Doping Appeals at the Court of Arbitration for Sport: Lessons from Essendon

Abstract

In recent years, there has been an increase in the growth of the sports industry globally. With it has come the growth of global sports arbitration. The Court of Arbitration for Sport (“CAS”), created in part because of the increase in sport-related arbitration, is designed to promote efficiency and uniformity in the resolution of disputes. Despite the noteworthy objectives of the CAS, recent developments, such as the supplement scandal surrounding the Essendon Football Club of the Australian Football League, highlight the pressure that endures between individual athletes and sport governing bodies. This pressure is especially clear in instances where athletes are found guilty of doping under the World Anti-Doping Agency (“WADA”) code, and the finding is appealed to the CAS. This Note, although recognizing the benefits of the CAS and the WADA code, argues that in light of recent events, individual athlete’s goals should be given a greater weight in doping appeals at the CAS. This Note also assesses whether specific amendments to the CAS code could achieve this change, and how effective such amendments would be.