Wednesday 23 January 2013

Court of Arbitration for Sport

Off to the pinnacle of International Sports tribunals. Snow capped mountain views from the airport at Geneve then avoid the rip off taxis at Lausanne Gare because the hotel (Alpha - Palmier) is only in fact 2 minutes walk away (and last time I spent CHF 20 having a lovely tour of the one way system). Last minute case revision (what has the Opposition got that I have missed? Nothing really) and up at crack of dawn (no problem brought full tanks of adrenalin) for prompt arrival at the Chateau de Bethusy mansion where CAS/TAS sits. The hearing is scheduled for 0830 hours, unheard of back home. This being Switzerland you cannot afford to be a minute late or you'll miss a crucial argument and face time penalties. Although I am aware of the famous CAS chess clock system, introduced to shut down verbose counsel, there is in fact no clock in the hearing room at all - I find this somewhat disconcerting. The immediate sense is of purposeful order. The building is staffed by ultra capable and scrupulously (and inscrutably) independent staff who are no doubt highly qualified as well.  Panel Housekeeping begins at 0830 hours on the dot. We emerge from our own Appellants' bomb shelter where we can psychologically prepare our clients (slightly awed by the surroundings) for the intrigues to come.


 Then the call and we enter the chamber. Appellants to the right, respondents to the left and Panel before us, some of the greatest legal minds on the planet (I know they are not reading this). An incredible diversity in 3 people you simply could not make up. For a moment I wonder how it would to be a witness confronted by all of us - daunting (I hope!)
There are friendly greetings and introductions (in English) as the Panel Chair sets the tone and urges rigour and focus on the issues. But this is battle and other considerations must apply (and there are, maybe, old scores to be settled).
The best jokes, the one liners come from the doyen Mr Maitre for the Respondents. He's seen it all before and there is a playful, disdainful glint in his eye, that I can't help but  admire, whilst longing to extinguish it. He will not be cowed in this place. He is surrounded by his acolytes, keen, serious, but anxious. As an archetypal Swiss, his description of his countrymen is extraordinary, not entirely complimentary, and yet brilliant. He knows what I mean for at one moment our eyes locked on across the narrow no man's land between us..
So do not be fooled. The schedule says 5 mins for direct and 5 mins for redirect. Easy to scrupulously follow the rules and get left behind. Here the golden rule is to get the key points out in oral testimony. Though the Panel takes everything into account, the written statements seem to provide but mere background to the cut and thrust of rapier questioning which comes from all sides.
Do not also count on the etiquette of not being interrupted. The spears are soon unleashed from across the table aiming to unsettle (they failed in my view) and the Panel cut to the chase making it clear what interests them.
Truthful or not, the witnesses are impressive. They are successful people, even famous. They wear the sheen of living in a specific world, part of an exclusive club.
It is intense, an 11 hour hearing this time (representing 6 months intense activity), followed by a quick dash for some to the airport and for others to a bar.
Suddenly left alone, the building strangely empty, clients take 5 to gather souvenir photos in the chamber and outside in the snowy grounds of the chateau. All slightly surreal and eerily still after the noise and hustle of the day, but with a whiff of cordite still in the air.



Next day check out the Olympic Museum in Lausanne especially if you do not plan on returning. I didn't visit. Plenty of time.
So this time I hugged an Olympic Gold medallist who travelled halfway round the world and became a friend. And I fought with a double Olympic Gold medallist and World Record holder, 'an Olympic darling'. The Panel will ultimately decide  to who came off best, but it was I am certain, an experience perhaps neither of us will ever forget, and that 'darling' will never want to repeat.

The decision in Mu - Yen Chu and Chinese Taipei National Olympic Committee v International Olympic Committee will be released in the coming weeks.

3 comments:

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  2. Yes we needed extra chairs - should have sold tickets - v intense.

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  3. Sounds fascinating and scary. Bloody well done OH. xx

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