CAS 2022/ADD/48 International Skating Union (ISU) v. Laura Barquero Jimenez, consent award
Related case:
CAS 2022_ADD_48 IOC & ISU vs Laura Barquero Jimenez - Partial Award
August 10, 2022
- Skating (pairs skating)
- Doping (clostebol metabolite)
- Ratification and incorporation of a settlement agreement in a consent award
- Verification of the bona fide nature of the settlement agreement
1. Under Swiss Law, an arbitration tribunal has authority to issue an award embodying the terms of the parties’ settlement if the contesting parties agree to a termination of their dispute in this manner. A CAS panel’s ratification of their settlement and its incorporation into a consent award serves the purpose of enabling the enforcement of their agreement.
2. It is the task of the CAS panel to verify the bona fide nature of the settlement agreement to ensure that the will of the Parties has not been manipulated by them to commit fraud and to confirm that the terms of the agreement are not contrary to public policy principles or mandatory rules of the law applicable to the dispute.
Mw. Laura Barquero Jimenez is a Spanish ice-skater competing in the pairs skating competition with her partner in de Beijing 2022 Winter Olympics.
On 21 February 2022 the International Testing Agency (ITA), on behalf of the International Olympic Committee (IOC), reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substance Clostebol.
Following notification a provisional suspension was ordered and the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.
On 10 August 2022 in a Partial Award the CAS ADD ruled that the Athlete had committed an anti-doping rule violation. Consequently her results obtained at the Beijing 2022 Olympic Games were disqualified.
Hereafter the International Skating Union (ISU) resumed proceedings regarding consequences of the anti-doping rule violation. This matter was again delegated to CAS ADD for a Sole Arbitrator first instance procedure.
The Athlete had admitted the violation and denied the intentional use of the substance. She asserted that she acted with No Fault or Negligence.
She explained that the positive test was caused by contamination of surface touched by her emanating from a cream, containing the Prohibited Substance, but not used by her. She also assumed it plausible/probable that the ADRV resulted from an earlier use of a medication containing the prohibited substance.
Hereafter on 25 August 2022 the Parties in this case reached a settlement and requested the Sole Arbitrator to issue a consent award terminating the procedure.
The ISU accepted that the Athlete had established non intentional use on the required balance of probability. The ISU also accepted that the Athlete acted with No Significant Fault or Negligence.
Therefore the Court of Arbitration for Sport decides on 6 September 2022 that:
1.) The Sole Arbitrator, with the consent of the International Skating Union and Ms. Laura Barquero Jimenez, hereby ratifies the Case Resolution Agreement signed by the International Skating Union and Ms. Laura Barquero Jimenez on 24 August 2022, which provides that:
a) Ms. Laura Barquero Jimenez is found to have committed an anti-doping rule violation pursuant to Article 2.1 and/or Article 2.2 of the IOC Anti-Doping Rules applicable to the Games of the XXIV Olympic Winter Games Beijing 2022.
b) A period of one (1) year of ineligibility is imposed on Ms. Laura Barquero Jimenez, starting on 22 February 2022.
c) The period of provisional suspension from 22 February 2022 shall be credited against this period of Ineligibility. The period of Ineligibility shall, therefore, end on 21 February 2023.
2.) The award is pronounced without costs, except for the ADD Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by the IOC, which is retained by the ADD.
3.) (…).
4.) All other motions or prayers for relief are dismissed.
