CAS dismisses Bin Hammam appeal on provisional measures

On 30 September 2011, the Court of Arbitration for Sport (CAS) in Lausanne (Switzerland) rejected an appeal on provisional measures filed by Mohamed Bin Hammam on 19 August 2011 against the Asian Football Confederation (AFC).
Since the decision of the FIFA Ethics Committee on 29 May 2011 to provisionally ban Mr Bin Hammam from all football activities worldwide, AFC Acting President Zhang Jilong has deputised carrying out the daily duties and responsibilities of the AFC President as prescribed by the AFC Statutes.
And, following the FIFA Ethics Committee decision of 23 July 2011, which banned Mr Bin Hammam from all football activity for life, Mr Jilong was confirmed by the AFC Executive Committee unanimously as the AFC delegate to the FIFA Executive Committee. Mr Bin Hammam’s life ban was confirmed by the FIFA Appeals Committee on 15 September 2011.
The CAS appeal of Mr Bin Hammam challenged Mr Jilong’s designation as AFC Acting President, and nomination by the AFC Executive Committee to the FIFA Executive Committee. Mr Bin Hammam requested the CAS to annul the AFC Executive Committee’s decision and recognise only himself (Mr Bin Hammam) as the AFC President and representative on the FIFA Executive Committee. Mr Bin Hammam also requested a stay order (provisional measures) pending the final CAS hearing.
AFC has strictly followed the AFC Statutes at all times in relation to Mr Jilong’s designation as AFC Acting President and nomination to the FIFA Executive Committee. Hence, AFC welcomes the CAS decision on provisional measures and is confident of its prospects of success at the CAS hearing on the merits of the appeal.
The CAS decision to dismiss Mr Bin Hammam’s request for a provisional stay is a procedural order and not an award, meaning that it is not subject to further appeal