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 analyzed by the laboratory at the earliest practicable time as scheduled by USADA which will be notified to the Athlete. Id. Regardless of the status of any B Sample analysis, within three business days of expiration of the period in which the Athlete or other Person must accept a Provisional Suspension, the Athlete or other Person shall be deemed to have requested arbitration of their case and USADA shall notify the AAA in writing of the initiation of an expedited proceeding by USADA against the Athlete or other Person by filing a request for arbitration with the AAA. Id. The AAA shall immediately form an arbitration panel under the AAA’s expedited procedures. Id.
The panel shall complete and close the hearing and issue its written award within the time period identified by USADA as necessary to provide for orderly Participation in Protected Competition by the Athlete or other Person, if eligible, or if no Protected Competition is more imminent, within twenty-one days of formation of the panel. Id.
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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.