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Archived articles from July 2012
23 articles found
Recent Developments in International Arbitration | July 2012
By Victoria VanBuren - July 31, 2012
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): United Kingdom: Comity prevents English courts from issuing anti-suit injunction United Kingdom: Damages for breach of arbitration agreement Hungary: Interpreting new restrictions on arbitration Canada: Canada’s international commercial arbitration statutes unde
USADA Case against Lance Armstrong | USADA Adjudication Process Part VI | Right to Appeal to the Court of Arbitration for Sport (CAS)
By Victoria VanBuren - July 30, 2012
by Renée Kolar The final award by the AAA/CAS arbitrator(s) may be appealed to the CAS within twenty-one days of issuance of the final reasoned award or when the award is deemed final. United States Anti-Doping Agency, Protocol for Olympic and Paralympic Movement Testing at §15(b) (2009) [hereinafter USADA Protocol]. If the AAA/CAS arbitrators issue a partial, interim or non-final award or an award without reasons such award will be deemed final
GUEST-POST | Cross-border Agreements into India: The Arbitration Clause
By Victoria VanBuren - July 27, 2012
by Rustam Dubash and Saionton Basu Cross-border agreements into India – the arbitration clause International agreements in most cases will include an arbitration clause, setting out the governing law of the contract and the seat of arbitration. When dealing with an Indian party, this may not entirely prevent litigation before the Indian courts, since judicial intervention in Indian courts could still occur unless specific language excluding
USADA Case against Lance Armstrong | USADA Adjudication Process Part V | USADA Expedited Track
By Victoria VanBuren - July 26, 2012
by Renée Kolar When the United States Anti-Doping Agency (USADA) determines that a case against an Athlete or other Person might not be concluded prior to the Protected Competition in which that Athlete or other Person is to compete, USADA shall address the case through the Expedited Track. United States Anti-Doping Agency, Protocol for Olympic and Paralympic Movement Testing § 13 (2009) [hereinafter USADA Protocol]. The B Sample shall be analyze
USADA Case against Lance Armstrong | USADA Adjudication Process Part IV | The Arbitration Hearing
By Victoria VanBuren - July 25, 2012
by Renée Kolar Jurisdiction The arbitrator(s) has the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. See AAA Supplementary Procedure for the Arbitration of Olympic Sport Doping Disputes, Annex D of USADA Protocol [hereinafter AAA Supplementary Procedure], R-7. The arbitration clause shall be treated as an agreement independent of the other terms
USADA Case against Lance Armstrong | USADA Adjudication Process Part III | The Appointment of Arbitrators
By Victoria VanBuren - July 24, 2012
by Renée Kolar The United States Anti-Doping Agency (USADA) initiates the arbitration with a notice setting forth (i) the offense and (ii) the sanction, consistent with the applicable IF rules, the mandatory Articles from the WADC (Annex A of the USADA Protocol) and the USOC National Anti-Doping Policies, which USADA is seeking to have imposed and other possible sanctions, which could be imposed under the applicable IF rules, the mandatory Articl
USADA Case against Lance Armstrong | USADA Adjudication Process Part II | The Review Board Track
By Victoria VanBuren - July 23, 2012
by Renée Kolar After receipt of a B Sample report confirming an Adverse Analytical Finding (or upon the waiver of analysis of the B Sample), or when USADA determines that a potential violation of other applicable anti-doping rules has occurred, the adjudication or “results management” process is triggered. United States Anti-Doping Agency, Protocol for Olympic and Paralympic Movement Testing § 11 (2009) [hereinafter USADA Protocol]. USADA has imp
Armstrong v. Tygart | USADA Files Motion to Dismiss Lance Armstrong’s Suit
By Victoria VanBuren - July 21, 2012
by Renée Kolar On July 20, the United States Anti-Doping Agency (USADA) filed its Motion to Dismiss Lance Armstrong’s Amended Complaint. (Read Motion to Dismiss here) In their motion, Defendants USADA and Travis Tygart, in his official capacity as the Chief Executive Officer of USADA, assert that the suit should be dismissed for lack of subject matter jurisdiction or, in the alternative, it should be dismissed or stayed under Section 3 of t
Is ADR Effective in Healthcare?
By Victoria VanBuren - July 20, 2012
by Holly Hayes For an article titled “Medical Malpractice Reform: The Role of Alternative Dispute Resolution” in the May 2011 Clinical Orthopaedics and Related Research, David H. Sohn JD, MD, B. Sonny Bal MD, JD, MBA “performed MEDLINE, PubMed, and Google Scholar searches with key words ‘medical malpractice’, ‘ADR’, and ‘alternative dispute resolution’ to obtain public policy studies, law revi
USADA Case against Lance Armstrong | USADA Adjudication Process Part I | USADA ‘Results Management’
By Victoria VanBuren - July 19, 2012
by Renée Kolar USADA’s adjudication process relies on an American Arbitration Association (AAA)/Court of Arbitration for Sport (CAS) arbitrated hearing under the modified AAA Commercial Rules. For a complete listing of USADA protocol and policy documents, visit the Resources section of the USADA website. The first step towards the USADA adjudication process occurs when a laboratory reports an Adverse Analytical Finding on an A Sample for a
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