Aussie swimmer D'Arcy faces the music as he fights for place at Olympic Games

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The Australian Olympic Committee will decide next week whether Nick D'Arcy can compete at the Beijing Olympic Games

But the Court of Arbitration for Sport (CAS) ordered the AOC to reopen the case because Coates did not have the authority to exclude him from the team.

The hearing will be conducted next week and D'Arcy's lawyer Jack Leitner said he was optimistic after Coates removed himself from the panel that will decide D'Arcy's fate and the board invited the swimmer to speak to them.

"We are hopeful that the issue of Nick's continuing membership of the team can be finalised at the forthcoming meeting of the AOC executive and that the 14 members of the AOC executive, who are to determine Nick's future, remain open to persuasion as to the merits of his case for inclusion," Leitner said in a statement.

D'Arcy was thrown off the team because of his alleged involvement in a brawl at a Sydney nightclub that left Cowley with serious facial injuries including a broken jaw and nose, fractured eye socket, crushed cheekbone and fractured palate.

D'Arcy, a university student, had been celebrating his inclusion in the Australian team for Beijing when a fight broke out.

He was charged by police and is due to face a Sydney court later this month. D'Arcy maintains his innocence and vowed to fight the charges, arguing that he had acted in self defence after Cowley had slapped him in the face.

The AOC excluded him from the Olympic team after carrying out a separate investigation but the case was thrown back to the AOC when CAS ruled that they had not followed their own guidelines.