Jordan Chiles Submits Additional Brief to Correct Improper Filing by the Court of Arbitration of Sport in Efforts to Reinstate Bronze Medal

Gibson Dunn, along with its co-counsel Homburger AG, recently submitted a final brief [link] to the Federal Supreme Court of Switzerland in response to newly raised, and improper arguments presented by the Court of Arbitration for Sport (“CAS”) and the Romanian Gymnastics Federation. This additional filing by Ms. Chiles was necessary because the other parties’ most recent filings included improper and newly-raised arguments as well as misstatements of fact that seek to misconstrue the record and shift blame to Ms. Chiles.

Chiles’s appeal began with the filing of her September 16 [link] and September 24 [link] briefs, which seek to overturn CAS’s one-sided revocation of her third-place score and bronze medal. Chiles’s responsive briefs [link][link] highlight the injustice surrounding the procedure and outcome of the CAS proceedings.

Chiles’ recent filing became a necessity when the other parties’ filed reply briefs improperly raising new issues and misstating the record. For example, CAS falsely asserted that it was “undisputed” that Ms. Chiles inquiry was untimely, a fact known by the world to be untrue. In her prior briefs, Ms. Chiles provided conclusive evidence that the inquiry was made within the allotted time [link].

CAS also attempted to falsely shift the blame regarding the deficient procedure to Ms. Chiles. Specifically, CAS argued that Ms. Chiles should have submitted additional evidence regarding the timeliness of the inquiry and objected to Mr. Gharavi (the head of the arbitral panel, who had represented Romania in international arbitration for nearly a decade) before the hearing. But these arguments do not take in to account the fact that CAS itself failed to provide sufficient notice to Ms. Chiles. Specifically, CAS sent all correspondence to Ms. Chiles to an invalid email address. That address provided “bounce backs” indicating to the sender that the emails are not valid. Nonetheless, CAS continued to use that email address for multiple days, and numerous communications. Then, CAS only tried to correct its mistakes after several rounds of briefing had been submitted by the other parties. And further, once Ms. Chiles was finally notified, she had only a matter of hours to find representation to put forward her case. Even then, Ms. Chiles was only provided an incomplete record of the proceedings to that point. By excluding these critical facts, CAS misleadingly skews the record of the proceedings below. “Jordan will not give up her effort to make clear to the world that the procedures governing her case were one-sided and to fight so that truth will prevail,” stated Maurice M. Suh, a Gibson Dunn partner and counsel to Chiles.

Chiles and her legal team remain optimistic that justice will be served, Ms. Chiles’ bronze-medal performance will be recognized, and her medal reinstated. Chiles and her legal team also remain grateful for the unwavering support of the U.S. Olympic and Paralympic Committee (USOPC) and her family, teammates, coaches, and gymnastics fans across the globe.

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Please see link to the brief here:

Reply Brief

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