As a consequence, Sun Yang (the Athlete) is sanctioned with an eight-year period of ineligibility, starting on the date of the CAS award. Accordingly, the Swiss Federal Statute on Private International Law applies.Under that statute, a party wishing to challenge a CAS decision has 30 days from receiving the decision (which means Yang’s appeal has likely been bouncing around for a while, in some form) to commence proceedings in Switzerland’s highest court. A vial of the 28-year-old's own blood sample was smashed with a hammer during the testing session, but Sun was acquitted by swimming's ruling body FINA of anti-doping violations, agreeing that testers had failed to produce adequate identification during their visit. As a consequence, the FINA DP determined that the athlete had not committed an anti-doping rule violation. sun yang and chinese swim association respond In what isn’t a surprise, Sun Yang has said he will be appealing the ruling handed down by the CAS and will fight to clear his name. Relevant to Sun’s case, under Swiss law the CAS proceedings are considered an “international” arbitration because at least one party is domiciled or ordinarily resident outside Switzerland. The arbitration on appeal was referred to a panel of CAS arbitrators, composed of Judge Franco Frattini (Italy), President, Mr Romano F. Subiotto QC (Belgium/UK) and Prof. Philippe Sands QC (UK), which held a hearing on 15 November 2019. Previous decisions of the SFT say that the doping principles of strict liability, and automatic fixed disqualification periods in doping cases, don’t violate Swiss public policy. Therefore, the FINA DP invalidated the sample collection. Advertise with NZME. A family of four fractures under the weight of unmet expectations, unexpected tragedy, and uncompromising pride. Your News is the place for you to save content to read later from any device.
More specifically, the Athlete failed to establish that he had a compelling justification to destroy his sample collection containers and forego the doping control when, in his opinion, the collection protocol was not in compliance with the ISTI.
The eight-year ban, imposed by the CAS, is mandated by the WADA Code in the specific circumstances of the case.
The CAS website repeatedly crashed at the time the decision was to be announced, before the news struck that Sun was to receive the maximum ban. Considering 1) that FINA refrained from seeking the imposition of a provisional suspension on the Athlete when charging him with an anti-doping rule violation, 2) that doping tests performed on the Athlete shortly before and after the aborted doping control in September 2018 were negative, and 3) that in the absence of any evidence that the Athlete may have engaged in doping activity since 4 September 2018, including on the occasion of the FINA World Championships in Gwangju, South Korea in July 2019, the results achieved by the Athlete in the period prior to the CAS award being issued should not be disqualified. Movies. Menu.
To this point, it’s the Swiss concept of “public policy” - not that of China - which is relevant. The Arbitral Award will be published on the CAS website in a few days, unless the parties agree that it should remain confidential.
The proceedings were materially Moreover, the SFT remedy for this would simply be a new CAS trial.The CAS arbitrators also seemed to place significant, perhaps undue importance on Yang’s “forceful personality” and perceived superiority complex; why? In the Sun Yang case the only thing clear about the way Fina runs swimming is the water in the pool Fri 28 Feb 2020 13.02 EST Last modified on Fri 28 Feb 2020 16.25 EST Share on Facebook His stance won't change and that is fine. The eight year ban effectively ends the triple Olympic gold medallist's professional career in the pool. Chinese freestyler Sun Yang was rubbed out for eight years by the Court of Arbitration for Sport in February. The “seat” of an arbitration is procedurally important, because it decides which laws determine the grounds that may be invoked to challenge an arbitral award.Again, CAS awards are final and binding, with the qualification that Swiss law may in certain circumstances allow a party to have an award annulled. It would have been unfathomable had no final petition eventuated.
As a consequence, Sun Yang (the Athlete) is sanctioned with an eight-year period of ineligibility, starting on the date of the CAS award," a CAS statement read.
Sun, who won the 400m and 1500m freestyle in London and the 200m in Rio, first served a doping suspension in 2014 after testing positive to a drug he said he was using to treat heart palpitations and was unaware had recently been added to the banned list. "This is unfair.
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Before Friday's verdict was delivered, Australian swimming coach Jacco Verhaeren attempted to downplay the importance of the result on Horton's chances in Tokyo. "The Court of Arbitration for Sport (CAS) has upheld the appeal filed by the World Anti-Doping Agency (WADA) against the Chinese swimmer Sun Yang and the Fédération Internationale de Natation (FINA). The Court of Arbitration for Sport (CAS) has upheld the appeal filed by the World Anti-Doping Agency (WADA) against the Chinese swimmer Sun Yang and the Fédération Internationale de Natation (FINA). "He has dealt with situations like this before and never gets distracted so he won't be in this case. The Tribunal’s reasoning was that treating a party in such a way is akin to muzzling him, forbidding him to submit his arguments at all.Could it be suggested that Sun received less preferential treatment than WADA?
First, a disclaimer. After being cleared by FINA, Sun was able to compete in the World Championships in Gwangju, South Korea, in July, where he won two golds but became a focus of protests from rivals, including Horton who infamously refused to step on the podium after finishing second to Sun in the 400m freestyle.