6 December 2018
On 1 December 2018, following the order by the Moscow City Court dated 21 November 2018, Russian Olympic Committee received an official notice from the IOC with the request to provide assistance to, and take the necessary legal measures to ensure the execution of CAS decision dated 23 April 2018.
The Russian Olympic Committee, observing the legislation of the Russian Federation and the provisions of the Olympic Charter of the IOC in terms of ensuring NOC recognition and implementation of the World Anti-Doping Code in its territory, on 5 December 2018 filed an appeal against the order of the Moscow City Court, which, inter alia, contradicts the terms of the Convention on Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958).
In its action, the ROC considers that the CAS decision, even after being recognized unenforceable in the Russian Federation, does not entail the abolition of the decisions and sanctions of the IOC because, in principle, these cannot be subject to review by Russian State courts, including the Moscow City Court, due to lack of jurisdiction over final review decisions made by international courts of arbitration.
Also, if provisions of the Olympic Charter are found not to be observed in the territory of the Russian Federation, this may entail the most severe sanctions, up to imposing a blanket ban on the Russian athletes competing in the Olympic Games as part of Olympic Team Russia or under the flag of the Russian Federation as soon as in 2020 in Tokyo.
Moscow City Court decision creates preconditions for non-recognition of CAS decisions in relation to 28 Russian athletes justified by CAS – Sochi 2014 Games champions and medalists, as when considering their appeals and rendering acquittals CAS also applied the principle of strict liability provided by the WADA Code.
And lastly, the order by the Moscow City Court dated November 21 this year can give reason to doubt that the Russian Federation truly recognizes basic Anti-Doping principles in sport, protects the interests of clean athletes, and respects fundamental provisions of the Olympic Charter and the World Anti-Doping Code.