In 2013 the International Olympic Committee (IOC) decided to perform further analyses for prohibited substances on certain samples collected during the 2004 and 2010 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2004 and 2010.
The Athlete disputed the IOC decision to reanalyse these samples and after continuation the Athlete appealed in February 2014 with the Court of Arbitration for Sport (CAS).
Due to deliberations with the International Council of Arbitration for Sport (ICAS) about the impartiality of an arbitrator the Athlete appealed in August 2014 the ICAS refusals with the Swiss Federal Court in Lausanne.
The Court concludes that it has no jurisdiction to rule about the decisions of ICAS due to ICAS is a private Council.
Therefore on 28 November 2015 the Swiss Federal Court decides to dismiss the Athlete’s appeal.
Swiss Federal Court 4A_586_2014 X vs IOC
Original document
Parameters
- Legal Source
- Civil Court Decisions
- Federal Court Decisions
- Date
- 25 November 2014
- Arbitrator
- Klett, Kathrin
- Country
- Switzerland
- Language
- German
- Legal Terms
- Absence of jurisdiction
- Competence / Jurisdiction
- Impartiality / independence of the arbitrator
- Other organisations
- International Council of Arbitration for Sport (ICAS)
- International Olympic Committee (IOC)
- Analytical aspects
- Reanalysis
- Document type
- Pdf file
- Date generated
- 19 February 2016
- Date of last modification
- 19 October 2017
