S. v. Fédération Equestre Internationale (FEI)

Arbitration CAS 96/171 S. / International Equestrian Federation (FEI), order of 3 November 1997

Time limit for filing the appeal brief

Whereas S. lodged with the CAS a statement of appeal on 5 August 1997, against a decision rendered by the Judicial Committee of the FEI dated 14 July 1997;

Whereas on 28 August 1997, the CAS Court Office invited the Appellant to appoint an arbitrator and to file an appeal brief within 10 days from the receipt of the said letter;

Whereas S. did not answer to this letter;

Whereas on 2 October 1997, the CAS Court Office fixed an ultimate time limit of 5 days to the Appellant to comply with both requests;

Whereas the Appellant never answered to this letter either.

LAW

Whereas Art. R51 of the Code of Sports-related Arbitration (the Code) provides that “within ten days following the expiration of the time limit for the appeal, the Appellant shall file with the CAS a brief stating the facts and legal arguments giving rise to the appeal, together with all exhibits and specification of other evidence upon which he intends to rely, failing which the appeal shall be deemed withdrawn";

Whereas the Appellant has received the Code and was aware of the Rules of the Appeals Arbitration procedure;

Whereas the CAS Court Office reminded the Appellant of the terms of Art. R51 of the Code;

Whereas pursuant to Art. R65.2, the Court Office fee of CHF 500.-- paid by the Appellant shall in any event be kept by the CAS.

CAS 96/171 2 S. / FEI, order of 3 November 1997

In view of the above and in particular in view of Art. R51 of the Code,

The Secretary General of the Court of Arbitration for Sport:

1. Notes that the Appellant did not lodge an appeal brief within the time limit provided by Art. R51 of the Code of Sports-related Arbitration.

2. Notes that the appeal by S. is deemed withdrawn and deletes it from the CAS roll.

3. Declares that the present order is rendered without costs except for the Court Office fee of CHF 500.-- paid by the Appellant and which is kept by the CAS.