THE SAGA CONTINUES - WADA APPEALS

[beelzebub 23,380]

Because Wilson would know what WADA is up to ? I dont think so

No Lance..it will be heard subject to the Rules of the apllicable tribunal. But its subject by default to the laws on the country where held if parties do not agree. So lets be circumspect here. Im betting WADA wont agree to anything that gives these chumps a leg up.. Boot on other foot now>

[beelzebub 23,380]

Now, I'd love for you to explain your informed comments above. I would love to know how you think CAS are going to enforce this rule and make the AFL a 17 team competition.

I thought a clever lad like you would have figured that out.....as the answer stares you in the face.

You are making the misassumption that WADA cares 2 shlts about AFL. If it decides to swing its big hammer it might make a bit of a mess.

If suddenly Essendon finds itself without 20 odd players the AFL will no doubt enact Rule 63wearemakingitupaswegoalong and aloow EFC to play as per preseason. Of course the club may well be without a number of its football dept as well.

Or it might get really nasty....just to prove a point.

So in actuality...there are mechanisms in place for CAS to validate the Penalties as set out by WADA.

Welcomw back btw ...we missed you

[Ted Lasso 19,520]

LLancei guarentee if wada are successful there will be a number of parties with the essendon football club in their crosshairs

[biggestred 5,105]

Does old lance here remember the time essendon said they didnt know what the players had been injected with?

Coulda been anything?

Don't remember?

[DemonFrog 1,354]

you obviously haven't been there recently

but yes, it probably is too good for them nevertheless

True, I was there about 8 years ago. Loved the place and its people. It is sad to see what is currently happening to the place.

[beelzebub 23,380]

I wonder what the likes of the Lancelot Link lads will do when it all goes belly up for them. Who will they blame ?

[Lance Uppercut 10]

Because Wilson would know what WADA is up to ? I dont think so

No Lance..it will be heard subject to the Rules of the apllicable tribunal. But its subject by default to the laws on the country where held if parties do not agree. So lets be circumspect here. Im betting WADA wont agree to anything that gives these chumps a leg up.. Boot on other foot now>

Wilson is lying is she? Ok then.

It's not subject by default to the laws of the country where held if parties don't agree. Are you able to provide any evidence to back that statement up? I quoted the specific section straight from the CAS website as proof of my assertion

[Lance Uppercut 10]

I thought a clever lad like you would have figured that out.....as the answer stares you in the face.

You are making the misassumption that WADA cares 2 shlts about AFL. If it decides to swing its big hammer it might make a bit of a mess.

If suddenly Essendon finds itself without 20 odd players the AFL will no doubt enact Rule 63wearemakingitupaswegoalong and aloow EFC to play as per preseason. Of course the club may well be without a number of its football dept as well.

Or it might get really nasty....just to prove a point.

So in actuality...there are mechanisms in place for CAS to validate the Penalties as set out by WADA.

Welcomw back btw ...we missed you

the statement was made that CAS would enforce a rule eliminating Essendon from the competition. That statement was false. Given the statement was made by someone who appears to believe they are an expert with inside information, do you find that odd?

Additionally, WADA don't "decide to swing" any big hammer. They abide by the legislation, which is the AFL anti doping code. If they are successful, the penalties are enforced by agreement as per any international treaty. WADA put thier case, that's it. No "getting nasty" - that's just complete fiction sorry.

Glad to be back.

[beelzebub 23,380]

Actually lance no. It's now WADA code as per tribunal rules as a judged by CAS. Get it right lad

[Lance Uppercut 10]

LLancei guarentee if wada are successful there will be a number of parties with the essendon football club in their crosshairs

I'm sure that's correct

[Lance Uppercut 10]

I wonder what the likes of the Lancelot Link lads will do when it all goes belly up for them. Who will they blame ?

if it's found out my club cheated I'll blame those responsible, including the coach

Actually lance no. It's now WADA code as per tribunal rules as a judged by CAS. Get it right lad

no it's not. The WADA code and the AFL Anti Doping Code are very similar, almost identical. The reason for that is that the AFL anti doping code IS the wada code as it pertains to AFL footy.

You can take this to bank my friend. The CAS hearing will be heard according to the AFL anti doping code. Which is the version of the wada code signed off on by the AFL and, you guessed it, wada

[beelzebub 23,380]

Wada have their hand the gunnery. Its up to them what they pursue and up to CAS as to outcome. Wada can indeed either get nasty or be lenient. I wouldn't be back the latter.

[beelzebub 23,380]

Lance a Sparkly is not Champagne though the latter is the former. Wada code and AFL anti doping are similar. Guess which is which.

[Lance Uppercut 10]

Lance a Sparkly is not Champagne though the latter is the former. Wada code and AFL anti doping are similar. Guess which is which.

I know which is which. The WADA code is the master document, and each sport signs an agreement to abide by it. That document is then the wada code pertaining to that sport. It's not that hard.

I'd be interested to know what you think is happening, because WADA are appealing the decision that the EFC players did not breach the AFL anti doping code. That's the entire premise of the appeal...

[beelzebub 23,380]

Wilson is lying is she? Ok then.

It's not subject by default to the laws of the country where held if parties don't agree. Are you able to provide any evidence to back that statement up? I quoted the specific section straight from the CAS website as proof of my assertion

want me to do your leg work ? Go read how CAS operates.

[Lance Uppercut 10]

want me to do your leg work ? Go read how CAS operates.

um, I have. I've even quoted relevant sections about the process just a few posts up. No offence, but it appears you are the one that needs to read up. Because as I just said, wada are appealing the decision that efc players did not breach the afl anti doping code.

[beelzebub 23,380]

To make it simple

What law do the arbitrators apply ?

I­n the context of ordinary arbitration, the parties are free to agree on the law applicable to the merits of the dispute. Failing such agreement, Swiss law applies.

[Mazer Rackham 14,971]

OD always predicts the worst outcome. Then if by chance things turn out better he can be happy. The standard pessimist's win-win strategy.

"Win-win strategy"? Nightmare scenario for your experienced pessimist.

[Lance Uppercut 10]

To make it simple

What law do the arbitrators apply ?

I­n the context of ordinary arbitration, the parties are free to agree on the law applicable to the merits of the dispute. Failing such agreement, Swiss law applies.

haha, did you even read the following paragraph of the section you've quoted?! It's the very next paragraph.

http://www.tas-cas.org/en/general-information/frequently-asked-questions.html

In the context of the appeals procedure, the arbitrators rule on the basis of the regulations of the body concerned by the appeal and, subsidiarily, the law of the country in which the body is domiciled. The procedure itself is governed by the Code of Sports-related Arbitration.

http://www.tas-cas.org/en/general-information/frequently-asked-questions.html

The section you've quoted has nothing to do with appeals.

Edited June 5, 2015 by Lance Uppercut

[beelzebub 23,380]

Lance , in your own words 'my friend' they will operate under Swiss Law as far as the procedures goes. (Failing agreements ) Aussie Rules the Law only as it applies to the Rules of the Appeal. The rules are the same, jurisdiction and how the court would or could run in terms of the Court....won't be.

You may doubt this. Let's watch and wait...my friend, though tbh the notion of an Essendon apologist would have you fail my criteria for such.

[Lance Uppercut 10]

Lance , in your own words 'my friend' they will operate under Swiss Law as far as the procedures goes. (Failing agreements ) Aussie Rules the Law only as it applies to the Rules of the Appeal. The rules are the same, jurisdiction and how the court would or could run in terms of the Court....won't be.

You may doubt this. Let's watch and wait...my friend, though tbh the notion of an Essendon apologist would have you fail my criteria for such.

beelzebub, this IS an appeal. The line you quoted relates to ordinary arbitration. This is not an arbitration. This is an appeal. In the event of an appeal, it's exactly this:

http://www.tas-cas.o...-questions.html

In the context of the appeals procedure, the arbitrators rule on the basis of the regulations of the body concerned by the appeal and, subsidiarily, the law of the country in which the body is domiciled. The procedure itself is governed by the Code of Sports-related Arbitration.

http://www.tas-cas.o...-questions.html

In an appeals procedure (such as this) the arbitrators rule on the basis of the AFL and Australia. That is right there, in black and white, straight from the CAS faq section.

[sue 9,107]

if it's found out my club cheated I'll blame those responsible, including the coach

..

Good. But there is more to this than proof of cheating. Let's assume that there is none and even that proof emerges that they didn't cheat.

But do you not blame 'those responsible' for an 'experimental' program where no one knows what was injected, just that it must be OK for the players, maybe it even cures cancer etc. Why do you, as a responsible EFC supporter, not demand these blokes never darken your hangar again?

[Lance Uppercut 10]

Good. But there is more to this than proof of cheating. Let's assume that there is none and even that proof emerges that they didn't cheat.

But do you not blame 'those responsible' for an 'experimental' program where no one knows what was injected, just that it must be OK for the players, maybe it even cures cancer etc. Why do you, as a responsible EFC supporter, not demand these blokes never darken your hangar again?

unfortunately Sue I think you'll find all clubs push the boundaries to get an edge. EFC is not the only club that injects experimental substances. AFL clubs have a long tradition of this sort of thing and other innovations. Clearly it went badly wrong at EFC regardless of the result but I'm sorry I think that moral black and white view is not realistic

[rjay 24,943]

unfortunately Sue I think you'll find all clubs push the boundaries to get an edge. EFC is not the only club that injects experimental substances. AFL clubs have a long tradition of this sort of thing and other innovations. Clearly it went badly wrong at EFC regardless of the result but I'm sorry I think that moral black and white view is not realistic

'Lance', you make some interesting points in other posts but this one is a rubbish.

Can you name an AFL club and/or instance of this happening in the AFL? and if so did the club/clubs have records of what these experimental substances were?

[Lance Uppercut 10]

'Lance', you make some interesting points in other posts but this one is a rubbish.

Can you name an AFL club and/or instance of this happening in the AFL? and if so did the club/clubs have records of what these experimental substances were?

other clubs innovate. Melbourne Football club themselves (or their doctor at least) explored Dank.

EFC clearly went beyond what other clubs did, and as a result have suffered substantialy. If it is found they did cheat, the players must be punished appropriately, of course.