An Analysis On Doping Disputes Artributed By Court Of Arbitration For Sport Under The Principles Of Lex Sportiva

Doping disputes have been growing in competitive sports amid a massive doping ban on Russia's track and field team at the Rio Olympics.Arbitration,as the most effective solution to the doping dispute,has been widely recognized by the world.The Court of Arbitration for Sport has accepted many cases of sports disputes since its establishment in 1986,but Lex Sportiva and its principles are still in a state of dispute.This paper adopts the literature method,case analysis method and mathematical statistics method to study international sports arbitration.To study the doping dispute based on international sports arbitration,This paper analyzes the feasibility,applicability and related problems of basic principles of Lex Sportiva and puts forward corresponding countermeasures.A case study of Russia's suspension of the Rio Olympic Games was carried out.In order to provide references for the possible sports disputes in the upcoming 2022 winter Olympic Games in China.The study found that Lex Sportiva has been recognized by most sports scholars since its emergence and has been applied in the arbitration of doping and other sports disputes.Part of Lex Sportiva is consistent with the anti-doping regulations,and relevant principle in the Lex Sportiva,for example: the principle of strict liability,etc.,fully apply to the international sports arbitration doping dispute,arbitration with reference to Lex Sportiva is feasible and necessary.However,there are some problems in the international sports arbitration: Firsly,due to the nature of sports autonomy,the parties shall have the right to choose applicable law,which may aviod the puntive action.Secondly,during the whole process of international sports arbitration,the arbitrator's discretion power has a great influence on the result of the arbitration.Thirdly,Lex Sportiva may contradict to the law of the place of arbitration.In view of the existing problems,this paper puts forward the following suggestions: Firstly,the court of arbitration for sport should be appropriate to strengthen its mandatory legal policy,the parties should just be a reference,to ensure the fairness of arbitration.Secondly,the qualification of arbitrators should be examined more strictly.Thirdly,in the international arbitration involving China's sports disputes,China should establish existing laws and regulations to avoid the conflict between Lex Sportiva and Chinese law.