CAS 2021/A/8284 World Anti-Doping Agency (WADA) v. World Baseball Softball Confederation (WBSC) & Laura Vigna
- Softball
- Doping (evading, refusing or failing to submit to sample collection)
- Right of a CAS panel to issue a consent award and purpose of it
- Duty of the CAS panel to verify the bona fide of the settlement agreement
1. In accordance with Article R56 para. 2, second sentence, of the CAS Code, a CAS panel is expressly allowed to issue an award embodying the terms of the settlement if all parties to the dispute agree. The CAS panel’s endorsement of the settlement agreement and incorporation in an award serves the obvious purpose of rendering it easier for the parties to enforce the settlement agreement.
2. As any settlement “may” be embodied in an award, it is up to the CAS panel to verify the bona fide of the settlement agreement, so that the consent award mechanism is not manipulated by the parties as an instrument of fraud, and to acknowledge that the settlement terms are not contrary to public policy principles or mandatory rules.
In April 2021 the International Testing Agency, on behalf of the World Baseball-Softball Confederation (WBSC), reported an anti-doping rule violation against the Italian Athlete Laura Vigna for her evasion, refusal or failure to submit to sample collection.
In July 2021 ITA and the Athlete reached an Agreement on Consequences. In this settlement the Athlete accepted a sanction of 8 months for the committing the anti-doping rule violation.
Thereupon the World Anti-Doping Agency (WADA) requested the case file to the ITA in view of a potential appeal to be filed. Hereafter in August 2021 WADA appealed against this Agreement on Consequences with the Cour of Arbitration for Sport (CAS).
WADA requested the Panel to amend the Appealed Decision and to impose on the Athlete a period of ineligibility of between 12 and 24 months.
In December 2021 WADA reported to CAS that the Parties had settled the matter. They requested that the adapted Settlement Agreement be embodied in an Arbitral Award rendered by consent of the Parties.
The Parties agree:
- The previous Agreement of July 2021 is set aside.
- The Athlete is sanctioned with a period of ineligibility of 1 year.
- The sanction starts on the date of the anti-doping rule violation, i.e on 19 November 2020.
Therefore the Court of Arbitration for Sport decides on 19 April 2022:
1. The terms of paragraph 1 of the Settlement Agreement submitted to the CAS Court Office on 2 December 2021 are hereby ratified by the CAS with the consent of the Parties and embodied in this arbitral Award.
2. The arbitral procedure with reference CAS 2021/A/8284 World Anti-Doping Agency v. World Baseball Softball Confederation (WBSC) & Laura Vigna is terminated and deleted from the CAS roll.
3. (…).
4. (…).
5. All other motions or prayers for relief are dismissed.
