The Anti-Doping Division of the Court of Arbitration for Sport (CAS ADD) has been established to hear and decide anti-doping cases as a first-instance authority pursuant to the delegation of powers from the International Olympic Committee (IOC), International Federations of sports on the Olympic programme (Olympic IFs), International Testing Agency (ITA) and any other signatories to the World Anti-Doping Code (WADC).
These international sports entities have delegated their powers to CAS ADD to decide whether or not there has been a violation of their anti-doping rules, as well as to decide any sanction, if applicable, in accordance primarily with the WADC and with the anti-doping rules (ADR) concerned.
CAS ADD and these procedural rules have been established in conjunction with the applicable anti-doping rules of the international sports entities concerned.
A2 Jurisdiction of CAS Anti-doping Division - Application of the Present Rules
CAS ADD shall be the first-instance authority to conduct proceedings and issue decisions when an alleged anti-doping rule violation has been filed with it and for imposition of any sanctions resulting from a finding that an anti-doping rule violation has occurred. CAS ADD has jurisdiction to rule as a first-instance authority on behalf of any sports entity which has formally delegated its powers to CAS ADD to conduct anti-doping proceedings and impose applicable sanctions.
These Rules apply whenever a case is filed with CAS ADD. Such filing may arise by reason of an arbitration clause in the Anti-doping Rules of a sports entity, by contract or by specific agreement.
These Rules apply only to the resolution by first instance arbitration of alleged anti-doping rule violations filed with CAS ADD. They neither apply with respect to appeals against any other decision rendered by an entity referred to in this Article nor against any decision rendered by CAS ADD.
Decisions rendered by CAS ADD shall be applied and recognized in accordance with the WADC.
CAS ADD shall also have jurisdiction in case of alleged doping violations linked with any re-analysis of samples.
The seat of CAS ADD and each Arbitration Panel (“Panel,” which term includes and extends to Sole Arbitrators) is Lausanne, Switzerland. [In these Rules, “Panel” means a three-member panel or a Sole Arbitrator, and “President” means the arbitrator designated as president of a three-member panel or as Sole Arbitrator.] Notwithstanding such seat, in appropriate circumstances, and after consultation with all parties, the President of the Panel may decide to hold a hearing in another place and may issue directions related to such hearing.
CAS ADD working languages are English and French. In the absence of agreement between the parties, the President of the Panel or, if not yet appointed, the President or Deputy President of CAS ADD shall select one of these two languages as the language of the arbitration at the outset of the procedure, taking into account relevant circumstances then known. [In these Rules, reference to the President of CAS ADD includes the Deputy President of CAS ADD.] Thereafter, the proceedings shall be conducted exclusively in that language, unless the parties and the President of the Panel otherwise agree.
The parties may request that a language other than English or French be selected, provided that the Panel agrees and the CAS ADD President so decides. If so decided, the CAS ADD Office determines with the Panel the conditions related to the choice of the language. The Panel may order that the parties bear all or part of the costs of translation and interpretation. If a hearing is to be held, the Panel may allow a party to use a language other than that chosen for the arbitration, on condition that the party provides, at its own cost, interpretation into and from the official language of the arbitration.
The Panel or, prior to the constitution of the Panel, the President of CAS ADD may order that all documents submitted in languages other than that of the proceedings be filed together with a certified translation in the language of the proceedings.
A5 Representation and Assistance
The parties may be represented or assisted by persons of their choice. The names, addresses, electronic mail addresses, telephone and facsimile numbers of the persons representing the parties shall be communicated to the CAS ADD Office, all other parties and the Panel after its formation. Any party represented by an attorney or other person shall provide written confirmation of such representation to the CAS ADD Office.
A6 Notifications and Communications
All notifications and communications that CAS ADD or the Panel intend for the parties shall be made through the CAS ADD Office. The notifications and communications shall be sent to the address shown in the Request for Arbitration, or to any other address specified at a later date.
All arbitral awards, orders, and other decisions made by CAS ADD and the Panel shall be notified by electronic mail (ant[email protected]), courier or facsimile in a form permitting proof of receipt.
Notification of arbitral awards, orders and other decisions, as well as all documentary evidence and submissions by electronic mail is permitted under the conditions set out in the CAS guidelines on electronic filing.
The exhibits attached to any written submissions may be sent to the CAS ADD Office by electronic mail, provided they are listed and that each exhibit can be clearly identified; the CAS ADD Office may then forward them by the same means. Any other communications from the parties intended for the CAS ADD Office or the Panel shall be sent by electronic mail, courier or facsimile to the CAS ADD Office.
A7 Time Limits
The time limits fixed under these Rules shall begin the day after notification by CAS ADD is received. Official holidays and non-working days are included in the calculation of time limits. These time limits are respected if the communications by the parties are sent before midnight at the location of the party, or representative, specified at the time the CAS ADD proceedings were instituted, on the last day on which such time limits expire. If the last day of the time limit is an official holiday or a non-business day in the location from which the document is to be sent, the time limit shall expire at the end of the first subsequent business day.
Upon application on justified grounds and after consultation with the other party (or parties), either the President of the Panel or, if not yet appointed, the President of CAS ADD, may extend the time limits provided in these Rules, if the circumstances so warrant, and provided that the initial time limit has not already expired. With the exception of the time limit for the Request for Arbitration, any request for a first extension of time of a maximum of five days may be decided by the Managing Counsel of the CAS ADD without consulting any other party.
The Panel or, if it has not yet been constituted, the President of CAS ADD may, upon application on justified grounds, suspend an ongoing arbitration for a limited period of time.
A8 Independence and Qualifications of Arbitrators
Every arbitrator shall be and remain impartial and independent of the parties and shall immediately disclose any existing or subsequent circumstances which may affect her/his independence with respect to any of the parties.
Every arbitrator shall appear on the special CAS ADD list drawn up by ICAS in accordance with the Statutes, which are part of the Code of Sports-related Arbitration, shall have a good command of the language of the arbitration and shall be available as required to complete the arbitration expeditiously.
Arbitrators appearing on the special list of arbitrators for CAS ADD may not serve as an arbitrator in any procedure conducted by the CAS Appeals Arbitration Division.
A9 List of Panel Presidents/Sole Arbitrators
Among the special CAS ADD list of arbitrators, ICAS shall draw up a list of arbitrators who shall exclusively act as Presidents of three-member CAS ADD Panels or as Sole Arbitrators. Any arbitrators on such list are not eligible to be nominated by parties involved in CAS ADD procedures, except where the parties agree on such nomination.
An arbitrator may be challenged if the circumstances give rise to legitimate doubts regarding independence or impartiality. The challenge shall be brought within seven days after the ground for the challenge has become known.
Challenges shall be determined by the ICAS Challenge Commission, which shall have the discretion to refer any such case to ICAS. The challenge of an arbitrator shall be lodged by the party raising it, in the form of a petition setting forth the facts giving rise to the challenge, which shall be sent to the CAS ADD Office. The ICAS Challenge Commission, or ICAS, shall rule on the challenge after the other party (or parties), the challenged arbitrator and the other arbitrators, if any, have been invited to submit written comments. Such comments shall be communicated by the CAS ADD Office to the parties and to the other arbitrators, if any. The challenged arbitrator remains on duty until her/his replacement, if any. The ICAS Challenge Commission shall give brief reasons for its decision and may decide to publish it.
An arbitrator may be removed by ICAS if the arbitrator refuses to or is prevented from carrying out the required duties or if the arbitrator fails to fulfil any duties pursuant to these Rules within a reasonable time. ICAS may exercise such power through its Board. ICAS shall invite the parties, the arbitrator in question and the other arbitrators, if any, to submit written comments and shall give brief reasons for its decision. Removal of an arbitrator cannot be requested by a party.
In the event of resignation, death, removal or successful challenge of an arbitrator, or in cases where it is determined that a three-member Panel shall be appointed instead of a Sole Arbitrator, such arbitrator shall be replaced or appointed in accordance with the provisions applicable to the initial appointment. If, within the time limit fixed by the CAS ADD Office, the Claimant does not appoint an arbitrator or appoint a new arbitrator to replace the arbitrator it had initially appointed, the arbitration shall not be initiated or, in the event it has been already initiated, shall be terminated. Unless otherwise agreed by the parties or otherwise decided by the Panel, the proceedings shall continue without repetition of any aspect thereof prior to the replacement.
A13 Request for Arbitration
A request for arbitration in respect of an alleged anti-doping rule violation shall be filed with CAS ADD by or on behalf of the international sports entity alleging the occurrence of an anti-doping rule violation, by way of a written request for arbitration containing:
Upon filing its request for arbitration, the Claimant shall pay the CAS ADD fee provided in Article A23.
If all such requirements are not fulfilled when the request for arbitration is filed, CAS ADD may grant a single short deadline to the Claimant to complete the request, failing which CAS ADD shall not proceed.
A14 Initiation of the Arbitration by CAS ADD and Answer – CAS Jurisdiction
Unless it is clear from the outset that there is no applicable arbitration agreement referring to CAS ADD, the CAS ADD Office shall take all appropriate actions to set the arbitration in motion. It shall communicate the request for arbitration to the Respondent(s) and call upon the Respondent(s) to file an answer to the request for arbitration within twenty days of communication of the request for arbitration.
The answer shall contain:
In the event the Claimant has requested that there be a three-member Panel instead of a Sole Arbitrator and accordingly to have such Panel being a sole instance, thereby precluding any further appeal before the CAS Appeals Division, the Respondent(s) shall declare, within seven days of communication of the request for arbitration, whether it/they consent(s) to such request. In the absence of agreement between the parties on the number of arbitrators, the matter shall be referred by the CAS ADD President to a Sole Arbitrator.
The Panel shall rule on its own jurisdiction, irrespective of any legal action already pending before a State court or another arbitral tribunal relating to the same issue involving the same parties, unless substantive grounds require a suspension of the proceedings.
If an objection to CAS ADD jurisdiction is raised, the CAS ADD Office or the Panel, if already constituted, shall invite the parties to file written submissions on jurisdiction. The Panel may rule on its jurisdiction either in a preliminary decision or in an award on the merits.
Where a Claimant files a request for arbitration that is related to a pending first-instance anti-doping procedure of similar nature before CAS ADD, the President of the Panel, or if not yet appointed, the President of CAS ADD may, after consulting the parties, decide to consolidate the two procedures.
If WADA is not a party to the proceedings, the request for arbitration shall be communicated to it for information purposes by the CAS ADD Office. Multiparty arbitration is governed by Article R41 of the Code of Sports-related Arbitration.
In agreeing to submit an anti-doping dispute to CAS ADD, the parties are deemed to have expressly waived their rights to request any similar measures from state authorities or tribunals. Such waiver does not include a party’s right to appeal a decision of the CAS ADD to the Appeals Arbitration Division (except where a three-member Panel has been constituted and has rendered its decision) or to the Swiss Federal Tribunal, if such CAS ADD decision is otherwise final.
A15 Constitution of a Three-member Panel
When the parties agree to have a three-member Panel instead of a Sole Arbitrator, they also agree to designate such three-member Panel as a sole instance and to forgo their right of appeal before the CAS Appeals Division, subject to Article 13.2.3 e) and f) of the WADC (2015 edition). In such circumstances, the CAS ADD Office shall inform the entities retaining a right of appeal pursuant to the above-mentioned WADC provisions to give them the opportunity to intervene in the CAS ADD procedure or to waive their right of appeal.
In such situation, the Claimant shall nominate an arbitrator from the CAS ADD list within three days’ notice by the CAS ADD Office. Once this arbitrator is appointed, the Respondent(s) shall nominate an arbitrator from the CAS ADD list within three days’ notice by the CAS ADD Office. In the absence of a nomination by the Claimant or Respondent(s) within such time limits, the President of CAS ADD shall make the appointment or may decide to submit the matter to a Sole Arbitrator.
The President of the Panel shall be appointed from the special list of Presidents for CAS ADD, either by mutual agreement of the parties within seven days from the moment the parties are invited to appoint the President of the Panel or, failing such agreement, by the President of CAS ADD.
CAS ADD procedures conducted by three-member Panels are free of charge (see Articles A23-A25).
A16 Nomination of a Sole Arbitrator
Subject to Articles A14 and A15 and unless a three-member Panel shall be appointed, the procedure shall be conducted by a Sole Arbitrator. The Sole Arbitrator shall be appointed from the special list of CAS ADD arbitrators by mutual agreement of the parties within seven days from the moment the parties are invited to appoint the Sole Arbitrator. Failing such agreement, the Sole Arbitrator shall be appointed from the list of Panel Presidents/Sole Arbitrators (see Article A9) by the President of CAS ADD.
A17 Confirmation of the Arbitrators and Transfer of the File
Any arbitrator nominated in a CAS ADD procedure shall be deemed appointed only after confirmation by the President of CAS ADD, who shall ascertain that each arbitrator complies with the requirements of Article R33 of the Code of Sports-related Arbitration.
Once the Panel is formed, the CAS ADD Office shall take notice of the formation of the Panel and transfer the file to the arbitrator(s).
An ad hoc clerk independent of the parties may be appointed to assist the Panel. The fees of the ad hoc clerk may be included in the arbitration costs, if applicable.
A18 Provisional and Conservatory Measures
The President of CAS ADD, prior to the transfer of the file to the Panel, or the Panel, may, upon application by a party, make an order for provisional or conservatory measures.
Should an application for provisional measures be filed, the President of CAS ADD or the Panel shall invite the other party or parties to express a position within 10 days. The President of CAS ADD or the Panel shall issue an order on an expedited basis and shall first rule on the prima facie CAS ADD jurisdiction. The President of CAS ADD may terminate the arbitration procedure if it is determined that CAS ADD has no jurisdiction. In cases of utmost urgency, the President of CAS ADD, prior to the transfer of the file to the Panel, or thereafter the President of the Panel, may issue an ex parte order upon mere presentation of the application, provided that the other party is subsequently heard.
The Panel, where already appointed, or otherwise the President of CAS ADD, may rule on an application for provisional measures as contemplated in the applicable ADR. Any provisional suspension imposed by CAS ADD shall be enforced according to the applicable ADR. The parties must be given the opportunity to be heard, in writing or in person, either prior to any decision on an application for provisional measures, or on a timely basis after imposition of the provisional measures, if circumstances do not allow a hearing prior to the decision, and then only for the shortest time possible under all the circumstances.
A separate decision on provisional measures is not necessary when the matter can be decided on the merits and if a hearing can be held prior to the time when the provisional measures need to become effective.
A19 Procedure before the Panel
A19.1 Written Submissions
The proceedings before CAS ADD are comprised of written submissions and, in principle, an oral hearing. Upon receipt of the file and if necessary, the President of the Panel shall issue directions in connection with the written submissions. As a general rule, there shall be one request for arbitration and one answer and, if the President of the Panel so decides, in particular when no hearing is held, one reply and one second response. The parties may not, subject to Article A19.2, in the reply and in the second response, raise claims not contained in the request for arbitration or in the answer thereto.
In their written submissions, the parties shall list the name(s) of any witnesses whom they intend to call, including a brief summary of their expected testimony, and the name(s) of any experts, stating their area of expertise, and shall provide any exhibits or specify all other evidence upon which they intend to rely, or state any other evidentiary measure which they request. Any witness statements shall be filed together with the parties’ submissions, unless the President of the Panel decides otherwise on justified grounds.
A19.2 Written Submissions Complete
Together with their written submissions, the parties shall produce all documentary evidence upon which they intend to rely. After the exchange of the written submissions, the parties shall not be authorized to produce further documentary evidence, except by mutual agreement, or if the Panel so permits, in the latter case, on the basis of exceptional circumstances.
Unless the parties agree or the President of the Panel orders otherwise on the basis of exceptional circumstances, after the exchange of written submissions set out in Article A19.1, the parties shall not be authorized to supplement or amend their requests or their argument, to produce new exhibits, or to specify further evidence on which they intend to rely.
After consulting the parties, the Panel may, if it deems itself to be sufficiently well informed, decide not to hold a hearing.
If a hearing is to be held, the President of the Panel shall issue directions with respect to the hearing as soon as possible and set the hearing date. As a general rule, there shall be one hearing during which the Panel hears the parties, any witnesses and any experts, as well as the parties’ final oral arguments, for which the Respondent(s) shall be heard last.
The President of the Panel shall conduct the hearing and ensure that the statements made are concise and limited to the subject of the written presentations, and then only to the extent that these presentations are relevant. At the hearing, the proceedings shall take place in camera, unless the parties agree otherwise. At the request of a physical person who is party to the proceedings, a public hearing should be held. Such request may however be denied in the interest of morality, public order, national security, when the interests of minors or the protection of the parties’ private life so require, when publicity would prejudice the interest of justice or when the proceedings are exclusively related to questions of law.
The hearing may be recorded.
Any person heard by the Panel may be assisted by an interpreter at the cost of the party which called such person.
The parties may call only such witnesses and experts as they have identified in their written submissions. Each party is responsible for the availability and costs of the witnesses and experts it has called.
The President of the Panel may decide to conduct a hearing by tele-conference or video-conference or to hear some parties, witnesses and experts by tele-conference or video-conference. The President of the Panel may also exempt a witness or expert from appearing at the hearing if the witness or expert has previously filed a statement. In such case, the weight to be given to any sworn statement will be assessed by the Panel.
The Panel may, on the grounds of irrelevance, limit or disallow the appearance of any witness or expert, or any part of their testimony.
Before hearing any witness, expert or interpreter, the Panel shall solemnly invite such person to tell the truth, subject to the sanctions of perjury.
Once the hearing is closed, the parties are not permitted to produce further written pleadings, unless the Panel so orders.
A19.4 Evidentiary Proceedings Ordered by the Panel
A party may request the Panel to order the other party to produce documents in its possession or under its control. The party seeking such production shall demonstrate that such documents are likely to exist and to be relevant.
If it deems it appropriate to supplement the presentations of the parties, the Panel may at any time order the production of additional documents or the examination of witnesses, appoint and hear experts, and proceed with any other procedural step. The Panel may order the parties to contribute to any additional costs related to the hearing of witnesses and experts.
The Panel shall consult the parties with respect to the appointment and terms of reference of any expert to assist the Panel. The expert shall be independent of the parties. Before appointing such an expert, the Panel shall invite the expert to immediately disclose any circumstances likely to affect the required independence with respect to any of the parties.
Any report prepared by the expert shall be communicated to the parties and the expert shall be made available for examination at the hearing.
A19.5 Expedited Procedure
With the consent of the parties, the President of CAS ADD or the Panel, if already constituted, may proceed in an expedited manner and may issue appropriate directions for such purpose.
If the Respondent fails to submit its response in accordance with Article A14 of the Rules, the Panel may nevertheless proceed with the arbitration and deliver an award.
If any of the parties, or its witnesses, has been duly called and fails to appear at the hearing, the Panel may nevertheless proceed with the hearing and deliver an award.
A20 Law Applicable to the Merits
The Panel shall decide the dispute in accordance primarily with the WADC and with the applicable ADR or with the laws of a particular jurisdiction chosen by agreement of the parties or, in the absence of such a choice, according to Swiss law.
The award shall be rendered by the Sole Arbitrator or, in case of a three-member Panel, by a majority decision, or in the absence of a majority, by the President of the Panel alone. It shall be written, dated and signed. The award shall contain brief reasons. The sole signature of the President of the Panel or the signatures of the two co-arbitrators, if the President does not sign, shall suffice.
Before the award is signed, it shall be transmitted to the Managing Counsel of the CAS ADD who may make rectifications of pure form and may also draw the attention of the Panel to fundamental issues of principle. Dissenting opinions are not recognized by CAS and are not notified.
The Panel may decide to communicate the operative part of the award to the parties, prior to the reasons. The award shall be enforceable as from notification of the operative part of the award.
A copy of the operative part of the award, if any, and of the final award with reasons shall be communicated to WADA, if it is not already a party to the proceedings.
Unless Article 15 para. 1 applies, the award may be appealed to the CAS Appeals Arbitration Division within 21 days from receipt of the notification of the final award with reasons by mail or courier in accordance with Articles R47 et seq. of the Code of Sports-Related Arbitration, applicable to appeals procedures.
The award, a summary and/or a press release setting forth the results of the proceedings shall be made public by CAS if any sanctions are imposed, once the award is final and binding. However, if the award is not final and upon application by a party, the CAS ADD may disclose certain elements of the case record so as to enable a reviewing court or tribunal to understand the factual basis for the award. Otherwise, all other elements of the case record shall remain confidential.
Subject to any consequences of an outstanding appeal from an award, a party may, not later than 10 days following the notification of the award, apply to CAS ADD for the interpretation of an award, if the operative part of the award is unclear, incomplete, ambiguous, if its components are self-contradictory or contrary to the reasons, or if the award contains clerical mistakes or mathematical miscalculations. An application for interpretation does not interrupt the time limit for appeal.
When an application for interpretation is filed, the President of CAS ADD shall determine whether there are grounds for requesting such an interpretation. If such grounds exist, the President shall submit the request for interpretation to the Panel which rendered the award. Any Panel members who are unable to act at such time shall be replaced in accordance with Article A12. The Panel shall rule on the request within one month following the submission of the request for interpretation to the Panel.
A23 Costs - General
Upon filing of the request for arbitration, the Claimant shall pay a non-refundable CAS ADD Office fee of Swiss francs 1,000.—, without which CAS ADD shall not proceed. The Panel shall take such fee into account when assessing the final amount of costs, where applicable.
Each party shall pay for its own legal and other costs, which includes the costs of its own counsel, witnesses, experts and/or interpreters. Legal Aid may be requested by any natural person pursuant to the Legal Aid Guidelines established by ICAS.
If an arbitration procedure is terminated before a Panel has been constituted, the President of CAS ADD shall rule on costs in the termination order. An order for the payment of legal and other costs shall be made only upon the request of a party and after all parties have been given the opportunity to file written submissions on such costs.
A24 Costs - Determination
Subject to Article A23, the administrative costs of CAS ADD, the fees and costs of the arbitrators and ad hoc clerk (if any), and the expenses of CAS ADD (arbitration costs) associated with proceedings filed by the IOC, any Olympic IF, or the ITA (on behalf of an Olympic IF delegator) involving a Sole Arbitrator shall be covered by the budget assigned to the Olympic IFs by the IOC, for up to 4 procedures per annum filed by the same Claimant. Any costs associated with any proceedings filed thereafter (5 or more proceedings) shall be paid by the Claimant, as directed by CAS ADD.
Subject to Article A23, the proceedings filed by the IOC, any Olympic IF, or the ITA (on behalf of an Olympic IF delegator) involving a three-member Panel shall be free. The arbitration costs of CAS ADD are borne by CAS ADD.
The arbitration costs of CAS ADD associated with any procedure filed by any entity other than the IOC, an Olympic IF, or the ITA (on behalf of an Olympic IF delegator) shall be paid by the Claimant as determined by CAS ADD.
In the arbitral award and without any specific request from the parties, the Panel has discretion to grant the prevailing party a contribution towards its legal and other costs incurred in connection with the proceedings. When granting such contribution, the Panel shall take into account the complexity and the outcome of the proceedings, as well as the conduct and financial resources of the parties.
A25 Special Costs
If the circumstances so warrant, the Panel may determine that certain costs be charged to the parties, such as costs related to the hearing of witnesses or experts called by the Panel, interpretation, travel and accommodation in case a hearing is held outside the CAS ADD Office in Lausanne or cancelled at the request of the parties or any ancillary expenses ordered by the Panel. In such situation, Article R64.2 of the Code of Sports-related Arbitration applies.
At the end of the proceedings, the CAS ADD Office shall determine the final amount of these costs and the Panel shall decide which party shall bear them or in which proportion the parties shall share them.
The final amount of costs to be paid by the parties may either be included in the award or communicated separately to the parties. The advance of special costs already paid by the parties are not reimbursed by CAS ADD with the exception of the portion which exceeds the total amount of the costs.
A26 These Rules are applicable to all procedures initiated by CAS ADD as from 1 January 2019.
The Code of Sport-related arbitration may apply subsidiarily.
The ICAS Guidelines on Legal Aid apply to CAS ADD procedures.
CAS ADD arbitrators, ICAS and its members, CAS and its employees are not liable to any person or entity for any act or omission in connection with any CAS ADD proceeding or award.
The English text and the French text are authentic. In the event of any discrepancy, the English text shall prevail.
These Rules may be amended pursuant to Article S8 of the Code of Sports-related Arbitration.