International Olympic Committee (IOC), International Skating Union (ISU) v. Laura Barquero Jimenez

At a glance

Parties

International Olympic Committee (IOC) and International Skating Union (ISU) v. Laura Barquero Jimenez (Spain)

Case no.

CAS 2022/ADD/48

Forum and rules

CAS Anti-Doping Division (first instance); IOC Anti-Doping Rules for the XXIV Olympic Winter Games Beijing 2022; CAS ADD Arbitration Rules

Tribunal

Raphaëlle Favre Schnyder (Sole Arbitrator)

Sector

Sport – figure skating (pairs skating); doping

Outcome

Partial award of 10 August 2022: anti-doping rule violation (clostebol) established; the athlete's result and the pair's team result in the Beijing 2022 pairs short programme disqualified. Consequences beyond the Games were left to a second phase.

Amount

No monetary award. The award is pronounced without costs, except for the ADD Court Office fee of CHF 1,000 paid by the IOC, which the ADD retains.

The dispute

Laura Barquero Jimenez is a Spanish pairs skater. She competed with her partner Marco Zandron at the Beijing 2022 Olympic Winter Games and finished 11th in the pairs short programme. An in-competition sample collected from her on 18 February 2022 returned an adverse analytical finding for a clostebol metabolite, a non-specified anabolic steroid. The B-sample analysis confirmed it, at an estimated concentration of about 0.5 ng/ml. The International Testing Agency, acting for the IOC, applied to the CAS Anti-Doping Division under Article 8.1.1 of the IOC Anti-Doping Rules, and the ISU joined as co-claimant. The athlete admitted the violation and accepted the IOC's requests for relief. She maintained that the violation was not intentional and reserved the right to seek elimination or reduction of any ineligibility period on the basis of "No Fault or Negligence" in a later phase. She also asked for the proceedings to be conducted in Spanish.

Key holdings

1. CAS ADD has jurisdiction under Article 8.1 of the IOC ADR and Rules A1–A2 of the CAS ADD Arbitration Rules. The parties did not dispute jurisdiction and confirmed it by signing the Order of Procedure. ¶¶ 39–44
2. The arbitration is conducted in English. Many filings were already in English, the athlete's representatives master English, and the athlete may use an interpreter for any oral communication or hearing, so the use of English does not curtail her procedural rights. ¶¶ 50–51
3. The athlete committed an anti-doping rule violation under Article 2.1 and/or 2.2 of the IOC ADR. The clostebol metabolite was found in her A-sample, confirmed in her B-sample, and the violation was admitted. ¶¶ 52–57
4. Under Article 9 of the IOC ADR, which applies to in-competition tests in individual sports, the athlete's 11th-place result in the pairs short programme is automatically disqualified. ¶¶ 58–61
5. Pairs skating involves a team of two but is not a "Team Sport". Article 11.3 of the IOC ADR therefore requires the ISU's rules to be applied to the team. Under Article 11.2.1 of the ISU ADR, the pair's team result is disqualified, with forfeiture of medals, diplomas, points and prizes. ¶¶ 62–65
6. The IOC's participation ends with this partial award. The proceedings continue between the ISU and the athlete on the consequences of the violation beyond the Games, and a final award is to follow. ¶¶ 67–69; operative ¶ 5
7. The award is pronounced without costs, except for the CHF 1,000 ADD Court Office fee paid by the IOC, which the ADD retains. Operative ¶ 6

Procedural history

1. 18 February 2022In-competition doping control at the Beijing 2022 Olympic Winter Games.
2. 20 February 2022The Beijing laboratory reports an adverse analytical finding for a clostebol metabolite.
3. 22 February 2022The ISU imposes a provisional suspension. The athlete requests analysis of the B-sample.
4. 3 March 2022The B-sample confirms the A-sample finding. The ITA issues a Notice of Charge on 9 March 2022.
5. 13 June 2022The ITA, on behalf of the IOC, files its application with the CAS Anti-Doping Division. The ISU joins as co-claimant on 17 June 2022.
6. 22 June 2022The athlete states that she admits the violation and accepts the requests for relief.
7. 25 July 2022Raphaëlle Favre Schnyder is appointed Sole Arbitrator on behalf of the Division President.
8. 10 August 2022Partial award: violation found and results disqualified; the proceedings continue between the ISU and the athlete.

Tribunal, counsel and experts

Decided by

• Raphaëlle Favre Schnyder Sole arbitrator, CAS Anti-Doping Division — appointed by the institution

Experts

Alberto Salamone (respondent)

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Keywords

• anti-doping rule violation
• clostebol
• anabolic androgenic steroids
• CAS Anti-Doping Division
• Beijing 2022
• Olympic Winter Games
• pairs skating
• figure skating
• disqualification of team results
• IOC Anti-Doping Rules Article 11.3
• ISU Anti-Doping Rules
• language of the arbitration
• partial award
• No Fault or Negligence
• International Testing Agency
• adverse analytical finding

Summary generated with AI from the published documents — refer to the award for the authoritative text.