Game, set and mismatch: Inconsistency in tennis' recent anti-doping cases

In the last year, the International Tennis Integrity Agency (ITIA) has charged both Jannik Sinner and Iga Świątek (both World No. 1s) with anti-doping rule violations after they tested positive for prohibited substances. Surprisingly though, the existence of these violations at the very top of the game has not been the primary focus of the tennis world. Rather, discussion has centred largely around the way the ITIA (and latterly WADA) have handled the cases when compared to those of other professional players.[1]
This article reviews the Sinner and Świątek cases, together with those of Sharapova and Halep, before exploring the concerns around inconsistent treatment and sanctions:
- Nature of the concerns
- Sharapova’s case
- Halep’s case
- Sinner’s case
- Świątek’s case
- Main areas of controversy
- Lack of public disclosure of provisional suspensions and positive results
- Speed with which provisional suspension applications heard and granted
- Application of ‘Intentionality’ criterion
- Application of ‘No (Significant) Fault or Negligence’
- Discrepancies in sanctions imposed
- Possibility of ‘Case Resolution Agreement’ with WADA and its timing
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- Tags: Anti-Doping | CAS | Dispute Resolution | ITIA | Regulation | Tennis | United Kingdom (UK) | WADA | World Anti-Doping Agency (WADA)
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Written by
Meg Cochrane
Meg is a barrister at 1EC. She has a multi-disciplinary practice and welcomes instructions across a range of Chambers’ areas of expertise. In sports, recent matters on which Meg has been instructed include drafting an application on behalf of the purchasers of the EFL League One football club, Reading FC, (led by Jonathan Miller); and advising on whether a decision rendered by the International Cricket Council’s Anti-Corruption Tribunal could be judicially reviewed (assisting Lisa Hatch).