The Court of Arbitration for Sport (CAS) has rejected the urgent request for provisional measures presented by Boca Juniors, with which this club is asked to suspend the second leg of the Libertadores Cup final, played tomorrow this club against River Plate in the estadio Santiago Bernabéu. The club xeneize filed Friday an appeal to the CAS, together with an urgent application for provisional measures. It is this last application which has been rejected today, it clarifies the Court sporting in a press release.
the legal basis of the appeal will be reviewed at a later date by a Training Arbitration of the TAS. The arbitration procedure will continue its course with the exchange of writings, stresses the press release. Mouth turned to the TAS after the Appeals Chamber of the South american Football Confederation (Conmebol) withdrawn on Thursday the appeal filed on 30 November for the club in buenos aires.
Boca Juniors requested the Conmebol that will disqualify the River Plate in the Copa Libertadores 2018 by the events that occurred before the dispute of the second leg of the final, the 24th of November at the Monumental stadium, when he was attacked the bus that brought the players xeneizes to the stadium. Mouth requested the Court to apply the same criterion as in the clash between River and Boca in the Libertadores of 2015, when he qualified for quarters following the disqualification of Mouth. On that occasion the match was suspended after an attack with pepper gas, to Canlı Bahis the players of River at The Bombonera, and the Conmebol decreed to Mouth loser by 3-0.
The application of Mouth was turned down in first instance by the Disciplinary Tribunal of Conmebol 29 November 2018 and, subsequently, by the Chamber of Appeals of Conmebol, on the 6th of December 2018.
The TAS, which has its headquarters in Switzerland, has rejected apply precautionary measures, but has yet to study the Appeal against the decision of the Conmebol. Once received an appeal, the Court of Arbitration shall appoint a panel of three arbitrators. Each of the parties to the dispute -in this case would be the Conmebol and Boca Juniors – choose one from the extensive list of the TAS and the appeals division of the TAS shall appoint the third, who acts as president. The parties shall be summoned to a hearing where they can present evidence and argue their positions.
Though usually the decisions of the panel are communicated a few weeks after, in some cases, appeals are issued on the same day on which hearing is held. The arbitrators will rely to make its decision on the provisions of the agency involved in the appeal, the Conmebol, and secondarily on the law of the country in which it is located, in this case Paraguay. Only in the case of sporting events, and exceptional, such as the Olympic Games, the TAS creates ad hoc tribunals that function continuously and make decisions with great haste. In this way, it may be the case that Ríver was proclaimed the champion in the Santiago Bernabéu stadium and was disqualified days later.
