A chat with John Coates

John Coates wears many hats. He is the president of Australia’s Olympic Committee and a member of the International Olympic Committee (IOC) executive board. He is also the International Rowing Federation, FISA’s continental representative for Oceania. Now Coates wears another hat. He was recently elected to be the head of both the International Council of Arbitration for Sport (ICAS) and the Court of Arbitration for Sport (CAS).

Coates talked to World Rowing about his new appointment.

World Rowing: Is this the first time one person has been the head of both ICAS and CAS?
John Coates: No, this has always been the case. The code provides for this.

WR: Tell me about the roles of ICAS and CAS.
JC: Our job is to make sure the court is accessible to athletes and that it’s efficient and cheap for sporting federations and for the athletes. In some cases the court cases have become over costly with experts being called in. We want to find ways to make it cheaper like encourage a greater use of video conferencing, rather than the athlete and lawyer having to travel to Lausanne (Switzerland, where CAS is situated).

There was a case of an Australian swimmer who got given a three month penalty. The swimmer appealed the penalty and the case was heard by conference call between Sydney and CAS in Lausanne. It was all completed in eight days and the swimmer could get back to training again.
I chair the ICAS board which has 20 people, all lawyers. We approve the legal codes and make any changes. ICAS is largely an administrative role and as the president of ICAS I won’t sit on any panels. It is designed to ensure the independence of CAS, to ensure the court is independent.

WR: What are the main cases that CAS sees?
JC: There are a large number of anti-doping cases, but we also handle transfer cases for football. This year to date we have had 39 contractual disputes like sponsorship disputes and there has been 176 appeal procedures. Of these about 50 per cent are football related, 30 per cent doping cases and 20 per cent athlete selection disputes.

WR: How is ICAS and CAS funded?
JC: We are funded by the IOC, the International sports federations and FIFA (the International Football Association) because of the number of football related cases.

WR: What happens if an Australian athlete, or an athlete you know, comes in front of the CAS?
JC: As president of CAS I have no role in the appeal and I have no role in the appointment of the arbitration panel. If there is an appeal each party nominates someone and if they can’t agree on the nomination there is a divisional head that makes the choice.

Here in Australia I have taken steps to remove myself from anything that may appear to be in conflict. I will not be the chef de mission (of the Australian team at the Olympic Games). I have done this for the last six Olympics. And I won’t be on any disciplinary boards in Australia.
 

WR: Do you have a background in sports law?
JC: I’ve been involved in sports law since the age of 19 when I was a board member of my local rowing club and then I continued doing sports work after I graduated from law school. But I’ve never practiced as a sports lawyer. All my work in sports law has been pro bono. I’ve been a member of ICAS since 1995 and involved in sports law through my various appointments.

WR: Do you think sports law is a growing discipline?
JC: Yes, tremendously because we now think the rights of athletes are important. We want a level playing field in areas like anti-doping. Rather than athletes having to take matters to a civil court, which is expensive and takes a lot of time, CAS was formed. CAS can deal with issues much quicker.

WR: How do legal disputes work in rowing?
JC: In rowing the FISA executive council is the disciplinary committee. Then if a rower wants to appeal a decision they can go to CAS.