Swiss Federal Court 4P_230_2000 Stanley Roberts vs FIBA

Related cases:
CAS 2000_A_262 Stanley Roberts vs FIAB – Preliminary Award
July 28, 2000
DIS U (K) 1651_02 Stanley Roberts vs District Court Munich
October 10, 2002

On 24 November 1999 the U.S. National Basketball Association (NBA) imposed a 2 year period of ineligibility on the Athlete after he tested positive for a prohibited amphetamines substance.
Based on the NBA decision, FIBA also sanctioned the Athlete with a 2 year period of ineligibiltiy for FIBA competitions. As a consequence the Athlete’s contract to join the Turkish basketball team Efes Pilsen was cancelled.
The FIBA sanctioned the Athlete under a new set of rules in order to prevent basketball players go overseas without restrictions to resume their career after being expelled from the NBA. The Athlete claimed the FIBA decision damaged his career.
Hereafter, between 2009 until 2003, the Athlete filed without success severals lawsuits before courts in the USA, Germany and Switzerland against the FIBA for cancellation of the sanction and damages of just under $1 million.

The Athlete’s appeal with the FIBA Appeal Commission was dismissed on 4 February 2000.
On 3 March 2000 the Athlete appealed his case with the Court of Arbitration for Sport (CAS).
On 31 August 2000 (CAS 2000/A/262) the CAS Panel ruled it has jurisdiction about the imposed FIBA sanction, but considered itself incompetent to rule about damages.
The Athlete appealed hereafter with the Swiss Federal Court, which decides to dismiss his complaint on 7 February 2001.
Again the Athlete appealed his complaint with the German Distric Court in Munich (dismissed on 20 December 2001) and the German Institution of Arbitration (dismissed on 10 October 2002).

Original document

Parameters

Legal Source
Civil Court Decisions
Federal Court Decisions
Date
28 July 2000
Original Source
Swiss Federal Court
Country
United States of America
Language
German
ADRV
Adverse Analytical Finding / presence
Legal Terms
Rules & regulations International Sports Federations
Sport/IFs
Basketball (FIBA) - International Basketball Federation
Doping classes
S6. Stimulants
Substances
Amfetamine
Document type
Pdf file
Date generated
29 July 2014
Date of last modification
19 October 2017
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