Bär & Karrer Partner Among the CAS Arbitrators Recognizing Two World Records by British Swimmers

The Court of Arbitration for Sport (CAS), including Bär & Karrer partner Michele Bernasconi, has issued its decision in the arbitration procedure between British Swimming and swimmers Adam Peaty, Francesca Halsall, Jemma Lowe and Chris Walker Hebborn and the Fédération Internationale de Natation (FINA):

• The time of 3:44.02 set on 19 August 2014 by Adam Peaty, Francesca Halsall, Jemma Lowe and Chris Walker-Hebborn in the 4x100m Mixed Medley Relay swimming event at the 32nd European Swimming Championships is recognised to constitute the world record at the time it was set.
• The time of 26.62 set on 22 August 2014 by Adam Peaty in the 50m Breaststroke swimming event at the 32nd European Swimming Championships is recognised to constitute the world record at the time it was set.

Following the events in question, the Athletes underwent doping controls which did not return any abnormalities. Testing for EPO was conducted only on a selection of the samples provided throughout the championships. That selection did not include the samples taken from the athletes involved in this matter.

British Swimming requested for the times to be formally recognised by FINA as world records, on 9 August 2015, the FINA informed the athletes that it would not approve them as world records because the swimmers had not been tested for EPO by the testing authority and therefore had not fulfilled all the requirements set out in the applicable regulations for a world record to be recognised. In their appeal to the CAS, the appellants challenged this decision and requested that it be overturned.