CAS 2015/A/3881 Fatma Omar v. International Paralympic Committee (IPC)
Paralympic powerlifting
Doping (clomiphene)
Duty of the CAS Panel to verify the bona fide nature of a settlement agreement embodied in an arbitral award
Any settlement agreement may be embodied in an arbitral award rendered by consent of the parties. It is the task of the CAS panel to verify the bona fide nature of a settlement agreement to ensure that the will of the parties has not been manipulated by them to commit fraud and to confirm that the terms of the settlement agreement are not contrary to public policy principles or mandatory rules of the law applicable to the dispute.
In May 2014 the International Paralympic Committee (IPC) has reported an anti-doping rule violation against the Egyptian Paralympic Athlete Fatma Omar after her A and B samples tested positive for the prohibited substance clomiphene.
On 30 November 2014 the IPC Governing Board rendered the decision to impose € 1,500 fine and a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension.
Hereafter in December 2014 the Egyptian Paralympic Committee and the Athlete appealed the IPC decision with the Court of Arbitration for Sport (CAS).
After deliberations between the Parties a settlement was reached and the Parties signed copies of the settlement agreement. The Parties submitted signed copies to CAS and requested the Panel to ratify the Settlement Agreement into a Consent Award.
The Parties agree on the following on 30 April 2015:
1.) In application of article 10.4 of the IPC Anti-Doping Code, the suspension imposed to Ms Fatma Omar by the International Paralympic Committee Governing Board on 30 November 2014 shall be reduced to one (1) year and shall therefore end on 15 May 2015.
2.) In all other respects, the decision of the IPC Governing Board of 30 November 2014 shall be confirmed.
3.) The Parties agree to keep the present Settlement Agreement confidential until the issuance of the final Consent Award by CAS.
4.) Each party will bear its own legal costs.
5.) All other motions and prayers for relief shall be rejected.
6.) The Parties request the Panel to issue a Consent Award confirming the present Settlement Agreement.
After having discussed with the Parties the terms of the Settlement Agreement at the Hearing and after reviewing such terms, the Panel finds no grounds to object or to disapprove of the terms of the Settlement Agreement and is satisfied that the Settlement Agreement constitutes a bona fide settlement of the dispute brought to its attention.
Therefore the Court of Arbitration for Sport on 13 May 2015 renders the following Consent Award:
1.) The Panel, with the consent of Fatma Omar and the International Paralympic Committee, hereby ratifies the Settlement Agreement signed by the parties on 30 April 2015 and incorporates its terms into this Consent Award.
2.) The arbitral procedure CAS 2015/A/3881 Fatma Omar v. International Paralympic Committee is terminated and deleted from the CAS roll.
3.) Each party is hereby ordered to perform the obligations and duties as per the Settlement Agreement referred to above.
4.) (…).
5.) (…).
6.) All other motions and prayers for relief are rejected.
