AIBA: Position of President Ching-Kuo Wu upheld by Swiss Court

By Dr. Thilo Pachmann & Alexander Theiler, Pachmann Attorneys, Zurich, Switzerland

The District Court of Lausanne has rejected a request for provisional measures by the so-called Interim Management Committee (IMC) within the AIBA, aiming to remove president Ching-Kuo Wu from his powers.

According to the Court Decision, dated 22 September 2017, Franco Falcinelli, Terry Smith, Pat Fiacco, Alberto Puig De La Barca and Mohamed Moustahsane were the driving force of the IMC and, therefore, personally must pay all the legal costs of the proceedings.

This Decision came without any reasons, which can be demanded by any party within 10 days after receipt of the order. Should either party do so, the Decision can be challenged in the High Court of the Canton of Vaud.

According to the official AIBA statement:

“The AIBA President looks to draw a line under the recent confusion and move forward alongside the 202-member National Federations for the good of boxing and the AIBA Family as a whole”. Furthermore, Wu stated that AIBA will now continue to follow its vision “without the unwelcome interference of the so-called IMC, whose legitimacy AIBA never recognised and was now formally been deemed illegal by the Swiss Court decision”.

However, with this Court Decision, President Wu remains only temporarily in power until an Extraordinary General Assembly will be held in October or November this year. It is expected that there will be a wide support of the IMC trying to overthrow President Wu.

Last month, it was revealed that already 81 Federations including highly influential nations, such as China, Russia and the US, have expressed their intention of impeaching President Wu. With the participation of only 126 Federations in the last Congress, a majority voting against Wu is, therefore, very likely.

There is no further news on the criminal proceedings initiated against the AIBA Vice-President Falcinelli. He has been alleged to have given a “death warning” to an AIBA staff member, yet denying any wrongful conduct.

AIBA “will continue to focus on delivering its next major international event, the 2017 Youth Women’s World Championships in India in mid-November, to the highest level”.

But we await the Extraordinary General Assembly and wonder how many Federations will support President WU notwithstanding this Court Decision!

 

The authors may be contacted by e-mail at ‘thilo.pachmann@pachmannlaw.ch’ and ‘alexander.theiler@pachmannlaw.ch’