Benjamin Savšek, Olympic Committee of Slovenia Association of Sports Federations (OCSASF) v. International Canoe Federation (ICF)

At a glance

Parties

Benjamin Savšek (Slovenia) and the Olympic Committee of Slovenia Association of Sports Federations (OCSASF) v. International Canoe Federation (ICF); interested parties: IOC, Matej Banus, Slovak Olympic and Sports Committee, Slovak Canoe Federation

Case no.

CAS OG 24/019

Forum and rules

CAS ad hoc Division, Paris 2024 Olympic Games; CAS Arbitration Rules for the Olympic Games

Tribunal

Lars Hilliger (Sole Arbitrator)

Sector

Sport: canoe slalom

Outcome

Application dismissed. The 50-second penalty was a field of play decision, and the applicants did not prove arbitrariness or bad faith (operative part 11 August 2024; reasoned award 16 August 2024).

Amount

No monetary claim. No order as to costs.

The dispute

Benjamin Savšek, a Slovenian canoeist, competed in the Men's Canoe Slalom C1 Final at the 2024 Paris Olympic Games on 29 July 2024. He hit a post at Gate 5. Two gate judges called a 2-second penalty and two called a 50-second penalty. The Chief Judge decided on a 50-second penalty for an "intentional push" (Rule 10.9.2 of the ICF Canoe Slalom Competition Rules 2023-2024). This raised his time from 96.93 to 144.93 seconds, and he finished eleventh instead of third. Savšek and the Slovenian Olympic Committee argued that the decision fell within the exception to the field of play doctrine: it was arbitrary because no reasons were given, no enquiry was possible in a final, and he was not given the benefit of the doubt (Rule 10.13). They asked the CAS to restore the 2-second penalty and correct the standings. The ICF argued that the result was final, that the field of play doctrine barred review, that there was no evidence of bad faith or arbitrariness, and that the bronze medallist and the Slovak NOC should have been named as respondents.

Key holdings

1. The CAS ad hoc Division has jurisdiction under Rule 61.2 of the Olympic Charter and Article 1 of the CAS Ad hoc Rules, and the application is admissible. The field of play issue and standing to be sued go to the merits, not to admissibility. ¶¶ 27–34
2. The applicable law is the ICF rules and regulations, in particular the Competition Rules. Swiss law applies subsidiarily to fill any gaps. ¶ 38
3. The Chief Judge's decision is a field of play decision. Under Article 7.5.3 of the Competition Rules the Chief Judge is the final arbiter, and her call was the final decision where the gate judges disagreed, not an amendment of an earlier call. CAS will not overturn such a decision unless there is evidence that a rule was applied arbitrarily or in bad faith. ¶¶ 43–47
4. The applicants bear the burden of proving that the exception to the field of play doctrine applies, and they did not discharge it. The Chief Judge Report explains the reasons for the decision, and those reasons do not appear arbitrary. No rule cited by the applicants obliged the Chief Judge to give reasons. The lack of reasons and the absence of an enquiry procedure in finals are in line with the applicable rules. ¶¶ 48–54
5. The benefit-of-the-doubt argument fails. A difference of view among the gate judges does not by itself create doubt in applying the Competition Rules; otherwise the Chief Judge's role as final arbiter would be redundant. The Chief Judge did not refer to any doubt. ¶¶ 55–58
6. The application is dismissed as falling outside the scope of CAS review. The Sole Arbitrator did not need to decide whether the bronze medallist and the Slovak NOC should have been named as respondents. Under Article 22 of the CAS Ad hoc Rules there is no order as to costs. ¶¶ 59–63

Procedural history

1. 29 July 2024Men's Canoe Slalom C1 Final. The Chief Judge imposes a 50-second penalty on Savšek at Gate 5.
2. 3 August 2024The Slovenian Olympic Committee asks the ICF for an official report and an explanation of the judges' decisions.
3. 4 August 2024The ICF replies that a verbal explanation was given to the team leader and that the results are final.
4. 9 August 2024Application filed with the CAS ad hoc Division.
5. 10 August 2024Lars Hilliger is appointed Sole Arbitrator. The ICF files its answer; the IOC makes no substantive submission.
6. 11 August 2024No hearing is held. Operative part issued: application dismissed.
7. 16 August 2024Reasoned award issued.

Tribunal, counsel and experts

Decided by

• Lars Hilliger Sole arbitrator, CAS ad hoc Division

Run a conflict check on these names →

Keywords

• field of play doctrine
• canoe slalom
• Paris 2024 Olympic Games
• CAS ad hoc Division
• intentional push
• 50-second penalty
• Chief Judge
• benefit of the doubt
• arbitrariness
• bad faith
• burden of proof
• duty to give reasons
• enquiry procedure
• bronze medal
• standing to be sued
• ICF Canoe Slalom Competition Rules

Summary generated with AI from the published documents — refer to the award for the authoritative text.