Revue - Les Cahiers de l'Arbitrage N°1 - 2024 - 40

SPÉCIAL « ARBITRAGE ET JEUX OLYMPIQUES »
on one hand, the collective responsibility of Russian athletes in the institutional
doping scheme, and, on the other, their individual right to a defense and the
presumption of innocence.
II. - The role of the International Olympic Committee
and the Court of Arbitration for Sport
in the Olympic Games
Before turning to the legal challenges faced by the CAS, it is important to
devote a few paragraphs to certain of the entities involved in combating doping
during Olympic Games, so that readers understand why the CAS played a central
role in deciding doping questions during the 2016 Games in Rio de Janeiro.
The main entity in the Olympic Games is the International Olympic Committee
(IOC). The IOC is an independent international organization that functions as the
supreme authority of the Olympic Movement. It acts as a catalyst for collaboration
between all parties of the Olympic family, from the National Olympic Committees,
the International Sports Federations, the athletes and the Organizing Committees
for the Olympic Games to the Worldwide Olympic Partners and broadcast partners,
among other organizations.
One of IOC's missions is " to protect clean athletes and the integrity of sport,
by leading the fight against doping, and by taking action against all forms of
manipulation of competitions and related corruption " . 7
As part of its fight against doping, the IOC supported the creation of the World
Anti-Doping Agency (WADA), an international regulatory body composed of and
financially supported by both the sports movement and governments worldwide.
WADA is responsible for carrying out scientific research and educational initiatives,
developing anti-doping capacities and monitoring compliance with the World
Anti-Doping Code.
It was also the IOC that, in the 1980s, created the Court of Arbitration for Sport,
with the aim of facilitating the resolution of sport-related disputes. Today, the CAS
is recognized as an institution independent of the IOC, 8
and it offers services for
resolution of sport-related disputes, through arbitration or mediation proceedings,
governed by procedural rules tailored to the specific needs of the sports community.
The CAS deals with both (a) commercial disputes related to the performance
of contracts and civil liability in the sports world, as a court of sole instance or as
a court of appeals; and (b) disciplinary disputes, such as those related to doping,
7. WORLD ANTI-DOPING AGENCY (WADA). WADA statement: Independent investigation
confirms Russian state manipulation of doping control. Retrieved from https://www.wada-ama.org/en/
news/wada-statement-independent-investigation-confirms-russian-state-manipulation-doping-control.
8. Information available at WORLD ANTI-DOPING AGENCY (WADA). WADA names Richard
McLaren to Sochi investigation team. Retrieved from https://www.wada-ama.org/en/news/wadanames-richard-mclaren-sochi-investigation-team
and WORLD ANTI-DOPING AGENCY (WADA).
Independent Investigation into the Sochi Allegations made by Grigory Rodchenkov. Retrieved from
https://www.wada-ama.org/sites/default/files/resources/files/wada-independent-investigation-of-grodchenkov-allegations-tor-en_0.pdf.
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Paris Journal of International Arbitration 2024‑1

https://www.wada-ama.org/en/ https://www.wada-ama.org/en/news/wada https://www.wada-ama.org/sites/default/files/resources/files/wada-independent-investigation-of-g

Revue - Les Cahiers de l'Arbitrage N°1 - 2024

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