In a decisive ruling on Monday, the Court of Arbitration for Sport (CAS) Ad Hoc Division concluded that it lacks jurisdiction to hear the dispute brought forward by Jamaican hammer thrower Nayoka Clunis. The decision came after a detailed examination of the timeline and events leading up to the application filed by Clunis on July 18, 2024.

On July 4, 2024, Clunis's name was omitted from the list sent to World Athletics (WA). By July 7, she was informed by the JAAA that her name was missing from the list, and on July 8, WA confirmed that her name could not be added. Despite Clunis's contention that the dispute only crystallized when she received detailed submissions from WA on July 19, the CAS determined that the dispute had arisen earlier.

The CAS proceedings began on July 18, 2024, with a videoconference hearing on July 20. The parties involved included Clunis and her counsel Dr Emir Crowne and Sayeed Bernard, representatives from the JAAA, the International Olympic Committee (IOC), WA, and the Jamaica Olympic Association (JOA). The panel, consisting of President Dr. Annabelle Bennett and arbitrators Ms. Carine Dupeyron and Ms. Kristen Thorsness OLY, found that the timeline of events placed the dispute outside their jurisdiction.

Clunis's submission stated that due to an administrative error and the impact of Hurricane Beryl, her name was not submitted to WA for the Paris Olympic Games. She argued that this exceptional situation warranted the CAS Ad Hoc Division's intervention to prevent an unjust outcome. However, the IOC and WA contested the jurisdiction, pointing out that the dispute arose before the 10-day window preceding the Opening Ceremony.

The CAS panel reviewed the chronology of events, noting key dates such as World Athletics (WA’s) confirmation of qualified athletes on July 5 and the JAAA’s attempts to rectify the error from July 6 onwards. The dispute, according to the CAS, did not arise when Clunis received the detailed correspondence but rather when she was first informed of the omission.

Ultimately, the CAS concluded that it had no jurisdiction as the dispute arose before the 10-day period leading up to the Olympics. The panel acknowledged the unfairness to Clunis, who was deprived of the opportunity to compete due to circumstances beyond her control. Despite recognizing the hardship, the CAS emphasized that jurisdiction could not be assumed where it does not exist under the rules.

Mike Morgan and Ben Cisneros appeared for the JAAA; Antonio Rigozzi and Eolos Rigopoulos for the IOC, Ian Wilkson for the JOA and Catherine Pitre (Counsel) and expert witnesses Carlo de Angeli and Marton Gyulai for World Athletics.