CAS 2017/A/5476 IBSF v. Alexander Tretiakov, Elena Nikitina, Mariia Orlova, Olga Potylitsyna, Ilvir Khuzin, Alexander Kasyanov (Kas'yanov / Kasjanov) & Aleksei Pushkarev
In November 2017, the Disciplinary Commission of the International Olympic Committee (IOC DC) issued decisions in which the above-named athletes were found to have committed anti-doping rule violations during the 2014 Sochi Winter Olympic Games. The athletes were disqualified from the events in which they participated at the Games and all medals won by them were forfeited. The athletes were also declared ineligible to participate in any capacity in all subsequent editions of the Olympic Games.
In December 2017, the IBSF Doping Hearing Panel issued decisions in which it ultimately decided not to impose provisional suspensions on the athletes while the IBSF conducted its own investigation into the matter. On 19 December 2017, the IBSF filed an appeal at CAS against such decisions, seeking the imposition of a provisional suspension on each of the seven athletes.
Further to an objection raised by the athletes regarding the jurisdiction of CAS and the admissibility of the appeal, the parties filed submissions on these issues. The President of the CAS Appeals Arbitration Division considered the parties’ submissions and has rendered an Order noting that CAS does not have jurisdiction to entertain the IBSF’s appeal while proceedings before the IBSF Doping Hearing Panel are still pending and also because no clear remedy is set out in the IBSF statutes and regulations to provide jurisdiction to CAS in such circumstances. In view of this finding, the CAS arbitration procedure has been terminated.
Therefore the President of the CAS Appeals Arbitration Division decides on 3 January 2018 that:
1.) The CAS has clearly no jurisdiction to entertain the appeal filed by the IBSF in the case CAS 2017/A/5476 The International Bobsleigh and Skeleton Federation v. Alexander Tretiakov, Elena Nikitina, Mariia Orlova, Olga Potylitsyna, Ilvir Khuzin, Alexander Kasyanov & Aleksei Pushkarev).
2.) Pursuant to Article R37 of the Code of Sports-related Arbitration, the procedure CAS 2017/A/5476 The International Bobsleigh and Skeleton Federation v. Alexander Tretiakov, Elena Nikitina, Mariia Orlova, Olga Potylitsyna, Ilvir Khuzin, Alexander Kasyanov & Aleksei Pushkarev) is terminated and removed from the CAS roll.
3.) The present Order is rendered without costs save for the Court Office fee of CHF 1,000 already paid by International Bobsleigh and Skeleton Federation and which is retained by the CAS.
