Indian ace wrestler Vinesh Phogat can be awarded a joint silver medal with Cuba’s Y Guzman if the Court of Arbitration for Sport (CAS) rules in her favour today. The wrestler knocked on the doors of the arbitration department, following her disqualification from the Women’s 50 kg Wrestling category at the Paris Olympics 2024, on August 6.
Vinesh has appealed to the CAS, that she be awarded a silver medal. The Indian Olympic Association (IOA) has contracted top lawyer Harish Salve to fight her case.
Vinesh was found to be around 100 grams over the permissible weight before the gold medal bout.
The wrestler, who could have become the first ever Indian woman wrestler to play in an Olympics final, was not even considered eligible to win any medal.
Located in the Swiss city of Lausanne, the Court of Arbitration of Sports(CAS), is an independent body that issues judgements on international sports issues, including legality of doping bans, compliance with competition rules, or in cases of cancellations and contractual issues.
Comprising over 400 arbitrators from 87 countries, the CAS is open to all members associated with sports, for seeking arbitration. Athletes, clubs, sports associations, organisers of sporting events, television broadcasters and sponsors can all appeal to CAS.
Around 300 cases are heard each year. Although CAS judgements are valid within sport, they have no effect under criminal or civil law.
Vinesh Phogat has another option of appealing to the Swiss Federal Supreme Court, if the CAS does not rule in her favour. Due to its location in Lausanne, the decisions of the Court of Arbitration for Sport can be appealed to the Swiss Federal Supreme Court and also overturned.
The chances of success, however, are very low, said sports lawyer Vidushpat Singhania. “Technically, you can appeal a decision of CAS in the Swiss courts. But your chances of success are very low because it has to be against public policy, ” Singhania told The Bridge in an interview.
The appeal can only be made on the grounds that a fair process was not followed, which is unlikely. Hence, on can assume that the CAS verdict is final, added Singhania.
