Swiss Federal Court 4A_576_2012 Liao Hui vs IWF

Related case:
CAS 2011/A/2612 Liao Hui vs IWF
July 23, 2012

In September 2010 the International Weightlifting Federation (IWF) has reported an anti-doping rule violation against the Chinese Athlete Liao Hui after his A and B samples tested positive for the prohibited substance Boldenone. On 3 October 2011 the IWF Anti-Doping Commission decided to impose a 4 year period of ineligibility on the Athlete.

The Athlete appealed the IWF decision of 3 October 2011 with the Court of Arbitration for Sport (CAS).
On 23 July 2012 the CAS Panel decided to reduce the imposed ban to two years instead of four.

The Athlete made an appeal to the Swiss Federal Court, which hereafter dismissed the appeal on 28 February 2013.
The Swiss Federal Court’s opinion in this case:
1.) It is doubtful that the requirement of an appropriate external chain of custody with regard to samples taken from an athlete would be part of public policy as understood in the Swiss law of international arbitration.
2.) Evidence proposed late in the proceedings can be ruled inadmissible without violating the right to be heard (due process).

Original document

Parameters

Legal Source
Civil Court Decisions
Federal Court Decisions
Date
28 February 2013
Arbitrator
Klett, Kathrin
Kolly, Gilbert
Niquille, Martha
Original Source
Swiss Federal Court
Country
China
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Fair trial / procedural fairness
International Standard for Testing and Investigations (ISTI)
Period of ineligibility
Public policy
Sport/IFs
Weightlifting (IWF) - International Weightlifting Federation
Laboratories
Beijing, China: National Anti-Doping Laboratory China Anti-Doping Agency
Cologne, Germany: Institute of Biochemistry - German Sport University Cologne
Analytical aspects
B sample analysis
Doping classes
S1. Anabolic Agents
Substances
Boldenone
Document type
Pdf file
Date generated
1 August 2014
Date of last modification
19 October 2017
Category
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  • Education
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  • Statistics
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  • ADRV
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  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
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  • Various
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Origin