Strict Liability In International Sports Arbitration From The Sun Yang Case

On January 16,2021,the Swiss Federal Supreme Court announced the revocation of Sun Yang's eight year arbitration ban.This doping violation case that has lasted for more than two years and has attracted the attention of the people will be re-arbitrated.Throughout the entire process of the trial of Sun Yang's case by the Court of Arbitration for Sport,strict liability affects the trial and adjudication of the case.As the core principle of regulating doping violations,strict liability has been widely recognized and implemented with its high efficiency,practicality,and economic advantages,which solves the problem of accountability and effectively maintains a pure and clean sportsmanship spirits.However,in judicial practice,it has gradually exposed its incompatibility with the current anti-doping rules.The first part of this article introduces the opinions and disputes of the parties regarding the application of strict liability in the Sun Yang arbitration case.The second part elaborates on the current status of the application of strict liability in the Court of Arbitration for Sport.The third part examines the limitations of strict liability exposed in the Sun Yang case in the application of the anti-doping system and arbitration procedures.The fourth part puts forward suggestions to improve the application of strict liability.