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Oct 19, 2022 •501 likes •642 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

  1. 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 Bonaventure, Montreal, Canada

  2. Genesis of the CAS ADD

  3. Two Phases of Results Management Phase 1 Phase 2 ADD IF • Testing of Samples • Adjudication of Alleged ADRVs • Review of TUEs • IF files as Claimant • Reporting of Results and Preparation of • Athlete acts as Respondent Testing Documentation • Hearing (by video) • Notification of Results to Athlete • Decision (2-3 weeks) • Negotiation of agreed-upon sanctions

  4. Global Objectives of CAS ADD • 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)

  5. Selecting an Arbitrator: Panel vs. Sole Arbitrator • 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)

  6. CAS ADD Legal Aid and Pro Bono Attorney Program • 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)

  8. The Past (2019), Present (2020) and Future… • CAS 2019/A/6148 WADA v. Sun Yang & FINA

  10. • 2020/O/6689 WADA v. RUSADA

  12. As always, we remain at your disposal for any questions! www.tas-cas.org

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