The Court of Arbitration for Sport (CAS) Confirms The Registration Of The Request For Arbitration Filed By US Swimmer Lia Thomas
The Court of Arbitration for Sport (CAS) confirms the registration of the request for arbitration filed by US transgender swimmer Lia Thomas (the Athlete), aimed at challenging certain parts of World Aquatics’ Policy on the Eligibility for the Men’s and Women’s Competition Categories in force as of 24 March 2023, and its associated Operational Requirements (the Challenged Provisions).
Ms Thomas accepts that fair competition is a legitimate sporting objective and that some regulation of transgender women in swimming is appropriate. However, Ms Thomas submits that the Challenged Provisions are invalid and unlawful as they discriminate against her contrary to the Olympic Charter, the World Aquatics Constitution, and Swiss law including the European Convention on Human Rights and the Convention on the Elimination of All Forms of Discrimination against Women; and that such discrimination cannot be justified as necessary, reasonable, or proportionate to achieve a legitimate sporting objective.
In bringing the matter before CAS, Ms Thomas seeks an order from the CAS declaring that the Challenged Provisions are unlawful, invalid, and of no force and effect.
The CAS arbitration proceedings commenced in September 2023. In accordance with the Code of Sportsrelated Arbitration, this “ordinary” arbitration procedure (i.e. not an appeal) was subject to strict confidentiality rules governing CAS procedures. The parties involved in this case have now agreed that general information concerning the procedure itself be communicated by the CAS Court Office. At this point, no hearing date has been fixed yet.
The registration of this case coincided with the reference number 10’000, which is the number of arbitrations (and former consultation procedures, but without ad hoc procedures and mediations) registered by the CAS since its creation in 1984. On 31 December 2023, the CAS had registered a total of 10’638 procedures (all included) since its creation and 943 in 2023 only.
Disciplinary Anti-Doping Committee of RAA RUSADA rendered the decision that made coach Ermakova Evgeniya (swimming) ineligible for 4 years for violation under cl. 4.8 of the All-Russian Anti-Doping Rules, the period commencing on June 01, 2023.
The International Swimmers’ Alliance welcomes FINA’s recently released reform committee report. The report identifies many of the widely held criticisms directed at the international federation that oversees aquatic sports on a global scale. The report also recommends steps that the organization can take to address the shortcomings and improve its overall performance.
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.
The Court of Arbitration for Sport (CAS) Ad Hoc Division Vitaliy Khudyakov (KAZ) v. FINA: case settled amicably
Tokyo, 26 July 2021 – The Ad Hoc Division of the Court of Arbitration for Sport (CAS) notes the withdrawal of the arbitration procedure: Vitaliy Khudyakov (KAZ) v. Fédération Internationale de Natation (FINA).
Lausanne, 19 July 2021 - The Court of Arbitration for Sport (CAS) has issued its decision in the urgent arbitration procedure between the Fédération Internationale de Natation (FINA) and the Russian athletes Veronika Andrusenko and Aleksandr Kudashev (collectively, the Athletes).
Statement from USADA CEO Travis T. Tygart on Testing for THC as Raised by the Sha’Carri Richardson Sanction Agreement Announcement
“As a follow up to last week’s release, we want to provide more information around the issue of THC positives and Sha’Carri Richardson’s sanction announcement.
Three-time Olympic champion Sun Yang will miss the Tokyo Olympics after the Court of Arbitration for Sport reduced his eight-year ban to four years and three months.
The International Paralympic Committee (IPC) announced on Thursday (15 October) the appointment of Craig Nicholson as Head of World Para Swimming.
The International Paralympic Committee (IPC) has banned Para swimming athlete Worawut Marnnok for a period of two years for committing an anti-doping rule violation (ADRV), in breach of the IPC Anti-Doping Code (Code).
The Thailand athlete returned an adverse analytical finding (AAF) for two Prohibited Substances in a urine sample provided in-competition on 3 August 2022 at the 11th ASEAN Para Games 2022 in Solo, Indonesia. The test was conducted by the Asian Paralympic Committee (APC) in its role as the Major Event Organisation for the 11th ASEAN Para Games.
The substances were chlorothiazide and hydrochlorothiazide. The substances are included on the World Anti-Doping Agency (WADA) 2022 Prohibited List under the class S5 (Diuretics and Masking Agents). They are both Specified Substances for the purposes of the Code.
The APC had initial results management authority for the athlete’s case, pursuant to the APC’s anti-doping rules, in relation to determining whether the athlete had committed an ADRV and the disqualification of any results from the 11th ASEAN Para Games.
The athlete was provisionally suspended by the APC on 29 September 2022 pending a resolution of his case.
On 31 March 2023, the APC issued a reasoned decision confirming that the athlete had committed an ADRV and disqualifying the athlete’s results from his competition at the 11th ASEAN Para Games, together with all resulting consequences, including forfeiture of all related medals, points and prizes.
Following this, the matter was transferred to the IPC as the international federation for the athlete’s sport (Para swimming) – to determine any further applicable consequences for the athlete, including any period of ineligibility as per the terms of the Code.
The athlete accepted the consequences proposed by the IPC in resolution of his case. As a result of his violation, the athlete will be ineligible for competition and other sporting activities (other than authorised anti-doping education or rehabilitation programmes) for two years from 29 September 2022 to 28 September 2024.
All results obtained by the athlete from the date the athlete’s sample was collected (3 August 2022) until the commencement of the Provisional Suspension (29 September 2022) were disqualified, with all resulting consequences, including forfeiture of any medals, points and prizes.
Each athlete is strictly liable for the substances found in their sample. An ADRV occurs whenever a prohibited substance (or its metabolites or markers) is found in their bodily specimen, whether or not the athlete intentionally or unintentionally used a prohibited substance or was negligent or otherwise at fault.
As a signatory of the World Anti-Doping Code (the WADC), the IPC remains committed to a doping-free sporting environment at all levels. The IPC has established the IPC Anti-Doping Code in compliance with the general principles of the WADC, including the WADC International Standards, expecting that, in the spirit of sport, it will lead the fight against doping in sport for athletes with an impairment.
USADA announced today that Wyatt Davis of Ann Arbor, Mich., an athlete in the sport of swimming, has accepted a three-month period of ineligibility for an anti-doping rule violation.
Davis, 22, tested positive for 11-nor-9-carboxy-tetrahydrocannabinol (Carboxy-THC), a urinary metabolite of Δ9-tetrahydrocannabinol (THC), the main psychoactive constituent of cannabis, marijuana, and hashish, above the urinary Decision Limit of 180 ng/mL, as the result of a sample collected in-competition at the Phillips 66 National Championships on June 30, 2023.
Cannabis, marijuana, and hashish are Specified Substances in the class of Cannabinoids and are prohibited in competition under the USADA Protocol for Olympic and Paralympic Movement Testing, the United States Olympic Committee National Anti-Doping Policies, and the World Aquatics Doping Control Rules, all of which have adopted the World Anti-Doping Code (the Code) and the World Anti-Doping Agency Prohibited List.
Under the 2021 Code, THC is classified under a special category, “Substances of Abuse,” that allows for a reduced three-month sanction if the athlete establishes that their use of the substance occurred out-of-competition and was unrelated to sport performance. The sanction may be further reduced to one month if the athlete satisfactorily completes a treatment program approved by USADA. While USADA will continue to advocate to WADA, the rule maker, to treat marijuana in a fairer and more effective way to identify true in-competition use, we will also continue to advocate that those in need receive treatment for substance use as needed and as required under the current rule.
Davis qualified for a reduced sanction because his use occurred out-of-competition and was unrelated to sport performance. Davis accepted a three-month period of ineligibility that began on January 2, 2024, the date he accepted the sanction. In addition, Davis has been disqualified from all competitive results obtained on and after June 30, 2023, the date his positive sample was collected, including forfeiture of any medals, points and prizes. While the matter was pending, USADA determined that Davis violated his provisional suspension by participating in an activity authorized/organized by a Code signatory’s member organization. Therefore, Davis did not receive credit for any time he spent provisionally suspended.
In an effort to aid athletes, as well as support team members such as parents and coaches, in understanding the rules applicable to them, USADA provides comprehensive instruction on its website on the testing process and prohibited substances, how to file and update athlete Whereabouts, how to obtain permission to use a necessary medication, and the risks and dangers of taking supplements, as well as performance-enhancing and recreational drugs.
In addition, USADA manages a drug reference hotline, Global Drug Reference Online (GlobalDRO.com), conducts educational sessions with National Governing Bodies and their athletes, and distributes a multitude of educational materials, such as a supplement guide, a nutrition guide, a clean sport handbook, and periodic alerts and advisories.
USADA makes available a number of ways to report the abuse of performance-enhancing drugs in sport in an effort to protect clean athletes and promote clean competition. Any tip can be reported using the USADA Play Clean Tip Center, by text at 87232 (“USADA”), by email at
USADA is responsible for the testing and results management process for athletes in the U.S. Olympic and Paralympic Movement and is equally dedicated to preserving the integrity of sport through research initiatives and educational programs.
28 September 2021, Naples, Italy: On the sidelines of season 3 of the International Swimming League, the recently announced ISA held its first post Olympics, in-person Board meeting. “With the Olympics now over, and most of the Board members in one city, it was the perfect opportunity to get together and build some momentum” said ISA founding Board member Brent Hayden.
The Swimming Australia Board agreed yesterday to work towards adopting the National Integrity Framework (NIF), including the operation of an independent complaints handling process to be managed by Sport Integrity Australia.
To promote greater gender diversity at the Olympic Games, the International Olympic Committee (IOC) has introduced multiple new mixed-gender events at the Olympic Games Tokyo 2020. They are providing an exciting new competition format and are often unpredictable and thrilling to the end for both competitors and fans.
The Court of Arbitration for Sport (CAS) Ad Hoc Division registers its seventh procedure; issues its decision in the matter CAS OG 20/04 Maxim Agapitov v. IOC
Tokyo, 24 July 2021 – The Ad Hoc Division of the Court of Arbitration for Sport (CAS) has registered a new arbitration procedure: Vitaliy Khudyakov (KAZ) v. Fédération Internationale de Natation (FINA).
Swimming Australia and the ASL have formed a strategic partnership to establish and operate a new, innovative national professional Australian Swimming League.
The International Swimming Federation (FINA) has confirmed that all athlete protests are banned from the podium and pool deck during the Tokyo Olympics.
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 Seven Network and Swimming Australia have agreed to terminate their broadcast partnership following Swimming Australia’s inability to hold the Olympic and Paralympic Swimming Trials in 2020 due to the COVID- 19 pandemic as required under Seven’s media rights agreement.