In light of recent scandals regarding drug use by high-profile athletes to enhance their sport performance, there is heightened public awareness of the regulation of and sanctioning of "doping" in sport. By definition, doping encompasses any performance enhancing methods used by athletes that are considered unethical or undermine a level playing field in sport. In the attempt to regulate and deter doping, the World Anti-Doping Code outlines the international standards for anti-doping procedures, while the World Anti-Doping Agency (WADA), an international nongovernmental organization, ensures their implementation. Though these mechanisms are considered forms of alternative dispute resolution, anti-doping rules mimic aspects of law, even at times taking on the appearance of law. Violations often lead to suspensions that can last for years, potentially ending an athlete's career and sometimes leading to criminal charges. In light of these punishments, arbitration mechanisms have been established to hear the appeals of athletes who have tested positive for banned substances.
This research examines the implications of anti-doping practices by studying the arbitration hearings of athletes who appear before the Sports Tribunal of New Zealand. The Sports Tribunal is uniquely positioned, because it is an independent national body, made up of members with specialties in law and sport, which determines disputes for the sports sector, including anti-doping violations. Through observations of meetings and interviews with tribunal members, athletes, lawyers who represent athletes, and sports administrators, this dissertation research examines the arbitration process and the meanings attributed to anti-doping codes versus law and other rules in sport. As these law-like practices are indicative of a broader global trend in which nongovernmental organizations act to change and regulate social practices, often in reaction to law's inability to provide remedy or assistance within a specific arena, the significance of this research is not limited to sporting contexts.
