CAS ADD 18/01 International Skating Union (ISU) v. Kei Saito
Termination Order
Mr Ken Saito is a Japanesese Athlete competing in the Short Track Speed Skater event at the 2018 PyeongChang Olympic Winter Games.
In a Partial Award the Sole Arbitrator of the CAS Anti-Doping Division Panel (CAS ADD) decided on 20 September 2018 that the Athlete committed an anti-doping rule violation after he tested positive for the prohibited substance Acetazolamide as reported by the International Olympic Committee (IOC). In this case the procedure with the IOC ended, but the procedure continued between the International Skating Union (ISU) and the Athlete.
Hereafter in October 2018 the Athlete appealed the CAS ADD Partial Award with the CAS Appeal Arbitration Division which was considered inadmissible and dismissed on 14 November 2018.
The procedure with the ISU in the CAS ADD case against the Athlete was reassumed.
In December 2018 the Athlete filed evidence in his defence demonstrating that positive test was the result of a contaminated product. ISU accepted this evidence and deems that the Athlete established no significant, but only a light degree of fault or negligence for the anti-doping rule violation. The ISU imposed only a reprimand as adequate and proportionate sanction which was accepted by the Athlete.
A settlement was reached between the Parties in this case and the CAS ADD was informed by the ISU on 15 January 2019 that the ISU withdrew it claims in this procedure.
Therefore the Sole Arbitrator of the CAS Anti-Doping Division decides on 29 January 2019 that:
1.) The procedure CAS ADD 18/01 International Skating Union (ISU) v. Kei Saito is terminated.
2.) The present Award is rendered without costs.
