Arbitral Award on the Issue of Standing
CAS 2016/A/4924 and CAS 2017/A/4943 Paolo Barelli v. Fédération Internationale de Natation ARBITRAL AWARD ON THE ISSUE OF STANDING delivered by the COURT OF ARBITRATION FOR SPORT Sitting in the following composition: President: Mr. Romano F. Subiotto Q.C., attorney-at-law in Brussels, Belgium and solicitor in London, United Kingdom Arbitrators: His Honour James Robert Reid QC, retired judge in West Liss, United Kingdom Dr Jan Raker, attorney-at-law in Stuttgart, Germany Ad hoc clerk: Ms Marta Janek, attorney-at law in Brussels, Belgium and New York, United States in the arbitration between Paolo Barelli, Rome, Italy represented by Mr. Claude Ramoni, attorney-at-law in Lausanne, Switzerland, and Mr. Andrew McGregor, solicitor in Manchester, United Kingdom Appellant and Fédération Internationale de Natation, Lausanne, Switzerland represented by Mr. Jean-Pierre Morand, attorney-at-law in Lausanne, Switzerland Respondent * * * CAS 2016/A/4924 and CAS 2017/A/4943 Paolo Barelli v. FINA - page 2 I. THE PARTIES 1. Paolo Barelli (the “Appellant”) is the President of the Ligue Européenne de Natation (“LEN”), the Honorary Secretary of the Fédération Internationale de Natation (“FINA”), a member of the FINA Bureau and the FINA Executive. 2. FINA is the international federation recognized by the International Olympic Committee for administering international competition in water sports. FINA controls the development of the following aquatic events: swimming, diving, high diving, water polo, synchronized swimming and open water swimming. 3. According to Rule C17.8 of the FINA Constitution, the FINA Executive “is responsible for making decisions on matters referred to it in the FINA Rules and Regulations or matters referred to it by the Bureau or for other cases, which need decisions between the meetings of the Bureau.” 4.
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