Armstrong v. Tygart | Existence of Agreement to Arbitrate

by Renée Kolar

This coming Friday, August 10th 2012, the U.S. District Court for the Western District of Texas, Austin Division, will have to decide whether or not it should enjoin Defendants from enforcing an arbitration deadline against Lance Armstrong while the lawsuit progresses. In anticipation of the hearing, this week we will be summarizing Armstrong’s complaints and Tygart and USADA’s responses in their motion for summary judgment.

Background

The U.S. Anti Doping Agency (USADA) notified Armstrong and other members of the team on June 12, 2012 of its opening of a formal action alleging anti-doping rule violations. (read the notification here). On June 29, the Anti-Doping Review Board made a unanimous recommendation to move forward with Armstrong’s adjudication process. Soon after, the USADA announced that three members of Armstrong’s team have all received lifetime periods of ineligibility as the result of their anti-doping rule violations in the United States Postal Service (USPS) Cycling Team Doping Conspiracy. (read more here)

On July 9, Armstrong filed a lawsuit and a motion for a Temporary Restraining Order (TRO) in the Western District of Texas in an attempt to shut down the USADA case. (read the Complaint and TRO). However, six hours later, the Court dismissed (without prejudice) Armstrong’s suit in a strongly worded Order. (read the Order here). Armstrong was allowed to re-file an amended complaint within 20 days of the Court’s order which he did the next day. Armstrong v. Tygart et al. , No. A-12-CA-606-SS. (read the July 10th Amended Complaint here).

On July 11, the USADA granted Armstrong an extension of up to 30 days (the original deadline was July 14) to contest drug charges while he challenges the case in federal court. If Armstrong doesn’t respond to the USADA doping charges prior to the end of the extension period and ask for an arbitration hearing to face the allegations, a lifetime ban will go into place and he could face the loss of his Tour de France titles.

In the meantime, the U.S. District Court for the Western District of Texas, Austin Division, set the date for this Friday’s hearing to decide whether the Court should enjoin Defendants from enforcing an arbitration deadline against Armstrong while the lawsuit progresses. Read the Order here.

Amended Complaint—No Valid Arbitration Agreement with USADA

Armstrong asked the court to declare that USADA may not compel or assert the right to arbitration because Armstrong has no valid, legal or enforceable arbitration agreement with USADA.

Armstrong argues that the International License Applications he signed with Union Cycliste Internationale (UCI) (the sport’s international governing body) is the operative agreement in the case. He asserts that the agreement is a contract to which USADA is neither a signatory nor a party.

Armstrong claims that he and USADA did not have a meeting of the minds on the alleged arbitration agreement. To the contrary, Armstrong’s agreement is with UCI, not USADA.

He also contends that the alleged arbitration agreement is unconscionable and there is inadequate consideration for it.

Response from USADA Motion to Dismiss—Armstrong Agreed to USADA Protocol

Defendants allege that Armstrong agreed to be bound by the USADA Protocol by virtue of his membership in USA Cycling (whose regulations incorporated USADA Protocol, including AAA arbitration), his obtaining an annual license through USA Cycling, and his inclusion in the USADA Registered Testing Pool (RTP), Armstrong,

More specifically, they argue that the Sports Act confirms the U.S. Olympic Committee’s (USOC) exclusive jurisdiction, directly or through its national governing bodies (NGB), to coordinate and oversee amateur athletic activity in the United States, including the procedures applicable to drug testing, results management and adjudication of doping matters.

Defendants claim that when USADA was formed, the USOC adopted a bylaw requiring NGBs, including USA Cycling (the NGB for cycling and the U.S. member to UCI), to comply with the procedures pertaining to drug testing and adjudication of related doping offenses of USADA. The Defendants assert that USA Cycling thus adopted regulations incorporating the USADA Protocol for all USA Cycling members, including Armstrong.

Related Posts:

• The International Convention Against Doping in Sport of 2005, Disputing, August 2, 2012
• USADA Case against Lance Armstrong | USADA’s Successful Arbitration Track Record, Disputing, August 1, 2012
• USADA Case against Lance Armstrong | USADA Adjudication Process Part VI | Right to Appeal to the Court of Arbitration for Sport (CAS), Disputing, July 30, 2012
• USADA Case against Lance Armstrong | USADA Adjudication Process Part V |USADA Expedited Track, Disputing, July 26, 2012
• USADA Case against Lance Armstrong | USADA Adjudication Process Part IV | The Arbitration Hearing, Disputing, July 25, 2012
• USADA Case against Lance Armstrong | USADA Adjudication Process Part III | The Appointment of Arbitrators, Disputing, July 24, 2012
• USADA Case against Lance Armstrong | USADA Adjudication Process Part II | The Review Board Track, Disputing, July 23, 2012
• Armstrong v. Tygart | USADA Files Motion to Dismiss Lance Armstrong’s Suit , Disputing, July 21, 2012
• USADA Case against Lance Armstrong | USADA Adjudication Process Part I | USADA ‘Results Management,’ Disputing, July 19, 2012
• Armstrong v. Tygart | Texas Federal Court Will Hear Lance Armstrong Case on August 10, Disputing, July 18, 2012
• Armstrong v. Tygart | Lance Armstrong’s Suit and Restraining Order against USADA, Disputing, July 17, 2012
• USADA Case against Lance Armstrong | What is the USADA? Disputing, July 16, 2012
• USADA Case against Lance Armstrong | USADA Allegations, Disputing, July 13, 2012
• Lance Armstrong | The Doping Controversy Continues, Disputing, July 12, 2012

Renée Kolar is a summer intern at Karl Bayer, Dispute Resolution Expert . Renée is a J.D. candidate at The University of Texas School of Law and holds an undergraduate degree in Applied Foreign Languages from l’Université Stendhal in Grenoble, France.