The Romanian Olympic and Sports Committee sent, on Thursday, through a press release, the support for the international legal actions taken in the case of the gymnast Ana Maria Barbosu, specifying that there is a financial support contract with the Romanian Gymnastics Federation for the representation at the Court of Sports Arbitration.
“COSR and FRG categorically reject any claim that the athlete was “left in the air” in her international legal proceedings. Between COSR and FRG there is a financial support contract in force, valid until 31.12.2026, with a clear and explicit destination: the further support of the international legal actions undertaken in the case of Ana Maria Bărbosu, including the coverage of the costs related to the procedures and legal representation and continuity mandates for the association Gherdan&Asociații SCA and Dr. Mădălina Diaconu SPLC Avocata&Notaires for the retrial of the OG 24/15 file before the Court of Arbitration for Sport (CAS), from Lausanne. The request for support came from the Romanian Gymnastics Federation“, the COSR press release states.
The institution also states that defending the interests of Romanian athletes is an institutional priority and the case of gymnast Ana Maria Bărbosu is treated with responsibility.
“This approach reconfirms the firm commitment of both organizations to defend the rights of the athlete and to use all available legal means to clarify the situation generated following the Olympic floor final of the Paris 2024 Olympic Games, where Ana Maria Bărbosu obtained the bronze medal after a CAS decision. The decision of the Swiss Federal Court to return the case to the CAS, after the review action brought by the Americans was admitted following the identification of procedural errors of communication in the original process, reopened the arbitral proceedings and returned the case to the analysis of the competent court. The Romanian Olympic and Sports Committee assures that this case – of gymnast Ana Maria Bărbosu – was and is still being handled with maximum responsibility, professionalism and transparency. COSR and FRG remain with the athlete not only through public statements, but through concrete and assumed actions, including financial and legal support. We reiterate the fact that defending the interests of Romanian athletes is an institutional priority, and any incomplete or erroneous information that may affect their image or the institutions involved must be corrected promptly“, the Romanian Olympic and Sports Committee sent, according to Agerpres.
The Swiss Federal Supreme Court (SFT) made the decision, at the beginning of February, to send the dispute related to the bronze medal in the floor final, in the women’s gymnastics competition at the 2024 Paris Olympic Games, for re-examination to the Court of Arbitration for Sport (TAS), which had awarded the medal to the Romanian Ana Bărbosu.
Barbosu initially placed third in the floor final, but dropped to fourth after the United States delegation appealed following the performance of its representative, Jordan Chiles. The American’s score was increased and she rose from fifth place to third.
Romania appealed to TAS, which decided that the initial mark of the American Chiles should be kept because the call of the US delegation was made after the one-minute deadline and therefore should not have been valid.
USA Gymnastics said it provided new video evidence that the first protest was communicated 47 seconds after the note was published, and a second protest eight seconds later. However, according to the American federation, the new evidence was not admitted by CAS.
The Swiss Federal Supreme Court announced, on Thursday, that it is sending the case back to TAS, “based on the audio-video recording discovered after the decision taken by TAS” in favor of Ana Bărbosu.
The Federal Court stated that it was likely that the audio-video recording would lead to a change in the decision of the TAS in favor of the applicants (Chiles and USA Gymnastics), given that the TAS could consider, in light of this recording, that the verbal request made to Jordan Chiles was made before the expiration of the regulatory time limit of one minute.
On August 5, 2024, in the floor final, Ana Bărbosu was awarded the bronze medal for a few tens of seconds, but the American Jordan Chiles filed an appeal and her mark was increased, from 13.666 to 13.766, so she finished in third position. Sabrina Maneca-Voinea also appealed for the grade she received (13.700), but it was rejected. Later, the Court of Arbitration for Sport (TAS) decided that the bronze medal should go to gymnast Ana Maria Bărbosu, who was followed in 4th place by Sabrina Maneca-Voinea and 5th by the American Jordan Chiles.
Later, both the US gymnastics federation and the Romanian gymnast Sabrina Maneca-Voinea appealed to the Swiss Federal Court.
Romania had not won an Olympic medal in artistic gymnastics since 2012 (London), when Sandra Izbașa won gold on vault, Cătălina Ponor won silver on floor, and Romania’s women’s team took bronze.
Eight lawyers for one case
TAS is going to re-judge the “Jordan Chiles – Ana Maria Bărbosu” trial for the bronze medal on floor, Paris Olympics 2024. The American has a team of first-class lawyers behind her.
In Federal Court, Jordan Chiles’ case was prepared by eight lawyers, drawn from three large firms: Jenner & Block: Dean Panos, Kenneth Beale, James Rogers, Schellenberg Wittmer: Elliott Geisinger, Christopher Boog, Philippe Bärtsch, Benjamin Gottlieb and Rubinstein ADR: Javier Rubinstein.
Founded in 1914, Jenner&Block is headquartered in Chicago and has offices in Washington, London, Los Angeles, New York and San Francisco, where it employs more than 500 attorneys. The firm’s portfolio includes complex litigation and representation in federal and international courts, important cases before the US Supreme Court, extensive services in commercial law, transactions, financial arrangements and international arbitration. The last one is exactly the field in which the “Chiles vs. Bărbosu” battle is taking place.
Among other things, the company was involved in famous cases in the US, such as anti-trust litigation (Microsoft), the US elections of 2000 (close race George W. Bush vs. Al Gore, decided in the Supreme Court following a conflict related to the votes in Florida, which decided the future president) or the bankruptcy of General Motors (saving the GM colossus through government intervention and reorganization).
At the same time, Kenneth Beale is rated among the greatest specialists in international arbitration, consistently rated in the last years in the Top 500 lawyers globally, writes GSP.
In addition, Jenner&Block was recently among the US law firms that President Donald Trump sought to block in federal courts through a series of executive orders.
