CAS lifts the provisional suspension of Russian athletes Veronika Andrusenko and Aleksandr Kudashev

Lausanne, 19 July 2021 - The Court of Arbitration for Sport (CAS) has issued its decision in the urgent arbitration procedure between the Fédération Internationale de Natation (FINA) and the Russian athletes Veronika Andrusenko and Aleksandr Kudashev (collectively, the Athletes).

The Sole Arbitrator in charge of the arbitration procedure has lifted the provisional suspension imposed on Veronika Andrusenko and Aleksandr Kudashev, pursuant to Article 7.4.2 of the 2021 FINA Doping Control Rules.

On 12 July 2021, FINA sent “Charging Notices” to the Athletes notifying them of the assertion of an Anti-Doping Rule Violation (ADRV) pursuant to Article 2.2 of the 2015 FINA Doping Rules after learning that the Athletes had been identified in WADA investigations of materials recovered from the former Moscow Anti-Doping Laboratory, including the Laboratory Information Management System (LIMS). The parties agreed that the matter be heard in a fast-track procedure directly at CAS. FINA sought a finding that the Athletes had committed an ADRV pursuant to Article 2.2 of the 2015 FINA Doping Control Rules and the imposition of a four-year period of ineligibility. The Athletes, on the other hand, argued that the matter must be dismissed for a lack of evidence.

The Sole Arbitrator appointed by the CAS to decide the matter conducted an expedited procedure in order to render a final decision prior to the Olympic Games Tokyo 2020. The Sole Arbitrator found that FINA’s claim must be dismissed and, in consequence, the provisional suspension imposed on the Respondents by FINA on 12 July 2021 is lifted. The Sole Arbitrator considered that FINA did not manage to discharge its burden to his comfortable satisfaction as no firm elements that could establish that an ADRV was committed have been presented during the CAS proceedings.

The reasoned award, with the grounds for the Sole Arbitrator’s decision, will be issued to the parties in due course.

The original article can be found here.