Title: Legal Constraints on Evidence in Anti-Doping
Abstract: This chapter presents the legal constraints on evidence in the context of anti-doping. A proper legal characterisation of evidentiary issues, which lie at the intersection between substantive and procedural rules, is essential to determining both the law applicable to these issues and the parties’ freedom in agreeing on their “own” law of evidence applicable to their dispute. Although the distinctive features of international doping cases make the characterisation of evidentiary issues particularly difficult, generally accepted principles governing evidence in international arbitration can be identified and proposed for use as a reference standard in international doping cases (Sect. 3.1). The WADC evidentiary regime—when implemented through international anti-doping regulations—can be described as a system of private agreement(s) on evidence, but limitations that may be imposed on private autonomy by a national legal system prevent the WADC regime from departing freely from the general principles governing evidence in international arbitration. These limitations should apply in a similar way, whether the evidentiary issue regulated in the WADC is substantive (i.e. dictates to the legal hearing panel a given burden or standard of proof), or procedural (i.e. contains prescriptions to the legal hearing panel about the admissibility or evaluation of evidence) (Sect. 3.2). A more relevant categorisation, however, is between all the substantive or procedural evidentiary rules that contain prescriptions directed at legal hearing panels during the judicial process on the one hand, and technical rules that govern the gathering of scientific evidence in Doping Control for the sake of future use in the judicial process on the other. The idiosyncrasies of anti-doping in this context need to be taken into account (Sect. 3.3).
Publication Year: 2015
Publication Date: 2015-11-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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Cited By Count: 1
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