Doping: CAS Jurisdiction

Abstract

In the Dodô Award the CAS had to resolve two main issues: the CAS jurisdiction in doping matters and the sanctioning of a doping verdict. In the author’s words: ‘The CAS panel ruled that the general reference to the FIFA Statutes provided for under the rules of the CBF constituted a valid arbitration clause, allowing WADA and FIFA to appeal decisions rendered by CBF in doping matters.’ But care is needed; the author notes that this could not be extended to all decisions rendered by a sports federation, outside the scope of doping-related decisions. As to the merits, the author concludes that the CAS confirmed its jurisprudence on the burden of proof and the duty of care of the athlete.