In determining that Mr. Zaripov is immediately eligible for play in the NHL, several important factors were relied on. First, and perhaps most importantly, it should be noted that because of the differences between the NHL's Prohibited Substances List and the WADA Code, the Player's initial test result likely would not have triggered a suspension under the NHL/NHLPA Collective Bargaining Agreement because, among other things, pseudoephedrine (the presence of which was below WADA's applicable threshold in any event) is not on the League's Prohibited Substances List.
Second, there were a number of procedural irregularities in the adjudication process that may have resulted in prejudicing the Player's case and affecting the IIHF's decision, including the fact that he was effectively precluded from appearing in person to present a defense and justification for his positive test. (As noted above, the Player and his representatives have since appealed the IIHF's initial decision to the CAS, and we believe some or all of these procedural irregularities may prove material to the disposition of the Player's appeal of the IIHF Suspension.)
Lastly, Mr. Zaripov has had a lengthy career in both professional and international hockey and has never before tested positive for a prohibited substance. He vehemently denies that his positive test was the result of an intentional act (or acts), and he remains committed to finding the underlying cause for his positive test. In this regard, and as a meaningful demonstration of good faith and his bona fide desire to safeguard his name and reputation, Mr. Zaripov has agreed to submit to additional testing (beyond that normally required or permitted for NHL Players) in the event he subsequently signs a Standard Player's Contract and begins to play in the NHL.