USADA Case against Lance Armstrong | USADA Adjudication Process Part III | The Appointment of Arbitrators

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 Articles from the WADC and the USOC National Anti-Doping Policies. See AAA Supplementary Procedure for the Arbitration of Olympic Sport Doping Disputes, Annex D of USADA Protocol [hereinafter AAA Supplementary Procedure], R-4.

Any hearing will take place in the United States before the AAA using the AAA Supplementary Procedures. USADA Protocol at § 15. USADA must also invite the applicable IF and WADA to participate either as a party or as an observer. Id. Only the Athlete or other Person has the right to request that the hearing be open to the public subject to such limitations as may be imposed by the arbitrator(s). Id. The Athlete may also invite the USOC Athlete Ombudsman to be an observer. Id.

Arbitrators

The Pool of arbitrators will consist of arbitrators from the CAS who are U.S. citizens. AAA Supplementary Procedure, R-3. All arbitrators in the Arbitrator Pool must have received training by the AAA. Id.

Immediately after the initiation of a proceeding by USADA, the AAA shall send to each party an identical list of all names of persons in the Arbitrator Pool. Id. at R-11(a). The proceeding shall be heard by one arbitrator from the list of persons in the Arbitrator Pool, unless a party elects to have the matter heard by a panel of three within five days following the initiation of the proceeding by USADA. Id. at R-11(b). Such election shall be in writing and served on the Administrator and the other parties to the proceeding. Id.

Appointment of a Single Arbitrator

If the proceeding is to be heard by one arbitrator, within ten days of receipt of the Arbitrator Pool list, the parties must submit the name of a mutually agreeable arbitrator. Id. at R-11(c). If the parties are unable to agree, each party to the dispute will have five additional days in which to strike up to one third of the Arbitrator Pool, rank the remaining names in order of preference, and return the list to the AAA. AAA Supplementary Procedure, R-11(c). If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. Id. The AAA will pick an arbitrator in accordance with the designated order of mutual preference. Id. If the parties fail to agree on any of the persons named or if for any other reason the appointment cannot be made from the submitted lists, the AAA shall have the power to make the appointment from among other members of the panel without the submission of additional lists. Id.

Appointment of a Tripartite Panel

If the proceeding is to be heard by a panel of three arbitrators, within five days following receipt of the Arbitrator Pool list, or from receipt of notice of the request to have a tripartite panel, whichever is later, USADA (and IF if a party), shall designate one arbitrator from the Arbitrator Pool. Id. at R-11(d).

The Athlete or other Person charged with an anti-doping rule violation has five days following receipt of the arbitrator choice from USADA (or USADA and IF), to designate one arbitrator from the Arbitrator Pool. Id. The two party-appointed arbitrators will then choose the third arbitrator from the Arbitrator Pool list. AAA Supplementary Procedure, R-11(d).

If the party-appointed arbitrators are unable, within seven days following their selection, to choose the third arbitrator, then they shall notify the AAA which will then notify the parties. Id. Within five days of receipt of this notice from the AAA, the parties shall then each strike up to one third of the Arbitrator Pool and rank the remaining members in order of preference. Id. The AAA will then select the third arbitrator, and Chairman, in accordance with the designated order of mutual preference. Id.

Disclosure and Challenges

The arbitrators are required to disclose any circumstance likely to affect impartiality or independence. Id. at R-14. The AAA will rule on any challenges to the arbitrators. Id.

Related Posts:

• 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.