An Introduction to the Court of Arbitration for Sport Anti- Doping - - PowerPoint PPT Presentation

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Oct 19, 2022 501 likes •646 views

An Introduction to the Court of Arbitration for Sport Anti- Doping Division (CAS ADD) and Other CAS Doping Procedures Prepared for the Public Seminar hosted by the SDRCC and CAS Brent J. Nowicki, Managing Counsel (CAS) 30 January 2020, Hotel

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Prepared for the Public Seminar hosted by the SDRCC and CAS Brent J. Nowicki, Managing Counsel (CAS) 30 January 2020, Hotel Bonaventure, Montreal, Canada

An Introduction to the Court of Arbitration for Sport Anti- Doping Division (CAS ADD) and Other CAS Doping Procedures

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Genesis of the CAS ADD

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Adjudication of Alleged ADRVs
IF files as Claimant
Athlete acts as Respondent
Hearing (by video)
Decision (2-3 weeks)

ADD IF

Two Phases of Results Management

Testing of Samples
Review of TUEs
Reporting of Results and Preparation of

Testing Documentation

Notification of Results to Athlete
Negotiation of agreed-upon sanctions

Phase 1 Phase 2

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Independent adjudication by anti-doping specialists
Simplification of the anti-doping procedures
Reduction of the number of instances
Harmonization of decisions and principles
Savings (time and money)

Global Objectives of CAS ADD

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Sole Arbitrator by Default (A16)
Appointed by mutual agreement of the parties, failing such agreement by the

President of the CAS ADD from CAS ADD list of Presidents/Sole Arbitrators (A16)

Maintain Right of Appeal (A15)
Request for Three-Member Panel (A14 & A15)
Each party nominates an arbitrator from CAS ADD list; President nominated by

mutual agreement of the parties, failing such agreement by President of the CAS ADD from CAS ADD list of President/Sole Arbitrators (A15)

Waiver of Right of Appeal to CAS Appeals Division (i.e. “Sole Instance”) (A15)

Selecting an Arbitrator: Panel vs. Sole Arbitrator

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Athletes may apply for legal aid which, if granted, provides financial

assistance for retaining experts, travel and other related costs associated with a hearing, interpretation services, pro bono counsel, etc. (A23)

Pro Bono Attorney Program provides access to list of attorneys with

experience in sports law and arbitration, with speciality in anti-doping areas (A23)

CAS ADD Legal Aid and Pro Bono Attorney Program

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CAS 2019/A/6148 WADA v. Sun Yang & FINA

The Past (2019), Present (2020) and Future…

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2020/O/6689 WADA v. RUSADA

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