Khudyakov had appealed his omission from the start list to the Court of Arbitration for Sport's (CAS) Ad Hoc Division here, but CAS confirmed the matter has now been settled amicably. 

Twenty-seven-year-old Khudyakov won gold at the Asian Open Water Swimming Championships in April 2019, which he believed to be an Olympic qualification event.

However, on July 16 of this year, the International Swimming Federation (FINA) told the Swimming Federation of the Republic of Kazakhstan that the event was not in fact a qualifier, the CAS said.

The CAS was due to decide if the event should count towards the qualification process before the solution was agreed.

"Further to the filing of an application at the CAS Ad Hoc Division by Vitaliy Khudyakov, the International Olympic Committee has granted an additional quota place to FINA for the men's 10km marathon swimming event at the Tokyo Olympic Games," CAS said. 

"FINA has offered this quota place to the Kazakhstan Swimming Federation and the Kazakhstan Olympic Committee should nominate Vitaliy Khudyakov for this quota place. 

"Accordingly, Vitaliy Khudyakov's application to the CAS Ad Hoc Division has become moot and has been withdrawn by the athlete."

The men's Olympic 10km race here is scheduled for August 5 at Odaiba Marine Park.

Khudyakov competed in the event at the Rio 2016 Olympics but was disqualified for receiving two yellow flags.