Thursday, September 13, 2007

Tick, tick, tick...

Unconfirmed rumours from various sources, none official, say the hearing closed yesterday, and the 10 day clock is now running. That means we'd expect a decision by either Sep 22, or Sep 26 if we're counting business days.

Update: sources confirm the hearing is closed and the counting is calendar days, not business days. Mark your datebooks for the 22nd.

Once the hearing is "closed", the AAA rules require a decision within 10 days. This is part of the "expedited" arbitration process.

UPDATE 2: With skill, we learned the Panel actually managed to delay the close until Thursday the 13th, making the due-date Sep 23. That gives them an extra day to polish paragraphs.

9 comments:

Rich said...

Let's hope that clock is ticking.

jrdbutcher said...

Nothing much "expedited" about this arbitration process. All the costs, delays, and complexities of a court case, but without most of the built-in protections for the accused involved in a court case in the United States. The eventual appeal will not be open to the public, even if the accused desires the appeal to be made public knowledge. Why, again, is an arbitration process remotely fair in deciding a complicated case involving an accusation of doping in a high level sport?????

("Eightzero") said...

Anyone know what the deadline for appeal to the CAS is? CAS may or may not contemplate the AAA proceeding that typically occurs. Wonder if there is some sort of statute of limitations, and if so, what event starts *their* clock a tickin'....

pcrosby said...

There probably is a deadline for taking the case to the CAS, but it is not an appeal. It is a closed process "do-over" and the parties' only benefit from the arbitration is seeing what seemed to work or not with the arbitrators.
Pete Crosby

Michael said...

At this point, if Floyd loses, why would he go to arbitration in a loaded system?

Heck, Landaluze was allowed to race and had a lot less going for him than Landis. Yet the USADA and UCI proceded with the case anyways knowing they had a chance to find Landis guilty.

The way things work in cycling, Landis will have served his 2 years suspension by the end of a CAS arbitration. Might as well save his money now.

I hate to sound negative, but I don't have much faith in the arbitrators decision. I'm pulling for Floyd, but believe he's been screwed and will probably be screwed in the end.

Sorry Floyd - but still hoping the ARBS have guts and do the right thing and find you innocent.

Mike

MMan said...

Nothing much "expedited" about this arbitration process.

No kidding. If these guys handled baseball, we'd still be waiting to find out if the White Sox threw the 1919 World Series.

StevenCX said...

No matter what he's a martyr: in the future we can hope for a better system because of his efforts. We can hope anyway.

jrdbutcher said...

pcrosby,
Not 100% sure, but I think the usual process (any courtroom detours excepted) is an appeal, from either side or interested parties such as the UCI or WADA, to CAS. While it would be an "appeal" to CAS, the CAS hearing would begin anew (de novo?) and would be/will be done behind closed doors.

("Eightzero") said...

Any action in response to the USAC suspension is an "appeal" of that action. The CAS surely has rules regarding timeliness of filing though; I just don't know what they are.

The CAS appeal is indeed de novo, and I'm pretty sure their rules don't allow for an open hearing.

ASO won't be accepting of any ruling that isn't against Floyd, so one wonders if there isn't some value in looking to some sort of settlement. Both sides could benefit from this not going to the CAS.