Key Takeaways from the Webinar “Resolution of Sports Disputes by FINA Bodies: Notable Cases”:
In recent years, water sports have increasingly seen positive doping tests, which poses a serious challenge for athletes and their teams. In addition, a common ground for disqualification is a missed doping test, even in the absence of prohibited substance use.
Such sports disputes in aquatic sports are increasingly becoming the subject of consideration by international bodies.
This highlights the importance of awareness of anti-doping rules, the procedures applied by FINA disciplinary bodies, and timely legal support for athletes at the international level.
International Sports Organizations During the Pandemic:
International sports organizations, including FINA as one of the key international governing bodies for aquatic sports, made significant efforts to mitigate the consequences of the postponement of the 2020 Olympic Games. In the context of the pandemic, it became especially important for athletes to understand how approaches to control, disciplinary procedures, and dispute resolution were evolving.
FINA governs aquatic sports such as swimming, diving, water polo, and others.
Structure of FINA Jurisdictional Bodies:
- FINA Judicial Panel, divided into three panels (Doping Panel, Disciplinary Panel, Ethics Panel), which effectively constitute the FINA dispute resolution bodies.
- The FINA Executive Director reviews appeals against decisions of the Judicial Panel.
- The FINA Executive Committee considers other disputes not related to discipline, doping, or ethics.
- The FINA Bureau reviews appeals against decisions of the Executive Committee and disputes between FINA members, which is particularly important in times of restrictions and changes caused by the pandemic.
Handling of Doping Disputes:
- doping disputes are among the most common types of cases considered by FINA disciplinary bodies, particularly in aquatic sports;
- FINA anti-doping rules define specific violations, including the presence of a prohibited substance in an athlete’s sample, use or attempted use of prohibited methods, refusal to submit to sample collection, and others.
Key Cases from FINA Practice:
- the case of Ryan Napoleon v. FINA, where it was established that the athlete, despite the presence of a prohibited substance in his sample, made an error due to using his father’s inhaler;
- the significance of this case lies in the fact that the presence or absence of fault affects the reduction of the period of ineligibility, but does not eliminate liability, which is illustrative for all sports disputes in aquatic sports.
Conclusion:
Ganna Gnizdovska, a sports law attorney, emphasized that studying FINA’s dispute resolution practice is crucial for understanding the mechanisms of protecting athletes’ rights. This knowledge can be used for effective representation of athletes’ interests both before FINA bodies and other international sports organizations.
Important:
We, Juris Ferrum Law Firm, are always ready to provide professional legal assistance to athletes in resolving sports disputes, including doping-related disputes. Our attorneys have deep expertise in international sports law and its practical application.
This article does not constitute legal advice. If you have any questions, please contact our sports disputes attorney in Odesa.