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14 U. Notre Dame Austl. L. Rev. 1 (2012)
The Comfortable Satisfaction Standard of Proof: Applied by the Court of Arbitration for Sport in Drug-Related Cases

handle is hein.journals/undauslr14 and id is 13 raw text is: THE 'COMFORTABLE SATISFACTION' STANDARD OF PROOF: APPLIED BY THE COURT OF ARBTIRATION FOR SPORT IN DRUG-RELATED CASES DR CHRIS DAVIES* Abstract The common law has developed many principles in relation to evidence, including two standards of proof, one for criminal cases and one for civil matters. Many sporting disputes are now settled by the Court of Arbitration for Sport (CAS) and it utilises a third standard of proof, namely 'comfortable satisfaction', which is defined as lying in between the criminal 'beyond reasonable doubt' and the civil 'balance of probabilities'. Despite stating that it is not bound by the rules of evidence, an examination of CAS drug cases indicates that it operates in a similar way to common law courts in regards to how it uses the evidence presented to it. I INTRODUCTION The common law has developed numerous principles in relation to evidence, including who should bear the onus of proof, and to what standard. Principles have developed in regard to the use of direct and circumstantial evidence. The doctrine of presumptions has also developed in order to allow certain evidence to be accepted, unless rebutted. However, within the sporting context, it is the Court of Arbitration for Sport ('CAS') which is now the usual final avenue of appeal in many sport disputes. It is a non-judicial, international body which has made it clear that it does not have to follow the rules of evidence.' For example, in regards to standard of proof, what has become accepted under the rules of CAS and other sporting bodies, has Associate Professor, School of Law, James Cook University. 1 D'Arcy vAustralian Olympic Committee CAS 2008/A/1574, [401; D'Arcy vAustralian Olympic Committee (2008) 3(1) Australian and New Zealand Sports LawJournal 119. 1

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