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Armstrong v. Tygart | Jurisdiction
By Victoria VanBuren - August 7, 2012
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. Backgr
Armstrong v. Tygart | Existence of Agreement to Arbitrate
By Victoria VanBuren - August 6, 2012
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. Backgr
The Court of Arbitration for Sport’s ruling in 2008 allowed Oscar Pistorius to achieve his dream in 2012
By Victoria VanBuren - August 6, 2012
by Renée Kolar Oscar Pistorius made history Saturday by becoming the first double-amputee to compete in the able-bodied Olympics. Pistorius is a South African sprinter who was born without a fibula in either leg, and had both legs amputated when he was only 11 months old. To participate in sporting activities, Pistorius uses two high-performance carbon-fiber prosthetics, known as the Cheetah Flex-Foot. Controversy regarding Mr. Pistorius’ use of
The International Convention Against Doping in Sport of 2005
By Victoria VanBuren - August 2, 2012
by Renée Kolar Motivations for Drafting the Convention At the Round Table of Ministers and Senior Officials Responsible for Physical Education and Sport in 2003 initiated by the United Nations Educational, Scientific, and Cultural Organization (UNESCO), one of the main issues discussed was doping in sport. Paul Marriott-Llyod, Understanding the International Convention against Doping in Sport SHS/2010/PI/H/2, at 2, available at http://unesdoc.une
USADA Case against Lance Armstrong | USADA’s Successful Arbitration Track Record
By Victoria VanBuren - August 1, 2012
by Renée Kolar Since its inception, the United States Anti-Doping Agency (USADA) has won 58 out of 60 arbitrations against athletes who have contested the agency’s sanctions. In federal court, USADA has never been beaten. Justin Gatlin, a sprinter from Florida, enjoyed an ephemeral victory when he was granted a temporary injunction against USADA in June 2008 to lift his suspension for alleged doping so he could participate in the 2008 Olympic Gam
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
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
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