USADA Case against Lance Armstrong | Remaining Procedural Steps

by Jeremy Clare

Even though Lance Armstrong decided on August 23rd not to proceed to arbitration with the United States Anti-Doping Agency (“USADA”), the process for sanctioning Mr. Armstrong has not been completed. There are remaining procedural steps that must occur before the sanctions are finalized.

Under Article 8.3 of the World Anti-Doping Code (the “Code”), USADA is obligated to send Mr. Armstrong, the International Cycling Union (“UCI”), and the World Anti-Doping Agency (“WADA”) a reasoned decision of the actions taken. Article 8.3 does not impose a deadline for USADA to release the details behind the sanctions, but USADA’s CEO, Travis Tygart, has said that he is confident that the parties will receive the information, in writing, within the weeks to come. UCI released a statement on August 24th explaining that they will wait until USADA releases the details before further commenting.

After USADA releases the details behind the sanctions, any of the parties – Mr. Armstrong, UCI, and WADA – can appeal the sanctions, according to Article 13.2.3 of the Code, to the Court of Arbitration for Sport (“CAS”). UCI had initially claimed jurisdiction over the case, but it remains to be seen if UCI will appeal USADA’s sanctions now that Mr. Armstrong has decided not to arbitrate the case. If appealed, the case will be presented to arbitrators from CAS and CAS’s Procedural Rules will apply. Those arbitrators could affirm USADA’s sanctions, overrule USADA’s sanctions, or they could give UCI jurisdiction over the case.

If USADA’s sanctions are not appealed, USADA will rely on UCI and the organizations that run the races (e.g. the Amaury Sports Organization runs the Tour de France) to actually enforce the sanctions. Under the “Mutual Recognition” rule in the Code, those organizations are obligated to enforce USADA’s sanctions.

Related Posts:

• USADA Case against Lance Armstrong | USADA Announces Lance Armstrong’s Lifetime Ban from Sport and Forfeiture of Titles, Disputing, August 24, 2012
• Armstrong v. Tygart | Austin Federal Court Dismisses Lance Armstrong Lawsuit Against USADA, Disputing, August 20, 2012
• Armstrong v. Tygart | Federal Court to Rule Before August 23, Disputing, August 10, 2012
• Armstrong v. Tygart | Hearing is Today, Disputing, August 10, 2012
• Armstrong v. Tygart | Lance Armstrong Responds to USADA’s Motion to Dismiss, Disputing, August 8, 2012
• Armstrong v. Tygart | Fairness of Arbitration Procedure, Disputing, August 8, 2012
• Armstrong v. Tygart | Jurisdiction, Disputing, August 7, 2012
• Armstrong v. Tygart | Existence of Agreement to Arbitrate, Disputing, August 6, 2012
• 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

Jeremy Clare is a law clerk at Karl Bayer, Dispute Resolution Expert. Jeremy received his J.D. from the University of Texas School of Law in 2012 and received a B.A. from the University of South Carolina where he studied political science.