A Brief Review of CAS Doping Jurisprudence Issues,

Authors

Mitten, Matthew J.

Abstract

This article briefly summarizes several leading, recent Court of Arbitration for Sport arbitration awards interpreting and applying the 2015 World Anti-Doping Code (WADC) and, in a few instances, its 2009 or 2003 prior versions. It provides a primer regarding various issues frequently arising in Olympic and international sports doping cases, including proof of Anti-doping Rule Violations (ADRVs) by nonanalytical positive evidence; rebuttal of presumed intentional ADRVs; proof of an athlete’s no fault or no significant fault; determination of an athlete’s appropriate period of ineligibility less than the presumptive standard sanction for an ADRV; and determination of the appropriate period of disqualified competition results and period of ineligibility start date. It also identifies and describes other CAS awards resolving important WADC issues, including the International Olympic Committee’s broad authority to retest athlete samples from prior Olympic Games for the presence of prohibited substances and to retroactively invalidate athlete competition results.

Recommended Citation

Mitten, Matthew J., A Brief Review of CAS Doping Jurisprudence Issues,, 61 Santa Clara L. Rev. 307 (2021).
Available at: https://digitalcommons.law.scu.edu/lawreview/vol61/iss1/10