1. INTRODUCTION

1.1 The two cases which form the subject of this appeal award engage consideration of the Equine Controlled Medication Rules (“ECM Rules”) of the Fédération Equestre Internationale (“FEI”)

1.2 At the outset is important to record that neither case involves anti-doping rule violations. The ECM Rules exist ‘to ensure horse welfare and the highest levels of professionalism’, by ensuring that medications (“Controlled Medication Substances”) and methods (“Controlled Medication Methods”) that are commonly (and appropriately) used to treat horses when they are not competing, are not used inappropriately in relation to horses that are in competition.

1.3 While doping and inappropriate use of medication are certainly related, and in some respects the way they are regulated is similar, the nature, scope and purposes of the ECM Rules are very different from the nature, scope and purposes of the anti-doping rules.

1.4 The Appellants are equestrian athletes. They were not accused of doping but, instead, were charged because of the presence of the medications, Phenylbutazone and Oxyphenbutazone (commonly known collectively, as “Bute”), in their competition horses’ systems without the required pre-authorisation.

1.5 Phenylbutazone is a non-steroidal anti-inflammatory and pain-relieving drug that is primarily used for musculoskeletal conditions; Oxyphenbutazone (a metabolite of Phenylbutazone) is also a non-steroidal anti-inflammatory and pain-relieving drug. Both substances are classified as Controlled Medication Substances in the Equine Prohibited Substances List.

1.6 To put things in context, in the course of submissions, counsel for the Appellants described Bute as “ibuprofen for horses”.

1.7 In many cases involving adverse analytical findings for controlled medication substances, such as Bute, a “Person Responsible” (which would include an Athlete who rides a Horse during an Event – see Appendix 1 – Definitions of the ECM Rules) can elect to have his or her case processed under the “Administrative Procedure” set out in Article 8.3 of the ECM Rules. Where this procedure applies, the following sanctions would apply: