Can an Athlete be Provisionally Suspended before (even) being charged with an anti-doping rule violation?
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, [...]
First draft of the 2021 World Anti-Doping Code: Not so light of a review?
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 [...]
The Johaug CAS award: Too harsh?
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 [...]
The Ademi CAS award: One substance? No source? No problem.
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 [...]
The Significance of Maria Sharapova’s Fault
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 [...]
Cocaine blues: What the Paolini case suggests about “recreational” drug use under the 2015 World Anti-Doping Code
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 [...]
Meldonium and Moral Fault: Five Lessons Learned from the Sharapova ITF Tribunal Decision
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 [...]
Talk is Cheap: The Daiders CAS Award on the Evidence Needed for a Contaminated Supplement Defense
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 [...]
The ISSF v. WADA CAS Award: Another Therapeutic Use Exemption Request for Beta Blockers Shot Down
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 [...]
The Stewart CAS Award: “Paperwork” Violations and Principles Surrounding “Retrospective” Therapeutic Use Exemptions
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 [...]