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2015 Aquatics / Natation Other Upheld English Appeal Procedure

Parties & Representatives

Arbitrators

President: Luigi Fumagalli

Decision Information

Decision Date: March 17, 2016

Case Summary

The case revolves around a dispute between British swimmers Adam Peaty, Francesca Halsall, Jemma Lowe, and Chris Walker-Hebborn, along with British Swimming, against the Fédération Internationale de Natation (FINA) concerning the recognition of world records set during the 2014 European Swimming Championships in Berlin. The swimmers achieved notable performances in the 50m Breaststroke and the 4x100m Mixed Medley Relay, but FINA initially refused to ratify these records due to the absence of mandatory erythropoietin (EPO) doping tests and alleged procedural delays in submitting required documentation. British Swimming argued that the swimmers had complied with all obligations and that the administrative failures, including the lack of EPO testing, were the responsibility of the European Swimming League (LEN) and the German National Anti-Doping Agency (GNADA), not the athletes. The case was brought before the Court of Arbitration for Sport (CAS), which examined whether FINA's Honorary Secretary had reasonably exercised discretion in denying the record applications. The CAS panel ruled that such discretion must be justified and not arbitrary, emphasizing that the swimmers had acted in good faith and that the administrative oversights were beyond their control. The panel found that the absence of EPO testing did not inherently invalidate the records, as the swimmers had no role in the testing process and had otherwise met all requirements. The decision highlighted systemic communication gaps and procedural lapses in the anti-doping process, which unfairly disadvantaged the athletes. Ultimately, the CAS overturned FINA's decision, recognizing the swimmers' performances as world records and reinforcing the principle that athletes should not be penalized for administrative errors. The ruling underscored the importance of fairness and transparency in sports governance, setting a precedent for handling similar disputes in the future. The case also demonstrated the critical role of CAS in resolving conflicts between athletes and governing bodies, ensuring accountability and upholding the integrity of competitive sports.

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