1. Stadnyk, 2. Azerbaijan Wrestling Federation (AWF) v. 1. World Anti-Doping Agency (WADA), 2. International Federation of Associated Wrestling Styles (FILA) [Stadnyk and the European Wrestling Championship in Moscow] No. 4A_416/2008 - Swiss International Arbitration Law Reports (SIALR) - 2009 Vol. 3 Nos. 1 & 2

Page Count: 

22 pages

Media Description: 

1 PDF Download

Published: 

December, 2009

Practice Areas: 

Court Decisions

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Originally from:
Swiss International Arbitration Law Reports - 2009 Vol. 3 Nos. 1 & 2

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Headnote

 

■ Called upon to hear a jurisdictional challenge against an arbitral

award, the Federal Supreme Court is in principle bound by the

findings of fact made by the arbitrator (confirmation of previous

decisions).

■ Whether a decision was made by the FILA Federal Appeal

Commission or the FILA president is a question of fact.

 

Summary of the Decision

 

Maria Stadnyk is a professional wrestler; she is a member of the

Azerbaijan Wrestling Federation (AWF) and before that a member of the

Ukrainian Wrestling Federation. On the occasion of the European

Wrestling Championship in Moscow, Ms. Stadnyk tested positive for a

doping substance. The sporting judge of the International Federation of

Associated Wrestling Styles (FILA) eventually suspended her for two

years. Subsequently, the Ukrainian Wrestling Federation informed FILA

that it had found out that a friend of Ms. Stadnyk confessed to having put

a prohibited substance into a bottle of mineral water from which the

wrestler had drunk; the Ukrainian Federation therefore asked FILA to

reduce the sanction. The president of FILA then informed the Ukrainian

Federation that it had reconsidered the suspension and that he would

support a reduction to 15 months.

 

The World Anti-Doping Agency (WADA) appealed to the Court of

Arbitration for Sport (CAS) against the decision on the reduction

requesting the panel to suspend the wrestler for a period of two years.

By an award the CAS panel assumed jurisdiction, allowed the appeal and

ordered a two-year suspension against Ms. Stadnyk. The wrestler and

AWF further brought setting aside proceedings against the CAS panel’s

decision. They challenged inter alia the CAS panel’s jurisdiction and

complained of a breach of their right to present their case.

 

The Swiss Federal Supreme Court denied the application to set aside

and upheld the award.