By Paul David
Doping is the most important challenge dealing with game. the realm Anti-Doping Code has been followed through wearing corporations world wide at either nationwide and overseas point to supply a constant and harmonised method of anti-doping measures. The adoption of the Code, and its interpretation and alertness by way of the courtroom of Arbitration for game, has caused nice alterations in activities legislation. This e-book presents a consultant to the Code, illustrated via summaries of selections by way of the court docket of Arbitration for activity and nationwide point tribunals which express the Code in operation. it's going to support all these curious about activity, no matter if as directors, coaches or avid gamers, including those that propose within the sector and people attracted to the operation of the present anti-doping regime. The publication additionally explains the Amendments to the Code agreed in 2007 that are scheduled to come back into strength by means of January 2009.
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Additional resources for A Guide to the World Anti-Doping Code: A Fight for the Spirit of Sport
G. G v. FEI, 1st Civil Division of the Swiss Federal Tribunal, 15 March 1993, CAS Digest I 1986–1998, p. 545; N v. FEI, 1st Civil Division of the Swiss Federal Tribunal, 31 October 1996, CAS Digest 1986–1998, p. 585; N, J, Y, W v. FINA, 2nd Civil Division of the Swiss Federal Tribunal, 31 March 1999, CAS Digest 1998–2000, p. 767; A and B v. IOC and FIS, 1st Civil Division of the Swiss Federal Tribunal, 27 May 2003, CAS Digest 2001–2003, p. 674. The above cases all concern public law appeals to the Swiss Federal Supreme Court seeking to set aside CAS awards which are international arbitration awards under the Swiss Code on Private International Law.
G. CAS 2000/A/317, A v. FILA, Award of 9 July 2001. g. CAS 2000/A/289, UCI v. C and FCC, CAS 2003/ A/507, Strahya v. FINA, where new FINA Rules giving two-year suspension consistent with the Code were applied, although at the time of the violation the regime imposed a four-year period of ineligibility. g. N, J, Y and W v. FINA, 31 March 1999, 2nd Civil Division of Swiss Federal Tribunal, where an appeal against a CAS award by four Chinese swimmers was dismissed on the grounds that the principle of strict liability with the shifting of the onus to the athlete could not be said to infringe the fundamental principles of Swiss law and gave grounds to set aside the CAS award on the ground that it was contrary to public policy.
A complete investigation by an appeal authority which has full power to hear the case remedies the flaws in the procedure at first instance such as the violation of the right to a hearing. Appellant challenged whether the analysis supported the finding that there was a prohibited substance. This turned on analysing the approach in relation to testing for levels of nandrolone. CAS held that the evidence supported the finding that a prohibited substance was in the appellant’s body and that it had not been produced naturally.