LAUSANNE: Sport’s supreme judicial body, the Court of Arbitration for Sport in Lausanne, has set out the detailed background to the case which is the first to be featured in a public hearing.
What is the case about? Following a conflictual anti-doping test, initiated on 4 September 2018 at the residence of Mr Sun Yang, resulting in the testing not being completed, the matter was referred to the International Swimming Federation (FINA) Doping Panel (FINA DP).
The FINA DP determined that the International Standard for Testing and Investigations (ISTI), the protocol adopted by the World AntiDoping Agency (WADA) for the conduct of doping controls, had not been properly followed in the circumstances and that accordingly, the sample collection was invalid. As a consequence, the FINA DP ruled that the athlete had not committed any anti-doping rule violation.
WADA filed an appeal at CAS against that decision, considering that Sun Yang voluntarily refused to submit to sample collection and requesting that a period of ineligibility of minimum 2 years and maximum 8 years be imposed on him.
The parties have exchanged written submissions to present all their arguments and requests. They are now called to appear at a hearing in the presence of the Panel of arbitrators. The hearing will give the opportunity to the CAS Panel to hear the parties, their witnesses and experts and to ask them questions.
Who will decide the case?
The Panel of arbitrators constituted to decide the matter is composed as follows:
Judge Franco Frattini, from Rome, Italy, Panel President Mr Romano F. Subiotto QC, Solicitor-Advocate in Brussels, Belgium and London, UK (appointed by WADA) Prof. Philippe Sands QC, Professor of Law and Barrister in London, UK (appointed by Sun Yang with the approval of FINA)
Mr Matthieu Reeb, CAS Secretary General, will supervise the organization and smooth running of the hearing. The Panel will be assisted by Mr Brent J. Nowicki, CAS Managing Counsel, and by an ad hoc clerk, Mr Dennis Koolaard.