CAS 2019/A/6148, World Anti-doping Agency v. Sun Yang and Fédération Internationale de Natation, Award of 28 February 2020

The case of World Anti-Doping Agency v. Sun Yang and Fédération Internationale de Natation (CAS 2019/A/6148) concerned an appeal lodged by the World Anti-Doping Agency (WADA) before the Court of Arbitration for Sport (CAS) against a decision of the International Swimming Federation (FINA)’s Doping Panel. The latter had acquitted Mr Sun Yang (the Athlete) of a doping violation, reasoning that a member of the sample collection team had exhibited inappropriate behaviour during the collection process, and, in any event, the team had not provided the Athlete with a clear account of the consequences of his refusal to provide a blood sample. The CAS Panel reversed the decision of the FINA Doping Panel and held that the Athlete had intentionally “tampered” with the doping control. The CAS Panel thus imposed an eight-year period of ineligibility, taking account of the fact that the Athlete had committed a separate anti-doping rule violation in 2014, which called for a doubling of the minimum statutory sanction of four years.