The decision would appear to create something of a loophole by allowing athletes not to be responsible for the failings of those to whom they delegate anti-doping activities as long as that person is sufficiently qualified. Many athlete support personnel would of course be sufficiently qualified and if they were to conveniently forget to check a particular substance or its list of ingredients or even to check the Prohibited List, should the athlete's sanction be reduced?
This decision of the CAS will undoubtedly come under significant scrutiny and in our opinion could be overturned by another CAS panel if the opportunity to do so arises.
Aidan Healy Associate
Gary Rice Partner
Nial Sexton Solicitor
DAC Beachcroft has the leading sports regulatory practice in Ireland and acts for regulators of sport and national governing bodies. Our practice includes anti-doping, integrity, cases before the Court of Arbitration for Sport and defending sports organisations in legal challenges in
Non-signatories to arbitration agreements
- Hazel Brasington and Andrey Panov
Where a non-signatory is involved in performing a contract it may be bound by the arbitration agreement. 'Good faith' will play a role, as case law concerning the 'group of companies' doctrine reveals. The solution is to be absolutely clear in your arbitration agreement as to whether you wish it to extend to non-signatories involved in a project.