By Paul David
"Doping is the largest challenge dealing with recreation. the area Anti-Doping Code has been followed by means of wearing companies world wide at either nationwide and overseas degrees to supply a constant and harmonised method of anti-doping measures. The adoption of the Code, and its interpretation and alertness by means of the court docket of Arbitration for activity, have caused nice alterations in activities legislations. This booklet presents a consultant to the Code, illustrated via summaries of selections by way of the courtroom of Arbitration for recreation and national-level tribunals which express the Code in operation."--BOOK JACKET. Read more...
The improvement of ideas when it comes to anti-doping regimes : the position of the court docket of Arbitration for recreation --
Overview of the Code and the area Anti-Doping application --
The overseas criteria in additional aspect --
The nature of the Code and its interpretation and alertness --
Articles 1 and a couple of of the Code : anti-doping rule violations less than the Code --
Article three of the Code : the evidence of anti-doping rule violations lower than the Code --
Responsibility for trying out and investigations, effects administration, and hearings --
Sanctions for anti-doping rule violations : Articles nine and 10 of the Code --
Article thirteen : appeals lower than the Code --
Challenges to the Code within the courts --
The means forward : the 2009 Code.
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Additional info for A guide to the World Anti-Doping Code : a fight for the spirit of sport
The parties may authorise the Panel to decide the dispute ex aequo et bono. 15 The costs of an arbitration in the ordinary division are determined under Rule 64. The award determines which party shall bear the arbitration costs and in what proportion. Generally, the award grants the prevailing party a contribution to its legal fees and other expenses, taking into account the outcome of the proceedings, as well as the conduct and financial resources of the parties. Appeal arbitrations – special provisions The special provisions applicable to the Appeal Arbitration Procedure provide for an appeal to be filed against the decision of a federation, 14 15 For an example of an application for provisional measures in a doping matter which was dismissed, see CAS 2000/A/274, S v.
187 at pp. 193–4. 28 a g u id e to t he worl d an t i- d o pi n g cod e of the disciplinary sanctions which might be imposed upon an athlete. Some CAS Panels held that they had the power to vary sanctions which were fixed in anti-doping regimes to provide for the particular circumstances of individual cases. 37 Pre-Code CAS awards illustrating fundamental principles Strict liability: rationale and need for clear rules CAS 94/129, USA Shooting and Quigley v. International Shooting Union (‘UIT’), Award of 23 May 1995, CAS Digest I, page 187 Q competed as a member of USA Shooting team in men’s skeet event.
Xxxiii, a summary of the type of disputes submitted to CAS. 10 This concern led to a reform of CAS and the creation of the International Chamber of Arbitration for Sport (ICAS), a body of twenty high-level jurists appointed by the international federations, the Association of National Olympic Committees and the IOC and by the jurists appointed by those organisations. 11 Since the reorganisation of CAS, a challenge to its independence, where the IOC was a party to proceedings, was made by disqualified Olympic cross-country skiers who brought a public law appeal under the Swiss Federal Code on Private International Law12 from a CAS award.
A guide to the World Anti-Doping Code : a fight for the spirit of sport by Paul David