Cook Islands Aquatics Federation (CIAF), Cook Islands Sports and National Olympic Committee (CISNOC) v. World Aquatics

At a glance

Parties

Cook Islands Aquatics Federation (CIAF) and Cook Islands Sports and National Olympic Committee (CISNOC) v. World Aquatics; Interested Parties: IOC and Wesley Tikiairki Roberts

Case no.

CAS OG 24/002

Forum and rules

CAS ad hoc Division (Olympic Games Paris 2024); CAS Arbitration Rules for the Olympic Games; seat Lausanne

Treaty

None. Olympic Charter Rule 61.2; World Aquatics Constitution Art. 31

Tribunal

Kristen Thorsness (Sole Arbitrator)

Sector

Sport: swimming, Olympic eligibility

Outcome

Jurisdiction upheld; application dismissed (24 July 2024).

Amount

No monetary claim. No order as to costs; CAS ad hoc services are free of charge.

The dispute

The Cook Islands aquatics federation (CIAF) and National Olympic Committee (CISNOC) wanted the swimmer Wesley Roberts, who had competed at the 2016 and 2020 Olympic Games, to take the Cook Islands' male Universality Place for Paris 2024. Under sections C.2 and D.3 of World Aquatics' Paris 2024 Qualification System, an athlete entering through Universality is "limited to a maximum of two Olympic Games in their career; or not being older than the age of thirty (30) years as of 1st January 2025". World Aquatics treated the two limits as separate grounds of ineligibility, refused Mr Roberts, and invited another swimmer, Jacob Story. The applicants refused to let Mr Story take the place. They argued that the provisions were alternative routes to eligibility, so Mr Roberts qualified because he would be under 30 on 1 January 2025, and that any ambiguity should be read against World Aquatics. The IOC argued that the dispute arose outside the ten-day window before the Opening Ceremony, so the ad hoc Division lacked jurisdiction.

Key holdings

1. The ad hoc Division has jurisdiction. World Aquatics agreed to reconsider the applicants' 18 July 2024 'appeal' and issued a new, final decision on 19 July 2024. That new decision set a new starting point for when the dispute arose, so it fell within ten days of the 26 July 2024 Opening Ceremony. It made no difference whether the 'appeal' was a request for reconsideration. ¶¶ 44–49
2. World Aquatics has no formal internal appeal process, so the applicants had no internal remedies to exhaust. World Aquatics also expressly accepted CAS jurisdiction. ¶ 48
3. Sports bodies' interpretation of their own rules deserves considerable deference and is disturbed only if unreasonable. World Aquatics' reading of sections C.2 and D.3 is reasonable and appropriate. ¶¶ 56–58
4. Sections C.2 and D.3 set limits, that is, grounds of ineligibility, not routes to eligibility. An athlete is ineligible for a Universality Place if he has competed in more than one Olympic Games or is over 30 on 1 January 2025. World Aquatics had applied the rule this way consistently, and this reading serves the programme's aim of encouraging new athletes and swimming in emerging countries. ¶¶ 59–61
5. Any harm from the Cook Islands having no male swimmer at the Games is self-inflicted: the applicants refused to let Mr Story accept the place offered to him. ¶ 62
6. The application is dismissed. There is no order as to costs because no party sought costs. ¶¶ 65–66; Decision

Procedural history

1. 5 May 2024World Aquatics tells CIAF that Mr Roberts is ineligible for a Universality Place because he competed at two earlier Olympic Games.
2. 14–25 June 2024The applicants ask for a special exemption for Mr Roberts. The deadline for Universality applications passes on 24 June 2024.
3. 3–4 July 2024World Aquatics invites Jacob Story and refuses the exemption. On 3 July the applicants argue for the age-based reading of the rule; World Aquatics rejects it on 4 July.
4. 7 July 2024The applicants withdraw Mr Story. The quota place is reassigned to an athlete from another country.
5. 18–19 July 2024The applicants appeal to the World Aquatics Bureau. On 19 July the Bureau rejects the appeal in a decision stated to be final and appealable to CAS.
6. 21 July 2024Application filed with the CAS ad hoc Division; Sole Arbitrator appointed.
7. 23 July 2024Hearing held by Webex video conference.
8. 24 July 2024Award: jurisdiction upheld, application dismissed.

Tribunal, counsel and experts

Decided by

• Kristen Thorsness Sole arbitrator, CAS ad hoc Division

For the claimant

Darren Kane

For the respondent

Caroline Cusinato

For other participants

Antonio Rigozzi · Eolos Rigopoulos

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Keywords

• CAS ad hoc Division
• Paris 2024
• Olympic Games
• swimming
• universality places
• Qualification System
• eligibility
• Wesley Roberts
• Cook Islands
• ten-day rule
• jurisdiction
• reconsideration decision
• exhaustion of internal remedies
• interpretation of sports regulations
• deference to sports bodies
• Olympic Charter Rule 61

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