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LawInSport Weekly News Recap - 8 October

LIS News Roundup

Welcome to LawInSport’s weekly News Roundup.  This recap highlights this week’s news pieces from across the world of sport. For further updates, please visit our news section.

We hope you find this useful. If you have any related questions or feedback, please don’t hesitate to contact us. 

CAS Bulletin 2021/1

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In this Olympic year, the Court of Arbitration for Sport (CAS) has opened two temporary offices in Japan for the Tokyo 2020 Olympic Games (the Games) which have been postponed due to the coronavirus pandemic and have been held this year from 21 July to 8 August 2021.

CAS confirms the two-year period of ineligibility imposed on Shayna Jack

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The Court of Arbitration for Sport (CAS) has dismissed the appeals filed by Sports Integrity Australia (SIA) (formerly, the Australian Sports Anti-Doping Authority (ASADA)) and the World Anti-Doping Agency (WADA) against the first instance decision issued by the CAS Oceania Registry on 16 November 2020 (the Appealed Decision) in which the Australian swimmer, Shayna Jack, was found to have violated Article 2.1 of the Swimming Australia Ltd Anti- Doping Policy 2015 and was suspended for a period of two years, commencing on 12 July 2019.

CAS upholds the appeal filed by FAA & Nedim Bajrami for change of association from Switzerland to Albania

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Lausanne, 30 August 2021 - The Court of Arbitration for Sport (CAS) has issued its decision in the appeal filed by the Football Association of Albania (FAA) and the player Nedim Bajrami against the decision issued by the Single Judge of the FIFA Players’ Status Committee dated 27 May 2021 (the Challenged Decision). In the Challenged Decision, the request filed by the FAA in respect of Mr Bajrami for change of association from Switzerland to Albania was denied.

Anti-Doping notification: Russian athlete Vladimir Turbayevskiy

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World Triathlon hereby reports that Russian athlete Vladimir Turbayevskiy has been suspended of competition after the decision of the CAS Anti-Doping Division that finds him guilty of an ADRV pursuant to Article 2.2 of the Anti-Doping rules (ADR) in connection with abnormalities in the haematological module of the Athlete Biological Passport (ABP) based on abnormalities detected in blood samples collected in June and July 2014 and in August 2020 all of which indicate blood manipulation.

The CAS Ad Hoc Division dismisses the application filed by Yuberjen Martínez, the Colombian National Olympic Committee and the Colombian Boxing Federation

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Tokyo, 5 August 2021 – The Ad Hoc Division of the Court of Arbitration for Sport (CAS) has dismissed the application filed on 4 August 2021 by the Colombian boxer Yuberjen Martínez, the Colombian National Olympic Committee (Colombian NOC) and the Colombian Boxing Federation (CBF) (the Applicants) against the IOC Boxing Task Force in relation to the Quarter Final bout in the Men’s Fly (48-52kg) competition at the Olympic Games Tokyo 2020 between Yuberjen Martínez and Japanese boxer Ryomei Tanaka.

WADA statement regarding CAS hearing – WADA v Sun Yang and FINA

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The World Anti-Doping Agency (WADA) welcomes the ruling of the Court of Arbitration for Sport (CAS) in the case of WADA’s appeal against the Fédération Internationale de Natation (FINA) disciplinary panel decision related to an incident that led to a doping control involving Chinese swimmer Sun Yang not being completed as planned.

The Anti-Doping Division of the Court of Arbitration for Sport imposes an 18-month period of ineligibility on Andrejs Rastorgujevs (Latvia) following 3 whereabout failures in 12 months

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The Anti-Doping Division of the Court of Arbitration for Sport (CAS ADD) has issued the following decision in relation to the Latvian biathlete Andrejs Rastorgujevs:

  • The Request for Arbitration filed by the International Biathlon Union on 3 May 2021 is partially upheld.

  • Andrejs Rastorgujevs is found to have committed an anti-doping rule violation pursuant to Article 2.4 of the IBU ADR (three Whereabouts Failures within a 12-month period).

  • Andrejs Rastorgujevs is sanctioned with a period of ineligibility of eighteen (18) months.

  • The period of ineligibility shall commence on 11 March 2021, which is the start date of

    the provisional suspension imposed on Andrejs Rastorgujevs.

  • All competitive results obtained by Andrejs Rastorgujevs from 1 July 2020 until the date

    on which the CAS ADD decision enters into force are disqualified, with all resulting consequences including forfeiture of medals, points and prizes.

CAS confirms the four-year ban imposed on Dr. Jeffrey Brown and Alberto Salazar for anti-doping rule violations

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Lausanne, 16 September 2021 - The Court of Arbitration for Sport (CAS) has ruled that the physician and endocrinologist, Dr. Jeffrey Brown, and the former elite-level long distance runner and head coach of the Nike Oregon Project (NOP), Alberto Salazar (the Appellants), committed a number of anti- doping rule violations (ADRVs) and has confirmed the four-year bans imposed on them in the decisions issued on 7 September 2019 (Brown) and 30 October 2019 (Salazar) by the American Arbitration Association, North American Court of Arbitration for Sport Panels (the Challenged Decisions). As a consequence, the relief requested by Dr. Brown/Mr. Salazar, on one hand, and by the United States Anti-Doping Agency (USADA), on the other hand, in their respective appeals has been rejected.

Statement on Shayna Jack decision

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Sport Integrity Australia acknowledges the decision made by the Court of Arbitration for Sport to maintain the 2 year sanction imposed on Shayna Jack following an appeal process.

FIFA welcomes CAS decision on qualifying matches

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FIFA welcomes today’s ruling by the Court of Arbitration for Sport (CAS) rejecting the Spanish LaLiga’s request to set aside the decision by FIFA to extend the international window for the FIFA World Cup™ qualifiers in South America by two days.

The CAS Ad Hoc Division rejects the applications filed by the National Olympic Committees of Belgium and the Netherlands: 4 x 400m mixed relay final results unchanged

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Tokyo, 2 August 2021 – The Ad Hoc Division of the Court of Arbitration for Sport (CAS) has issued its decision in the following matters:

CAS OG 20/10 National Olympic Committee of Belgium (NOC Belgium) v. World Athletics (WA) & United States Olympic and Paralympic Committee (USOPC) & National Olympic Committee of the Dominican Republic (NOC Dominican Republic)

The CAS Ad Hoc Division dismisses the application filed by Jennifer Harding-Marlin (St Kitts and Nevis)

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Tokyo, 19 July 2021 – The Ad Hoc Division of the Court of Arbitration for Sport (CAS) has issued its decision in the matter OG 20/03 Jennifer Harding-Marlin v. St Kitts & Nevis Olympic Committee (SKNOC) & International Swimming Federation (FINA). The International Olympic Committee (IOC) and the St. Kitts & Nevis Swimming Federation (SKSF) were involved in the procedure as interested parties.

IOC statement on the case of Canadian Boxer Mandy Bujold

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Only the operative part of the CAS award in this specific case has been notified so far. As the situation stands, it may imply the IOC having to make decisions that would prove detrimental to other athletes from the Americas. Under these circumstances, the IOC has decided, as a matter of exception, to accept the entry of Ms Bujold for the upcoming Tokyo 2020 Olympic Games.

Salwa Eid Naser (Bahrain) found guilty of an Anti-Doping Role Violation (whereabout failures) by CAS

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Lausanne, 30 June 2021 - The Court of Arbitration for Sport (CAS) has upheld the appeals filed by World Athletics (WA) and the World Anti-Doping Agency (WADA) against the decision issued by the World Athletics Disciplinary Tribunal on 14 October 2020 (the Challenged Decision) in which it was determined that Ms Salwa Eid Naser had not committed an Anti-Doping Rule Violation (ADRV) in relation to an alleged filing failure and missed tests between March 2019 and January 2020.

The Court of Arbitration for Sport (CAS) reduces the life ban imposed on Samon Siasia to five years

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The Court of Arbitration for Sport (CAS) has issued its decision in the appeal filed by the Nigerian football coach Samson Siasia against the decision rendered by the Adjudicatory Chamber of the Fédération Internationale de Football Association (FIFA) on 11 April 2019 (the Challenged Decision). In such decision, Samson Siasia was found guilty of infringement of article 1 (bribery) of the 2009 FIFA Code of Ethics and sanctioned with a life ban from taking part in any kind of football-related activity at national and international level (administrative, sports or any other) and a fine of CHF 50,000 was imposed on him.

Shelby Houlihan found guilty of an Anti-Doping Rule Violation by the Court of Arbitration for Sport (CAS)

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The Court of Arbitration for Sport (CAS) has issued its decision in the arbitration procedure between the US track and field athlete Shelby Houlihan and World Athletics (WA):

  • Shelby Houlihan is found to have committed an anti-doping rule violation (ADRV) pursuant to Rule 2.1 and Rule 2.2 of the World Athletics Anti-Doping Rules. • Shelby Houlihan is subject to a period of ineligibility of four (4) years starting on 14 January 2021. 
  • All competitive results obtained by Shelby Houlihan from 15 December 2020 through to 14 January 2021 are disqualified, including forfeiture of any titles, awards, medals, points and prize and appearance money obtained during this period.

CAS dismisses the 2nd appeal of Blake Leeper

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The Court of Arbitration for Sport (CAS) has dismissed the appeal filed on 1 May 2021 by US bilateral transtibial amputee sprinter Blake Leeper against the decision taken by the Mechanical Aids Review panel established by World Athletics (WA) dated 26 April 2021 in which the athlete’s 24 December 2020 application to run at WA-sanctioned events on Running Specific Prostheses (RSPs) that give him an overall standing height of 185.42 cm (6’1”) was denied. The WA panel did so on grounds that the height of the proposed RSPs conferred upon Mr Leeper an “overall competitive advantage over an athlete not using such aid” and were accordingly “not allowed” by Article R6.3.4 of WA’s Technical Rules. Accordingly, the decision rendered by the WA Mechanical Aids Review panel on 26 April 2021 is confirmed by CAS.

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