Independent Arbitration Commission
Tasks of the Independent Arbitration Commission
The Independent Arbitration Commission was established by law to provide those affected by sanctions under the anti-doping law (athletes, clubs, teams) with an opportunity to have the sanctions imposed in the first instance under the anti-doping law reviewed (until 30 June 2008, the competent national sports federation was the first instance, as of 1 July 2008, the Legal Commission at NADA GmbH is responsible). The statutory fees for the proceedings must be paid in advance.
The Independent Arbitration Commission is additionally responsible for reviewing decisions on therapeutic use exemptions at the request of the person(s) concerned.
The Independent Arbitration Commission consists of three permanent members and three permanent substitute members from the fields of law, sports medicine and toxicology/analytical chemistry. The permanent members perform their duties independently. The Independent Arbitration Commission is not a body of NADA GmbH. The branch office of the Independent Arbitration Commission is situated at NADA GmbH.
The person concerned and/or the competent national sports federation may send as many as two additional members to the Independent Arbitration Commission in individual cases. The Arbitration Commission takes its decision jointly, after meeting behind closed doors and voting with a majority decision.
Apart from and subsequent to the decision rendered by the Independent Arbitration Commission, those concerned are entitled to recourse to the public courts. Following the decision of the Independent Arbitration Commission, a request for review may be lodged with the Court of Arbitration for Sport (CAS).
Legal basis
The tasks and activities of the Independent Arbitration Commission are set forth in § 16 and § 17 of the Anti-Doping Federal Act as amended by Federal Law Gazette I no. 146/2009:
§ 16. (1) An Independent Arbitration Commission consisting of three permanent members and three permanent substitute members with the following qualifications shall be established at the Independent Anti-Doping Organization:
- the chairman (and his substitute member) must have passed the Austrian bar exam or be a licensed judge;
- one member (and his substitute member) must be an expert in analytical chemistry or toxicology;
- one member (and his substitute member) must be a sports medicine expert.
(2) The members (and substitute members) pursuant to para 1 nos. 1 to 3 shall be appointed by the Federal Minister of Defence and Sports for a four-year term. They can be re-appointed. The appointment can be withdrawn prematurely for material reasons. The members (and substitute members) can retire from their position any time. If a member (or substitute member) retires prematurely, a new member shall be appointed for the remainder of the term.
(3) The parties pursuant to § 17 para 3 no. 1 can jointly appoint an extra member for their case pending with the Independent Arbitration Commission; the same applies to the competent national sports federation. He can be dismissed by them for material reasons or retire from the position on its own accord. In this case, a new member can be appointed.
(4) The material expenses of the Arbitration Commission shall be paid by the Independent Anti-Doping Organization. § 6 para 6 first and second sentences shall apply.
(5) § 4 para 6 shall apply correspondingly.
§ 17. (1) The provisions under § 580 paras 1 and 2, § 588 para 2, § 592 paras 1 and 2, § 594, § 597 to 600, § 601 paras 1, 2 and 4, § 604 to 605, § 606 paras 1 to 5, § 608 paras 1 and 2 and § 610 of the Austrian Code of Civil Procedure (Zivilprozessordnung), Imperial Law Gazette no. 113/1895, shall apply correspondingly to the proceedings before the Arbitration Commission.
(2) The parties pursuant to para 3 can request a review of decisions made pursuant to § 15 by the Independent Arbitration Commission within four weeks from being served the decision. The decision shall be reviewed by the Arbitration Commission as to its legality and can be repealed without replacement on grounds of illegality or modified in all ways. The request for review shall have no suspensive effect on the decision pursuant to § 15.
(3) The following shall be parties to the arbitration proceedings:
- those affected by the decision of the national sports federation (athletes, team, association, etc.); the team or association shall designate a representative;
- the competent national sports federation; and
- the Independent Anti-Doping Organization.
(4) The parties shall pay the expenses for their representation, for experts and witnesses consulted upon their request and for other evidence presented by them. If the proceedings are instituted upon request of one of the parties pursuant to para 3 no. 1, each party requesting the review shall also reimburse the Independent Anti-Doping Organization with a flat amount equaling the filing fee for an amount in dispute of EUR 40,000 under § 32 fee item 1 of the Court Fee Act (Gerichtsgebührengesetz; GGG), Federal Law Gazette no. 501/1984 in advance. § 6 para 5 shall apply.
(5) Paras 1 to 4 and 6 and 7 shall apply to the proceedings before the Independent Arbitration Commission pursuant to § 6 para 4 and § 8 para 7.
(6) The Independent Arbitration Commission shall rule immediately, but within six weeks at the latest, unless the parties have agreed on an extended time period. Regardless of the Independent Arbitration Commission's ruling, the parties to the arbitration proceedings also have the right to appeal to the CAS or to a civil court.
(7) The decisions of the Independent Arbitration Commission shall be served to the parties of the proceedings.
Members of the Independent Arbitration Commission
Chairperson
- Dr. Peter Döller
Other permanent members
- Sports medicine
OA Dr. Gerhard Postl
- Toxicology/analytical chemistry
ao Univ. Prof. Dr. Walter Vycudilik
Substitute members
- Peter Treichl (chairperson)
- Dr. Harald Fostel (toxicology/analytical chemistry)