CAS 2017/A/4968, Alexander Legkov v. International Ski Federation (FIS), Award of 31 August 2017 (Operative part 29 May 2017). The International Ski Federation (FIS) imposed a Provisional Suspension on Alexander Legkov, a Russian cross-country skier, prior to charging him with an anti-doping rule violation and based only on allegations contained in the “Independent Person Report,” [...]
On 4 June 2018, WADA opened the second phase of the review process for the 2021 WADA Code (the ‘Code’),[1] by circulating the first draft of the new Code, along with the outcomes of the preliminary stakeholder consultation and a document summarizing the major proposed changes.[2] While WADA’s initial instructions to the drafting team were [...]
CAS 2017/A/5110, International Ski Federation (FIS) v. Therese Johaug & The Norwegian Olympic and Paralympic Committee and Confederation of Sports, August 21, 2017; CAS 2017/A/5110, Therese Johaug v. The Norwegian Olympic and Paralympic Committee and Confederation of Sports (NIF). This case involves a highly successful Norwegian skier, the multiple-time World Champion and Olympic medallist Ms. [...]
CAS 2016/A/4676, Arijan Ademi v. UEFA, 24 March 2017. In the Ademi award, the main issue in front of the CAS panel was whether the violation was 'not intentional', a question the panel had to resolve in absence of conclusive evidence as to how the substance entered the Athlete’s body. The award in essence asks: [...]
CAS Award: CAS 2016/A/4643, Maria Sharapova v. ITF, 30 September 2016. This Court of Arbitration for Sport (“CAS”) award puts (at least for the moment)[1] an end to Maria Sharapova (or the “Player”)’s doping ordeal stemming from her admitted Use of Meldonium, a substance added to WADA’s Prohibited List less than a month before she [...]
The Paolini decision, which was decided by the Union Cycliste Internationale’s (“UCI”) anti-doping tribunal (the “UCI Tribunal”) provides insight into the question of how Prohibited Substances used “recreationally” could be treated under the 2015 World Anti-Doping Code (the “WADC”). “Recreational” drug use was the subject of much debate among stakeholders during the WADC’s 2015 review [...]
In Fall 2015, WADA announced its decision to add the anti-ischemic drug “Meldonium” to its Prohibited List with effect on 1 January 2016, after the Monitoring Program and observation period 2015 revealed “evidence of its use by athletes with the intention of enhancing performance” (Explanatory Notice to the 2016 List). Few observers could have predicted [...]
CAS Award: CAS 2014/A/3615, WADA v. Lauris Daiders, Jànis Daiders, and FIM, January 30, 2015 While the fact pattern in this case – the unexplained presence of a Prohibited Substance allegedly attributable to supplement contamination – is not out of the ordinary, the thoroughness of the legal discussion undertaken by the CAS panel does stand [...]
CAS Award: CAS 2013/A/3437, International Shooting Sport Federation v. WADA, December 18, 2014. The granting of Therapeutic Use Exemptions (“TUE”) is an important aspect of an Anti-Doping Organization’s daily activities. It is also the only way for Athletes to receive medical treatment while staying active in competitive sport when they are obliged, for therapeutic reasons [...]
CAS Award: CAS 2014/A/3876, Stewart v. FIM, April 27, 2015. FACTS James Stewart, a professional motocross and supercross rider, had been regularly taking the medication “Adderall” since 2012,[1] when he underwent an In-Competition Doping Control test on 12 April at the 2014 AMA Supercross FIM World Championship.[2] In May 2014, an analysis of the rider’s [...]
