CAS 2007/A/1201 Nathan Baggaley vs Australian Canoeing, International Canoe Federation & Surf Life Saving Australia
Related case:
CAS 2006_A_1168 Nathan Baggaley vs ICF
December 29, 2006
The Application before us was filed with the Court of Arbitration for Sport (CAS) Oceania Registry on 4 January 2007, it being what is commonly seen as and entitled, an Application. It has the effect of being a Statement of Appeal under Rule 48 of the Court of Arbitration for Sport Arbitration Rules, edition 2004 (the Code). There was also filed with the CAS Oceania Registry on 15 January 2007 an Amended Application form.
One of the paragraphs of the Order for Directions given in this matter dealt with the jurisdiction of the presently constituted Panel. That order was signed and executed by the Appellant (Mr Baggaley), the respondent, Australian Canoeing Inc. (ACI), and by the then affected parties, Surf Life Saving Australia (SLSA), Australian Sports Commission (ASC) and Australian Sports Anti-Doping Authority (ASADA).
The order was not executed by or on behalf of the then respondent, International Canoe Federation (ICF) which submitted in substance that this Panel did not have authority to arbitrate the dispute alleged against the ICF. Consequently, there arose at the very beginning of these proceedings the question as to whether this Panel had jurisdiction to entertain the Application, being in the nature of appeal, and specifically to make orders of the specific nature sought in the Application.
Therefore, we have concluded that there is no jurisdiction in the Panel to make orders of the nature sought by Mr Baggaley against the ICF, it being a respondent to the appeal before us.
For those reasons, we conclude that the jurisdictional point taken by and on behalf of the ICF is sound and we uphold the submission.
Therefore the Court of Arbitration for Sport decides on 20 January 2007 that:
1.) The appeals of Mr Baggaley against the decisions of ACI of 14 December 2006 and SLSA of 15 January 2007 are dismissed.
2.) The question of costs is reserved. The Panel directs that the parties within 21 days of this date file with the CAS Oceania Registry their submissions relevant to the question of costs.
