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2006 Annual Survey: Recent Developments in Sports Law 585 (2006)

handle is hein.blasports/ansrvds0017 and id is 1 raw text is: 2006 ANNUAL SURVEY: RECENT DEVELOPMENTS IN SPORTS LAW INTRODUCTION This survey reports on sports-related cases that were decided between January 1 and December 31, 2006. The survey is not intended to include every case related to sports law decided in the past year; instead, it provides a summary of some of the more important cases that have been decided within the past year. In order to provide further clarity for the reader, the survey is divided into subsections based on particular areas of sports law.' ALTERNATIVE DISPUTE RESOLUTION Alternative Dispute Resolution is a method of resolving conflicts outside of the court system through mediation and arbitration. The Court of Arbitration for Sport (CAS) provides a means to facilitate the settlement of sports-related disputes through arbitration and mediation. CAS is able to provide a quicker form of relief, especially at the Olympic Games where it sets up an ad hoc division and eligibility decisions are made immediately. As a result of CAS, there have been many developments within Alternative Dispute Resolution in the context of sports. Most major league Collective Bargaining Agreements require arbitration in certain disputes. If a court determines that arbitration is required, it will dismiss the case. Many of the following cases discuss decisions made at the 2006 Turin Olympic Games. Australian Olympic Comm. (AOC) v. Fedration Internationale de Bobsleigh et de Tobogganing (FIBT)2 The Brazilian and New Zealand four-man bobsled teams qualified for the Olympic Games by finishing first and second in the North American Challenge Cup. The Australian team finished third. The Brazilian Olympic Committee (BOC) conducted an out-of-competition doping test, and one of the members of the bobsled team tested positive for the prohibited substance nandrolone. The BOC announced the positive result to the press, withdrew the 1. The cases are listed in alphabetical order within each section. 2. CAS ad hoc Division (O.G. Turin 06) 010, award of Feb. 20, 2006.

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