Federazione Italiana Nuoto (FIN) v. World Aquatics

At a glance

Parties

Italian Swimming Federation (Federazione Italiana Nuoto, FIN) v. World Aquatics (WA); interested parties: Hungarian Water Polo Association, Italian Olympic Committee, International Olympic Committee

Case no.

CAS OG 24/018

Forum and rules

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

Treaty

Olympic Charter Rule 61.2 (no investment treaty)

Tribunal

Kristen Thorsness (Sole Arbitrator)

Sector

Sport (water polo)

Outcome

Application dismissed under the field of play doctrine (operative part 9 August 2024; reasoned award 11 August 2024).

Amount

No damages claimed. No order as to costs; the ad hoc Division's services are free of charge.

The dispute

On 7 August 2024 Italy played Hungary in a men's water polo quarterfinal at the Paris Olympic Games. With 2 minutes and 22 seconds left in the second quarter, Italian player Francesco Condemi scored, but his throwing hand struck a Hungarian player in the face. After a VAR review, the referees ruled the contact a "violent action" under Part Six, Article 9.14 of the World Aquatics Competition Regulations. They disallowed the goal and excluded Condemi for the rest of the game. Hungary won 12-10 on penalties. The referees and then the World Aquatics Jury of Appeal (8 August 2024) rejected Italy's protest. The same day, the Management Committee declined to impose further game exclusions because it could not conclude there was malicious intent. FIN asked CAS to cancel the sanctions and the result and to order the game replayed from the time of the exclusion. It argued the referees' decision was arbitrary, irrational and abusive. World Aquatics argued that the Jury of Appeal's decision was final and not appealable, that the Regulations bar replays for VAR errors, that the field of play doctrine applies, and that a replay was logistically impossible.

Key holdings

1. CAS has jurisdiction. Under the Regulations a Jury of Appeal decision is "final", but "final" does not mean unappealable. Sections 31.1 and 31.2 of the World Aquatics Constitution recognise appeals to CAS against final decisions. An international federation cannot limit the jurisdiction that Rule 61 of the Olympic Charter gives CAS over Olympic disputes. ¶¶ 35–40
2. The application, filed against the Jury of Appeal's decision of 8 August 2024, is admissible. ¶¶ 41–42
3. The field of play doctrine applies. The referees made the exclusion decision on the playing field and rejected the protest immediately after the game. The Jury of Appeal's decision the next day concerned the same facts and enjoys the same protection from CAS review. ¶¶ 47–49
4. There was no evidence of bias, malice or bad faith by anyone involved. Even if the referees' decision was wrong, a mere error is not automatically arbitrary, irrational or an abuse of discretion. The appeal is therefore dismissed. ¶¶ 50–51
5. No order as to costs. The ad hoc Division's services are free, each party bears its own representation costs, and no party sought costs. ¶¶ 52–54

Procedural history

1. 7 August 2024Italy–Hungary men's water polo quarterfinal. Condemi is excluded for violent action, Hungary wins 12-10 on penalties, and the referees reject Italy's protest.
2. 8 August 2024The World Aquatics Jury of Appeal denies Italy's appeal. The Management Committee separately declines to impose further game exclusions.
3. 9 August 2024FIN files its Application with the CAS ad hoc Division at 8h00. The Sole Arbitrator is appointed, no party asks for a hearing, and the case is decided on the papers. The operative part dismissing the application is issued.
4. 11 August 2024Reasoned award issued.

Tribunal, counsel and experts

Decided by

• Kristen Thorsness Sole arbitrator, CAS ad hoc Division — appointed by the institution

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Keywords

• field of play doctrine
• water polo
• Paris 2024 Olympic Games
• CAS ad hoc Division
• Olympic Charter Rule 61
• VAR
• violent action
• exclusion foul
• Jury of Appeal
• finality of decisions
• replay of match
• Francesco Condemi
• World Aquatics Competition Regulations
• lex sportiva
• referee discretion
• eligibility

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