4222 Italian Canoe Federation (Itcf), Italian National Olympic Committee (CONI), British Olympic Association (BOA), British Canoeing (BC) V
Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2015/A/4222 Italian Canoe Federation (ItCF), Italian National Olympic Committee (CONI), British Olympic Association (BOA), British Canoeing (BC) v. International Canoe Federation (ICF), Russian Canoe Federation (RCF), Russian Olympic Committee (ROC), Danish National Olympic Committee (DNOC), Danish Canoe Federation (DCF), French National Olympic Committee (CNOSF), French Canoe Federation (FFCK), award of 16 January 2017 (operative part of 23 March 2016) Panel: Mr José María Alonso Puig (Spain), President; Mr Michele Bernasconi (Switzerland); Prof. Ulrich Haas (Germany) Canoe (sprint) Olympic Qualification System CAS Power of review Interpretation of rules established by international sports bodies Contra proferentem prinicple Fairness principle 1. Policy decisions by an international federation (IF) when drafting its rules are not subject to CAS review or control. However, once the rules are set the IF is bound to adequately apply and interpret them, and both application and interpretation of the rules by the IF are subject to complete CAS scrutiny. In applying this scrutiny CAS will consider an objective interpretation of the rules, evaluating principally the text and purpose of the rules. 2. Absent a clear interpretation that can be taken uniquely from the literal wording of a provision of the rules established by international sports bodies, a CAS panel in charge of a dispute resulting from the ambivalent wording must consider other means of interpretation in order to determine the provision’s meaning. In this regard, when interpreting rules established by international sports bodies, to the extent it can be adequately ascertained, the intent of the sports body when drafting the rules (i.e.
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