1. Where the first instance deciding body is – in view of the very special circumstances of the case and/or its technical expertise – in a better position to decide the matter, restrictions to the CAS full power of review may exceptionally be accepted. However, no such specific situation is given in a case where the rules at stake are based on the World Anti-Doping Code, the purpose of which is to ensure the uniform application of anti-doping standards throughout the world and across all sports. There is no reason why a federation would have more expertise in applying these rules of a truly transnational character than CAS Panels or why the danger that someone would adjudicate the matter “according to its subjective sensitivity” is any different at the CAS level than at the level of the federation’s organs.

2. According to Art. 6(1) of the European Convention of Human Rights, a person affected by a decision must have, in principle, access to (at least) one instance of justice. Doping sanctions strongly affect the rights of an athlete and federation instances do not provide for access to justice within the meaning of Art. 6(1) ECHR, since they do not guarantee adjudication of the facts and the law by a truly independent judicial instance. Restrictions to the fundamental right of access to justice should not be accepted easily, but only where such restrictions are justified both in the interest of good administration of justice and proportionality. A restriction of the CAS power of review – contrary to the clear wording of the Art. R57 of the CAS Code – is not in the interest of good administration of justice.

3. If different (conflicting) rules are applicable to the same matter, the conflict of rules is to be solved by applying the principle lex specialis derogat generali. According thereto the (more) specific rule prevails over the more general rule, since the lex specialis is presumed to have been drafted having in mind particular purposes and taking into account particular circumstances. Art. 10.1 of the FINA DC is tailored to the special circumstances of a Competition consisting of several Events and appearing as a unit.