I. Introduction
Consent to arbitrate is the fundamental basis for arbitration.
Absent this consent, arbitrators lack jurisdiction. In the event of
controversy about the existence of an agreement to arbitrate, it is
for the arbitral tribunals to interpret the parties'
declarations based on the general principles of contract law.
II. Facts
South-Africa born athlete Gert Thys was disqualified and
temporarily suspended from all competitions after testing positive
for a banned steroid at the 2006 Seoul International Marathon. Thys
had consistently denied any wrongdoing, and rejected an offer made
by the Anti-Doping Administrator of the International Association
of Athletics Federations (IAAF) on April 10, 2008, to settle the
matter for a two-year ban subject to Thys' acknowledgement of
his offense. The settlement offer letter read: "I would
remind you that the decision that will ultimately be taken by the
relevant disciplinary commission [...] will still be subject to
