By Paul David
Doping is the largest challenge dealing with game. the realm Anti-Doping Code has been followed through wearing organizations world wide at either nationwide and foreign point to supply a constant and harmonised method of anti-doping measures. The adoption of the Code, and its interpretation and alertness through the court docket of Arbitration for activity, has caused nice alterations in activities legislation. This ebook presents a advisor to the Code, illustrated via summaries of choices by way of the court docket of Arbitration for recreation and nationwide point tribunals which express the Code in operation. it is going to support all these interested in activity, no matter if as directors, coaches or gamers, including those that recommend within the region 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 return into strength through January 2009.
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Extra info for A Guide to the World Anti-Doping Code: A Fight for the Spirit of Sport
14 Applications can be made for provisional measures. Ordinary arbitrations: special provisions The special provisions applicable to the Ordinary Arbitration Procedure provide for the form of the Request for Arbitration, the appointment of arbitrators from the list of CAS arbitrators, and the procedure for hearings. The law applicable to the merits of the dispute will be the law chosen by the parties or, in the absence of such choice, will be Swiss law. The parties may authorise the Panel to decide the dispute ex aequo et bono.
28 The principle of strict liability was established and applied in relation to many anti-doping regimes, including the OMADC. In the doping context, strict liability meant that the initial burden of proving the presence of a prohibited substance in the body of the athlete fell on the organisations bringing the allegation, whether international federations or the IOC or other organisations. The presence of a prohibited substance was a matter which had to be considered and determined objectively on the results of the testing process.
Q won gold medal. USA Shooting said did not wish to take up the right to have a third party represent them in the testing of the ‘B’ sample. Agreed to the nomination by UIT of an observer. ‘B’ sample confirmed ephedrine to reasonably high levels. Decision made by International Shooting to suspend Q for the inadvertent use of medication for three months, disqualify his results and order the return of his medal. As a result, because the event had been designated as an event in which Olympics’ quota places could be earned, USA Shooting lost country quota place.