Missing an Olympic event represents a unique opportunity lost forever—one that cannot be fixed later through monetary compensation. If an athlete receives a provisional suspension for an anti-doping rule violation three days before their event, waiting for a complete hearing would eliminate any meaningful relief. An emergency injunction is a provisional legal remedy that temporarily suspends sanctions while an athlete's case undergoes full review.
When Should Athletes Consider Seeking an Emergency Injunction?
Before pursuing emergency relief, athletes need to evaluate whether this legal remedy makes sense for their situation. At Global Sports Advocates, our sports law attorneys recommend that athletes:
- Assess the merits realistically. Injunctions are more likely when there's a credible defense—proven contaminated supplements or clear procedural errors in sample collection or testing.
- Consider faster alternatives first. Expedited hearings within the anti-doping system may resolve the issue without emergency action.
- Prepare for intensity and cost. Emergency injunctions require rapid legal work, expert support, and evidence development under extreme time pressure.
What Must Athletes Prove to Obtain an Emergency Injunction?
The burden rests on the athlete to demonstrate why emergency relief is necessary. To be successful, you must establish:
- Prima facie case on the merits. You don't need to prove your case definitively, but you must demonstrate that you are likely to succeed on the merits. Presenting evidence of contamination strengthens your prima facie case—for example, laboratory results indicating your dietary supplement or prescription medication contained the prohibited substance found in your test suggests your violation was likely without fault.
- Irreparable harm. You must demonstrate that you'll suffer damage that amounts to a once-in-a-lifetime missed opportunity if the relief sought is not granted. Missing an Olympics would qualify—the unique prestige, personal achievement, and career advancement associated with Olympic participation cannot be replicated.
- Balance of hardships. Arbitrators weigh the harm you'll suffer without an injunction against the harm others might experience if relief is granted. In Olympic doping cases, the balance can favor the athlete—if you're later found to have violated rules, your results can be disqualified retroactively. However, if you're exonerated after being wrongly suspended, you can never recover your missed Olympic opportunity.
- Public interest. You must demonstrate that granting an injunction serves the public interest by considering broader implications beyond your individual case. Protecting athletes from wrongful suspensions upholds the integrity of anti-doping procedures and ensures fair treatment within the sports system.
How Does the Emergency Injunction Process Work at the Court of Arbitration for Sport?
The Court of Arbitration for Sport (CAS) maintains special procedures for urgent requests. These streamlined processes move quickly to provide relief known as “provisional measures”. The CAS can resolve requests for provisional measures within days.
- File a request for provisional measures with CAS. This filing must include all relevant documents—the decision being challenged, evidence supporting your case, and a clear explanation of why emergency relief is necessary. Your legal team must compile this information quickly, often within hours of learning about the suspension.
- CAS appoints a panel. The arbitration panel examines your submission and may request additional information. Unlike full hearings that take weeks to schedule, emergency proceedings often conclude within days.
- The anti-doping organization responds. The anti-doping organization will get the chance to respond and provide its position on why the provisional measures being sought should not be granted.
- CAS may schedule an expedited hearing. Both parties present arguments, often via video conference to accommodate geographic distances and time constraints. Witnesses may testify, though the scope is more limited than in final hearings.
- The arbitrator issues a decision. If granted, the provisional relief remains in effect until a final hearing resolves your case.
An emergency injunction doesn't guarantee victory in the final hearing. It simply preserves your ability to compete while your case proceeds on the merits.