Olympic silver medallist Bernard Lagat has refused to drop his lawsuit against the IAAF, despite a proposed deal clearing him of any doping offence.
Lagat won 1500m silver at the 2001 World Championships in Edmonton
Lagat is seeking 500,000 Euros in damages from the IAAF and the World Anti-Doping Agency.
He was suspended for two months after testing positive for the banned substance EPO in August 2003, but his B sample subsequently tested negative.
The IAAF gave him until 1 December to accept a deal clearing him.
In exchange for this, the IAAF wanted him to drop his lawsuit seeking compensation for loss of income during his two-month suspension.
"I found the IAAF and WADA positions to be irreconcilable with my own," Lagat said.
The case will now go to court in February next year.
Kenyan-born Lagat, who is now a US citizen living in Tucson, Arizona, tested positive for EPO in an out-of-competition test on 8 August 2003, in Tuebingen, Germany.
Following a negative B sample, IAAF officials publicly stated they did not believe he was guilty of doping.
Lagat said he could not accept the IAAF compromise because it did not contain an apology or acknowledge that testing methods in his case had not been failsafe.
The compromise also failed to include any compensation.
Lagat, who won silver at last year's Athens Olympics, was suspended during the 2003 world championships and missed several other lucrative meetings.
"I think it is fair to say that my competition record before and after this event suggests that I would have had a very good chance of a medal in the 1500m, perhaps even the gold," Lagat said.
The IAAF had informed the Kenyan athletics federation of Lagat's positive test and he was suspended by the federation.