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CAS has no jurisdiction to decide the dispute between WADA and PCB

Lausanne, July 2 (UNI) In a major relief to Pakistan speedsters Shoaib Akhtar and Mohammad Asif, the Court of Arbitration for Sport today dismissed ''with some regret'' the appeal filed by the World Anti-doping Agency (WADA) against Pakistan Cricket Board (PCB) setting aside drugs bans imposed on the two players.

''The CAS has considered that it has no jurisdiction to decide the dispute between the World Anti-Doping Agency and the Pakistan Cricket Board, Shoaib Akhtar and Mohammad Asif,'' a CAS statement said.

Shoaib Akhtar was initially banned for two years and Mohammad Asif for one year in November last year after testing positive for a metabolite of prohibited steroid nandrolone, but the PCB's Anti-Doping Appeals Committee overturned both bans.

The World Anti-Doping Agency (WADA) appealed against the PCB ruling to CAS, but the Lausanne-based court cannot get involved as the PCB's statutes contain no provision for an appeal to CAS.

In order for the CAS to have jurisdiction to rule on an appeal, it is mandatory that a direct reference to the arbitration court be contained in the statutes or regulations of the body whose decision is being appealed.

Moreover, the Code of the International Cricket Council (ICC) does not provide for a right of appeal to the CAS.

Both players were included in Pakistan's squad for yesterday's scheduled one-day match against Scotland, but the match was a wash-out. They are due to face India in Glasgow tomorrow.

UNI

Story first published: Tuesday, August 22, 2017, 12:38 [IST]
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