1. FACTS

1.1 The Applicant, Mr Denis Lynch is an international equestrian show jumping rider of Irish Nationality. He wishes to compete for Ireland in the individual equestrian show jumping event at the 2012 London Olympics which commences on 4 August 2012 ("the event").

1.2 The first Respondent, Horse Sport Ireland Limited ("HSI"), is the governing body for equestrian sport in Ireland. HSI is the body entitled to nominate Irish athletes for selection in equestrian events to the Olympic Council of Ireland ("OCI") which is the second Respondent to this appeal. OCI is the only body which has the power to select athletes to represent Ireland at the London Olympics. It can only select equestrian athletes, or combinations of athletes and horses, who are nominated for selection by the HSI and, even if an athlete or combination is nominated, OCI maintains an absolute discretion to refuse to select the nominated athlete (see clauses 1.1 and 1.5 of "Agreement for the selection of athletes for the Sport "Equestrian" made on 9 August 2010 between HSI and OCI- "the Agreement").

1.3 In accordance with the Agreement, the first Respondent published Selection Criteria for Showjumping the London Games 2012 (the "Nomination Criteria") in March 2012. Under the Nomination Criteria, the Chef d'Equipe is responsible for picking the horse/rider combinations for nomination to the Second Respondent. As per paragraph 1.3 of the Nomination Criteria, "these combinations will be proposed to the OCI by HSI. The proposed combinations shall be subject to approval of the OCt." Although the Nomination Criteria speak in terms of "selection", it is clear, as the parties have accepted, that where the word "selection" is used, it is used in the sense of selection for nomination rather than actual selection for the Olympic Team which, as stated, is at the sole discretion of OCI (see e.g. clauses I .2 and I .3 of the Nomination Criteria).

1.4 It is common ground, or beyond dispute, that the Agreement and the Nomination Criteria are contractually binding upon the Applicant and HSI.

1.5 In accordance with the Nomination Criteria, on 29th June 2012 the first Respondent decided to nominate the Applicant and his horse, Abbervail van het Dingheshof, as one of the two combinations for selection in the event. It was also decided to nominate Billy Twomey and Tinka's Serenade. These nominations were communicated by the first Respondent as the shortlist of riders who were in contention to be nominated so as to allow riders not selected to appeal.

I .6 As of 10 July 2012, OCI had not exercised its power to select the Applicant for the event and, indeed, in circumstances more fully explained below, on 6 July 2012, HSI wrote to the OCI requesting that it delay" ratifying" the nomination of the Athlete, (that is selecting him for the London Olympics), pending HSI's consideration of the disqualification of the horse "Lantinus" at a show jumping event in Aachen in July 2012.

1.7 At the Aachen event, Lantinus was disqualified for hypersensitivity of its legs based upon a report of the Veterinary Commission CHIO Aachen 2012 ("the Veterinary Commission Report"). The Veterinary Commission Report stated that the precise cause of the hypersensitivity could not be established.

Hypersensitivity is an extremely serious condition affecting horses in show jumping. It refers to tenderness, pain or soreness in a horse's legs which can be caused by natural causes, by less than perfect animal husbandry, or it can be deliberately induced or caused.