Essendon Case:The Appeal Filed by 34 Players is not Entertained by the Swiss Federal Tribunal

The AFL,  ASADA and the SFT have decided not to entertain the appeal filed by the players against the CAS award of Jan.11. 

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In the arbitration procedure between 34 current or former players ofEssendon FC (Australian Football) and the World Anti-Doping Agency (WADA), the AustralianFootball League (AFL) and the Australian Sports Anti-Doping Authority (ASADA), the SwissFederal Tribunal (SFT) has decided not to entertain the appeal filed by the players against theCAS award of 11 January 2016 imposing a 2-year ban on each player following an anti-doping ruleviolation.

The SFT determined that since the players did not formally challenge the jurisdiction of CAS duringthe arbitration procedure and accepted the application of the CAS Rules (including the ruleproviding for a de novo hearing (i.e. for a procedure allowing the CAS to conduct a full review ofthe case)), they had lost their right to challenge the CAS jurisdiction in appeal. The SFT added that,even if the jurisdiction of CAS had been properly challenged by the players, CAS jurisdiction inthis matter would have been confirmed and the appeal would have been dismissed.

As a consequence, the Arbitral Award rendered in this matter and the sanctions imposed on theplayers remain in force.

The full Arbitral Award is published on the CAS website.

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