A detailed review of the CAS Panel’s decision in WADA v Sun Yang & FINA

In a decision first announced[1] on 28 February 2020 the Court of Arbitration for Sport (CAS) confirmed that Sun Yang would be banned from competitive swimming for eight years. His swimming future now rests largely on one final avenue of appeal to the Swiss Federal Tribunal. 

On 4 March, CAS released the Panel’s full, reasoned decision, a copy of which is available here[2]. This article reviews the decision and analyses its potential implications.  Specifically, it looks at:

• The reasoned decision
  • The conduct of the sample collection personnel
  • Sun Yang’s intention to interfere and reliance on entourage
• Sanction
• Comment
  • Appeal to Swiss Federal Tribunal
  • Lessons for FINA

For background reading on the facts and the legal arguments made at the hearing, please see this article by the author: A detailed analysis of the legal arguments in WADA v Sun Yang & FINA - a very public hearing[3].