Abstract
The Award in CAS 2019/A/6181, Fédération Royale Belge de Gymnastique (FRBG) v. Fédération Internationale de Gymnastique (FIG) and Japan Gymnastics Association (JGA) concerns the bidding process to host the 2023 Men’s and Women’s Artistic Gymnastics World Championships, more specifically the time limit by which potential bidders had to submit their bid. Ultimately, two bids were presented, with one bidder (FRBG) subsequently arguing that the other (JGA) had submitted its bid too late. The matter ended up before CAS, where various questions were disputed. In particular, the question arose whether the FRBG actually had standing to challenge the FIG’s decision to admit the JGA’s bid. For its decision on the substantive dispute, the CAS Panel had to determine what exact deadline applied based on the term “by mid-December” as used by the FIG. The Award provides helpful clarification on these two points, in particular on the question whether a third party has standing to submit an appeal to the CAS in the context of a bidding process. The considerations on the merits (about the interpretation of the term “mid-December”) are rather straightforward, but they will surely help to avoid further disputes of this nature in the future.
Dr. Jan Kleiner is Director of Football Regulatory at FIFA, Switzerland. The views expressed in this chapter reflect the author’s personal views only.
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Notes
- 1.
A summarized version of the Award has been published by the CAS in the CAS Bulletin 2020/1, pp. 62–68, available at https://www.tas-cas.org/fileadmin/user_upload/CAS_Bulletin_2020_1.pdf. Accessed 5 August 2021.
- 2.
See also CAS Bulletin 2020/1, pp. 62–66. Note by the Editors: in the original (as yet unpublished) Award, the factual background is set out at paras 4–46.
- 3.
The proceedings before the CAS and the Parties’ positions are summarized in the CAS Bulletin 2020/01, pp. 65–66. Note by the Editors: in the original Award (CAS 2019/A/6181, FRBG v FIG and JGA, Award of 24 September 2019 (operative part issued on 25 April 2019), unpublished), they are set out at paras 47–55.
- 4.
In addition to the FRBG’s Appeal Brief and the Answers by FIG and JGA, in accordance with the standard procedure under Arts R51 and R55 CAS Code, the FRBG filed a Reply, followed by the submission of Rejoinders by the FIG and JGA. The Parties’ written submissions were all filed between 22 March and 22 April 2019.
- 5.
See, for example, CAS 2013/A/3278, Maritimo de Madeira - Futebol SAD v. Desportivo Brasil Participacoes LTDA, Award of 2 June 2014, para. 54 et seq. See also Haas (2018), p. 54 et seq.
- 6.
Swiss Supreme Court decision 4P.282/2001 of 3 April 2002 (ATF 128 III 191), para. 4b. See also Keidel/Fischer (2018), pp. 43–44.
- 7.
CAS 2013/A/3278, Maritimo de Madeira—Futebol SAD v. Desportivo Brasil Participacoes LTDA, Award of 2 June 2014, para. 56.
- 8.
CAS Bulletin 2020/01, p. 66.
- 9.
Ibid., p. 67. The Panel referred in this regard to, “among many other cases”, CAS 2008/A/1583 & 1584, Sport Lisboa e Benfica Futebol SAD v. UEFA & FC Porto Futebol SAD & Vitória Sport Clube de Guimaraês v. UEFA & FC Porto Futebol SAD, para. 31 and CAS 2016/A/4924 and 4923, Paolo Barelli v. FINA, para. 86. For additional CAS case law in this regard, see also Bernasconi and Trunz (2018), p. 98 et seq.
- 10.
See CAS 2016/A/4924 and 4943, Paolo Barelli v. FINA, Award of 28 June 2017, para. 87, with further references.
- 11.
CAS Bulletin 2020/01, p. 67.
- 12.
Ibid.
- 13.
Ibid.
- 14.
Ibid.
- 15.
Id., pp. 67–68.
- 16.
Most notably, Art. 76(2) CO provides that: “[a] time limit expressed as the middle of the month means the fifteenth day of that month.”
- 17.
CAS Bulletin 2020/01, p. 68.
- 18.
Ibid.
- 19.
Ibid.
- 20.
FIG Statement of 9 May 2019, https://www.gymnastics.sport/site/news/displaynews.php?idNews=2470. Accessed 5 August 2021.
References
Bernasconi M, Trunz M (2018) Standing to Appeal in Proceedings before CAS. In: Bernasconi M, Rigozzi A (eds) International Sport Arbitration. Editions Weblaw, Bern, pp 89–121
Haas U (2018) Standing to Appeal and Standing to be Sued. In: Bernasconi M, Rigozzi A (eds) International Sport Arbitration. Editions Weblaw, Bern, pp 53–88
Keidel Ch, Fischer P (2018) Standing to Appeal of Third Parties in Front of CAS. In: Duval A, Rigozzi A (eds) Yearbook of International Sports Arbitration 2016. T.M.C. Asser Press, The Hague, pp 41–59
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Kleiner, J. (2022). CAS 2019/A/6181, Fédération Royale Belge de Gymnastique (FRBG) v. Fédération Internationale de Gymnastique (FIG) and Japan Gymnastics Association (JGA), Award of 24 September 2019 (Operative Part of 25 April 2019). In: Duval, A., Rigozzi, A. (eds) Yearbook of International Sports Arbitration 2018–2020. Yearbook of International Sports Arbitration. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/15757_2022_42
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