Sun Yang’s allure at the last minute, can you turn around here?

Original title: Expose Sun Yang to appeal at the last minute

According to the well-known American swimming magazine “Swimming World” (Swimming World) reported that last Thursday, at the last moment of the appeal deadline, Sun Yang appealed to the Swiss Federal Court on February 28 for the eight-year decision to ban CAS. According to previous reports, the success rate of such resources is minimal. If Sun Yang does not appeal, his career will end. But in theory, Sun Yang still has a chance.

▲ Sun Yang (image according to IC Photo)

Beijing time on February 28, CAS announced the verdict, Sun Yang was suspended for eight years, with immediate effect. The Chinese Swimming Association proactively expressed its regret while supporting Sun Yang’s “protection of rights”. Sun Yang said he would appeal. Lawyer Zhang Qihuai released a statement and will appeal to the Swiss Federal Court within 30 days. Originally scheduled for March 28 is the deadline for your appeal, but due to the epidemic, the Swiss Federal Supreme Court has closed all operations since March 20. For this reason, Sun Yang’s appeal period was also extended until last Thursday. He also appealed at the last minute, hoping to dismiss the CAS (International Court of Arbitration for Sport) in favor of the WADA (World Anti-Doping Agency) ruling. However, at present, the Swiss Federal Court has not confirmed the details of the appeal, but according to “Swimming World”, the Swiss Federal Court has opened a case file, containing the number of the “Sun Yang Case” . So far only, there is no schedule to hear the appeal.

Although an appeal has been filed, Sun Yang has little chance of winning the case. In accordance with the relevant regulations, the Swiss Federal Court will not consider the specific case when handling the appeal. Its jurisdiction is focused on the law. Only the following five reasons can cause you to overturn the CAS decision: First, the appointment or arbitration of the sole arbitrator. The composition of the court violates the rules; 2. The arbitral tribunal determines whether its own jurisdiction is incorrect; 3. The arbitral tribunal annuls or fails the judgment; 4. Violates the basic principles of the procedure; 5. The award violates Swiss public policy. It is worth mentioning that, in November of last year, before going to the Arbitration Court (CAS) to hear Sun Yang’s case, Sun Yang’s legal team appealed to SFT at least twice on procedural and legal issues, but both were rejected. According to the previous ruling of the Swiss Federal Court, the possibility of a successful appeal is less than 7%.

▲ November 15, 2019, Montreux, Switzerland, the Sun Yang International Court of Arbitration for Sport held a public hearing

Recently, the public opinion environment about Sun Yang is getting worse and worse. In April, CCTV went to the Chinese swimming team for an interview and reported that Sun Yang was no longer on the national team list. Interestingly, the document that Sun Yang was selected for the national swimming team appeared on the Internet. Sun Yang was again pushed into public opinion, and soon the Chinese Swimming Association announced that Sun Yang was in a period of suspension. Because Sun Yang was unable to train with the national team during the suspension period, the Chinese swimming team was also held responsible by FINA.

Although according to the “Washington Post” report, from January 1 of next year, WADA will implement new regulations on testing procedures and qualifications, Sun Yang’s suspension will be shortened from 8 years to just 11 months. When these rumors have not been officially confirmed. Therefore, it can be said that the appeal to the Swiss Federal Court is Sun Yang’s last fight. If the appeal fails, your career will end.

Red Star News reporter He Pengnan

Editor in charge: Zhu Jiabei