PRESS RELEASE
BWF triumphs before the Court of Arbitration for Sport
5 January 2007 - Friday
Kuala Lumpur: The Badminton World Federation (“BWF”), formerly known as the International Badminton Federation (“IBF”) has won a case before the Court of Arbitration for Sport (“CAS”), initiated by the Russian Badminton Federation (“RBF”).
The CAS is based in Lausanne, Switzerland and is an institution independent of any sports organization. The CAS was created in 1984 and aims to facilitate the settlement of sports-related disputes through arbitration or mediation using procedural rules adapted to the specific needs of the sports world. The CAS registers around 200 cases each year and draws nearly 300 arbitrators from 87 countries, each chosen for their specialist knowledge of arbitration and sports law.
The three-member tribunal which presided over the case was comprised of the following eminent members of the legal profession, namely Mr Francois Carrard, Attorney-at-Law, Geneva, Switzerland, who was the President of the tribunal, and The Honourable Michael J. Beloff QC, Barrister in London, England, as well as Mr Odd Seim-Haugen, Attorney-at-Law in Oslo, Norway.
Due to the complexity of the case, the BWF was represented by London firm Wedlake Bell partner Richard Hewitt and English barrister Mr Jasbir Dhillon while Mr Yuri Monarstyrsky and Ms Alena Shubina of Russian firm Monarstyrsky, Zyuba, Stepanov & Partners (“MZS”) advised on Russian law issues. Advice on Malaysian law was provided by BWF Honorary Legal Adviser Dato’ Sri Andrew Kam Tai Yeow and assisted by Ms Yvonne Siew.
The BWF Council had taken a decision in May 2006, to cease to recognize the RBF as a BWF member. The RBF proceeded to challenge this decision at the CAS. The matter in contention was whether the RBF could still exist as a member of the BWF, after having lost its legal status in Russia. After a hearing, the CAS rejected RBF’s claim and ruled in favour of BWF.
Earlier, the RBF had ceased to be a member of the Russian Olympic Committee once it lost its legal status, and it was no longer accredited by the Federal Agency for Physical Culture and Sport (“Rossport”) in Russia to represent the sport of badminton there.
Delighted with the win, Datuk Prof Punch Gunalan, the Deputy President of the BWF said, “The CAS decision accords with the BWF’s legal team’s submissions, which reflect the earlier advice and opinion expressed by our own Honorary Legal Adviser, Dato’ Sri Andrew Kam, and the BWF would like to record their thanks to him for his invaluable contribution.”
He added further that, “This now paves the way for the admission of a Russian member which fulfills the membership requirements of the BWF, and this member shall possess the necessary approvals and the recognition of relevant Russian authorities to control the sport in that territory.”
“This is a great start to a year of exciting new initiatives such as the Super Series, which begins with the Proton Malaysian Open later this month
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