USA Gymnastics officials say an arbitration panel won’t reconsider a decision asking gymnast Jordan Chiles to return the bronze medal she won at the Paris Olympics
Article 190 specifies that an award can be voided if the tribunal was “improperly constituted.” I don’t know what Swiss jurisprudence says that means. e.g., if one of three panel members had a potential conflict of interest. Appealing that has a 30-day time limit.
The release from the CAS does not address how or whether the parties were informed that CAS Presiding Arbitrator Gharavi, currently serves as legal counsel to Romania in its disputes before the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID).
Gharavi’s relationship with Romania began at least in 2011, when he was appointed by the U.S claimant in a case against Romania. Hassan Awdi, Enterprise Business Consultants Inc. and Alfa El Corp. v. Romania. In 2016, about one year after the conclusion of that case, Gharavi began representing Romania in its ICSID Proceedings, prevailing in a matter this spring. Nova Group Investments B.V. v. Romania.
In two additional ICSID cases, Gharavi is serving as lead counsel–see Aderlyne Ltd. v. Romania, a pending renewable energy project and/or is working alongside Romanian government counsel. EP Wind Project (Rom) Six Ltd. v. Romania.
Reports came out today as well that the head of this arbitration panel has represented Romania for over a decade on other cases
Article 190 specifies that an award can be voided if the tribunal was “improperly constituted.” I don’t know what Swiss jurisprudence says that means. e.g., if one of three panel members had a potential conflict of interest. Appealing that has a 30-day time limit.
Yeah I think the US is gonna be on that within the next week.
https://www.cpradr.org/news/breakingdid-romanias-lawyer-strip-jordan-chiles-of-her-bronze-medal##