A judge will decide on Friday if two key witnesses in ASADA's anti-doping case against 34 Essendon players will be forced to testify.
The Australian Sports Anti-Doping Authority launched urgent court action last week after learning Shane Charter and compound chemist Nima Alavi were no longer willing to give evidence.
Hearings in the case against 34 current and former Essendon players are due to begin before the AFL's anti-doping tribunal on Monday.
Witnesses are not expected to be called until January but Supreme Court Justice Clyde Croft said it would be difficult to open the case without the full scope of the evidence being known.
If Charter and Alavi do not give evidence, it will blow a hole in ASADA's case.
Lawyers for ASADA and Mr Alavi, as well as the AFL and the players, have been in the Victorian Supreme Court for two days arguing over whether subpoenas could be granted under the Commercial Arbitration Act.
A key argument was whether the relationship between Essendon players and the AFL is a commercial agreement or an employment agreement.
Barrister Anthony Rodbard-Bean, for Mr Alavi, took the court through the collective bargaining agreement the players signed which included provisions for leave, including long service leave, and spelled out conditions of pay.
He also said the Commercial Arbitration Act does not apply to the AFL Rules.
"Nothing in the AFL rules or regulations or anti-doping rules makes reference to the Commercial Arbitration Act," Mr Rodbard-Bean said.
"We say that it was a considered decision that the Commercial Arbitration Act would not apply."
Renee Enbom, for the AFL, refuted this.
ASADA lawyer Dan Star said AFL players have a contractual agreement with the AFL.
In his closing submission he urged Justice Croft to stand back from the rhetorical questions and consider whether there was an arbitration, if it was commercial and if it was domestic.
"It is an arbitration that has the look, the feel of a commercial arbitration," Mr Star said.
"The correct decision is that it is an arbitration."
Justice Croft said he would make a decision on Friday morning.
Mr Charter was not represented but he provided the court with an affidavit stating he was adopting Mr Alavi's position.
If found guilty, the Essendon players are facing suspensions of up to two years.
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