An appeal against the decision of a federation, association or sports-related body may be filed with CAS if the following conditions are met: the statutes or regulations of the said body so provide or if the parties have concluded a specific arbitration agreement and if the Appellant has exhausted the legal remedies available to it prior to the appeal, in accordance with the statutes or regulations of that body.
According to CAS case-law, a decision is, based on Article R47 of the CAS Code, a unilateral act sent to one or several Parties and producing binding legal effects.
Facts and procedure
During an Algerian Professional Football League match, held in December 2015, the Player underwent an anti-doping test. The club’s doctor accompanied him and the Player accepted such test to be performed upon him. The sample was divided into an “A-Sample” and a “B-Sample”. No remarks were done by the Player during the procedures and he duly signed the anti-doping sampling form.
The samples were sent to Lausanne’s anti-doping laboratory. On 20 January 2016, the Player's “A-Sample” tested positive for methylhexanamine (dimethyl-pentylamine), a specific in-competition prohibited substance....
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