. At Global Sports Advocates, our team works with athletes in need of representation in CAS Ad Hoc disputes related to:
- Nationality and citizenship requirements. The Olympic Charter requires that athletes compete for the country of which they are nationals, but situations involving dual citizenship, recent naturalization, or changes in national affiliation can create questions about eligibility.
- Anti-doping rule violations. An athlete might receive notification of an adverse analytical finding just before their event, or a provisional suspension might be imposed that prevents them from competing. The Ad Hoc Division can review whether proper procedures were followed, whether the athlete should be granted a hearing before being suspended, and whether any chance for a No Fault exists that would allow the athlete to compete.
- Age restrictions. Boxing, for example, has minimum age requirements that vary by gender, while weightlifting, wrestling, and other sports may impose age limits for specific categories. Disputes can arise when documentation about an athlete's birth date is questioned or when developmental programs have different age cutoffs.
- Selection criteria disputes. National Olympic Committees have discretion in selecting team members, but they must follow their own published criteria. When an athlete can demonstrate that the selection process violated established rules or was applied inconsistently, the Ad Hoc Division can provide recourse.
The Ad Hoc Division Filing Process
The dispute must arise after the date the Ad Hoc Division opens and before the Games end (when the torch is extinguished).
Filing a claim with the Ad Hoc Division begins with submitting a written statement to the CAS Ad Hoc Division office at the Olympic venue. This statement must clearly identify the decision being challenged, the grounds for the claim, and the relief being sought, along with all relevant documentation such as qualification results, medical records, or correspondence with sports federations.
Upon receiving the claim, the division notifies the Respondent (typically the International Olympic Committee, an International Federation, or a National Olympic Committee) and provides them an opportunity to respond within hours. A panel of one or three arbitrators is appointed from the list of CAS arbitrators designated for the Ad Hoc Division. Hearings are scheduled within 24 hours of filing, with both sides given an opportunity to present evidence and arguments.
Athletes have the right to legal representation during Ad Hoc Division proceedings. Given the compressed timeline, having an attorney familiar with CAS procedures and Olympic regulations provides a significant advantage in gathering evidence, preparing witness testimony, and presenting persuasive arguments within the limited time available.
What Happens During an Ad Hoc Division Hearing?
The hearing follows a structured process designed to ensure fairness while respecting the urgent timeline athletes face during the Olympic Games.
- Opening procedures and athlete presentation. The arbitrators confirm their authority to hear the case and ensure all parties understand the process before the athlete (or their representative) presents their case, explaining why the challenged decision is incorrect or unfair. This presentation includes both factual evidence and legal arguments based on Olympic rules, international sports regulations, and principles of fairness.
- Witness testimony. Coaches, team officials, medical professionals, or technical experts might testify about qualification performances, medical conditions, or other relevant facts that support the athlete's position. The Ad Hoc Division can hear testimony in-person, by video conference, or through written statements.
- Respondent's defense. The Respondent presents its defense, explaining why the challenged decision should be upheld and why the athlete's challenge lacks merit. The Respondent might present evidence showing that the athlete did not meet eligibility criteria, that proper procedures were followed, or that the decision falls within the discretion granted to sports organizations.
- Cross-examination and arbitrator questions. Both sides can question witnesses and challenge evidence presented by the other party to test the credibility and reliability of the testimony. Arbitrators can also ask questions to clarify facts, understand technical aspects of the sport, or explore legal precedents.
- Deliberation and decision. The arbitrators deliberate and issue a decision after hearing all evidence and arguments, with the Ad Hoc Division aiming to issue awards within 24 hours of the hearing. The decision includes findings of fact, legal reasoning, and the specific relief granted or denied.
