An athlete who first refuses to accept documents related to anti-doping
proceedings opened against him and later on, despite having agreed to a
specific location and time where and when to accept the respective documents,
does not show up in the agreed upon location at the agreed upon time, cannot in
good faith argue that he was not properly cited in the meaning of Article 137 (a)
FIFA DC (according to the legal principle of venire contra factum proprium).
Facts/Procedure
On 14 September 2011, by means of an arbitral award (CAS 2010/A/2307), a two-year period of ineligibility was imposed on Jobson Leandro Pereira de Oliveira (the Player) by CAS for an anti-doping rule violation. On 21 March 2014, Al Ittihad FC (the Club) lodged a claim against the Player before the Dispute Resolution Chamber of FIFA (FIFA DRC) because of an employment-related dispute.
On 25 March 2014, it was allegedly attempted to subject the Player to an out-of-competition doping control at the premises of the Club, which he allegedly refused. The Saudi Arabian Anti-Doping Committee (SAADC), the Saudi Arabian Football Federation (SAFF) and the Club maintained that the Player was approached by the team administrator of the Club, and by an interpreter of the Club, and that they notified the Player of the doping control. The Player denies having been notified of the doping control.
On 31 March 2014, the SAADC...
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