The IAAF Arbitration Panel : The Heritage of Two Decades of Arbitration in Doping-Related Disputes / Christoph Vedder. – (International Sports Law Journal (2005) 3-4 : p. 16-23)
Content:
1.) Introduction
2.) The legal Basis
2.1.) The Formation and Composition of the Arbitration Panel
2.2.) The Independence of the Arbitration Panel
2.3.) Jurisdiction of the Arbitration Panel
2.4.) The Procedure before the Arbitration Panel
2.5.) The Effects of the Awards
3.) The Doping Offence
3.1.) The Elements of Doping
3.2.) The Burden of Proof
4.) Major Achievements
4.1.) Doping Offence
4.2.) Prohibited Substances, Food Supplements
4.3.) Endogenously Produced Substances
4.4.) Strict Liability, Burden of Proof
4.5.) Sanctions, Length of the Period of Ineligibility
4.6.) Procedural Issues
5.) At the End: an Oulook
In summer 2001, the 43rd Congress of the International Association of Athletics Federations (IAAF) during its Edmonton session decided to discontinue its Arbitration Panel and to join the arbitral dispute settlement system provided by the Court of Arbitration for Sport (CAS). However, according to a transitory provision several cases still came before the Arbitration Panel in 2002 and 2003 while the very last dispute to be decided by it was referred to the Panel as late as in 2004. Having been established in 1982, the Arbitration Panel operated since 1984 when the first list of arbitrators was composed.
Now, we are able to look back on two decades of settlement of sport-related disputes by arbitration, in particular in doping matters, within the framework of a major International Federation. In August 2003 as a next step the 44th IAAF Congress in Paris amended the IAAF’s constitutional rules on doping to bring them into line with the WADA Code. The overall result was a streamlining of the IAAF’s anti-doping policy both in substance and procedure, in accordance with the general trend of international and inter-sports harmonisation.
