Date of Award
Master of Arts
Professor Richard McLaren
Professor Richard Bronaugh
This thesis considers arbitrator sanctioning under the 2009 World Anti-Doping Code, and whether the provisions of the Code have been drafted to allow arbitrators to apply the provisions in a fair and just manner. The World Anti-Doping Code was drafted for the purpose of achieving consistency among sanctions for anti-doping rule violations. The 2009 Code introduces provisions which expand the extent to which arbitrators are free to depart from the strict application of the Code and rely on their own judgment; thus, allowing for more flexibility in sanctioning. As the analysis of cases decided under the 2003 Code shows, the risk associated with increasing flexibility is a loss of consistency in sanctions. This thesis advocates the introduction of factors into the provisions of the Code which would function to direct arbitrators as they render decisions under the discretionary provisions of the 2009 Code.
Jeffery, Kristin, "A CRITICAL Analysis OF ARBITRATOR Sanctioning UNDER THE 2009 WORLD Anti-DOPING CODE" (2010). Digitized Theses. 4359.