| ISCC
Disputes Resolution Committee |
|
Terms
of Reference |
|
1
Status and Remit of Committee |
|
1.1
The ISCC Disputes Resolution Committee ("Disputes
Committee") is established as a committee of the International
Super-Cricket Committee (the "ISCC Committee") the
members of which shall be appointed from time to time
to decide any particular dispute or disputes falling
within its remit. |
|
1.2
The Disputes Committee shall act independently of
the Executive Federation, the President and the Chairman. |
|
1.3
The decision of the Disputes Committee in each case
shall be reported to the Executive Federation. |
|
1.4
The Disputes Committee shall have jurisdiction to
decide disputes between Members or between any Member
and the ISCC Committee or any Director or officer
thereof or between any Member or any Director or officer
thereof or any Player, Umpire or Official or any other
person agreeing to submit to the Disputes Committee's
jurisdiction other than: |
|
(A)
those disputes which are expressly referred to other
persons or bodies in the Constitution of the ISCC
and INOC-Charter, the Committee Manual, the Members'
Agreement and any Regulations or other rules made
by Ordinary or Special Resolution of the Members,
or by an agreement binding upon the parties to the
dispute; or |
|
(B)
those disputes which, in the opinion of the President
at his sole discretion, should properly be determined
by an arbitral tribunal appointed in accordance with
the ISCC and INOC Constitution Lucknow, India. |
|
1.5
Unless otherwise stated in the Committee Manual or
provided for by Ordinary or Special Resolution of
the Members, these Terms of Reference shall constitute
part of the ISCC and INOC's Constitution within the
meaning of Clause 3 of the Members' Agreement. |
|
1.6
These Terms of Reference shall be deemed to come into
effect on 14th October 2004. |
|
2.
Relationship with the ISCC Committee |
|
2.1
The ISCC Committee has been established with the object
of administering, developing, co-ordinating, regulating
and promoting the game of super-cricket worldwide
in co-operation with its Members and to do all such
things as are incidental to, or as the ISCC Committee
may think conducive to, the attainment of all or any
of the above objects. |
|
2.2
The power of the ISCC Committee to appoint from time
to time a Disputes Committee is exercised in furtherance
of such objects and in the interests of the game of
super-cricket worldwide to resolve disputes fairly
and promptly according to procedures appropriate to
the nature of each dispute and in a manner complementary
to other methods of dispute resolution applicable
to the activities of the ISCC Committee, its officers
and directors, its Members and other relevant persons. |
|
2.3
To the extent that any officer or employee of the
ISCC Committee or any other Committee of the ISCC
Committee is a party to a dispute properly before
the Disputes Committee, such persons agree to submit
to the jurisdiction of, and co-operate with, the Disputes
Committee in the discharge of its functions and do
all such things as are reasonably within their power
to facilitate the discharge of the Disputes Committee's
functions and to abide by or implement, as the case
may be, the decisions of the Disputes Committee. |
|
3.
Relationship with Members |
|
3.1.
All Members have agreed to submit to the jurisdiction
of, and co-operate with, the Disputes Committee in
the discharge of its functions and do all such things
as are reasonably within their power to facilitate
the discharge of the Disputes Committee's functions
and to abide by or implement, as the case may be,
the decisions of the Disputes Committee. |
|
4
Notice of a Dispute |
|
4.1
Any party intending to submit a dispute before the
Disputes Committee shall give written notice to the
President, briefly stating the nature of the dispute,
identifying the parties to the dispute and requesting
that the Disputes Committee be appointed to resolve
the dispute. |
|
5.
ISCC Event Disputes |
|
5.1
The following provisions of this paragraph shall apply
in relation to all disputes which: |
|
(A)
arise within 30 days of the first match of an ISCC
Event or during an ISCC Event; and |
|
(B)
relate to that ISCC Event (an "ISCC Event Dispute"). |
|
5.2
Composition of the Disputes Committee. At least 30
days before the first Match of an ISCC Event the Chairman
of the Code of Conduct Commission, in consultation
with the Chairman, shall appoint a Panel of 10 (ten)
Disputes Committee members (the "Panel"). These members
shall be drawn from any one or more of the following:
the Executive Federation, the Audit Committee, Chairman'
Committee, Super-Cricket Committee, Code of Conduct
Commission or any other independent persons with the
relevant area of expertise as may be required in the
opinion of the Chairman of the Code of Conduct Commission. |
|
5.3
Those persons who are appointed to the Panel in accordance
with paragraph 5.2 shall be put on notice that they
are required to be available, from the date of their
appointment until the conclusion of the ISCC Event,
to resolve ISCC Event Disputes arising in relation
to that ISCC Event. |
|
5.4
Where a dispute is notified in accordance with paragraph
4.1 and it is an ISCC Event Dispute then the Chairman
of the Code of Conduct Commission, in consultation
with the Chairman, shall appoint the Disputes Committee
to resolve the dispute from those persons appointed
to the Panel. This shall be done as soon as practicable
following notification of a dispute in accordance
with paragraph 4.1 above or where the President is
otherwise satisfied that a dispute referred to an
ISCC Event Technical Committee properly falls for
determination by the Disputes Committee. |
|
5.5
Ordinarily the Disputes Committee shall comprise at
least three (3) and no more than five (5) persons
drawn from the Panel. However, the Chairman of the
Code of Conduct Commission may determine, in his absolute
discretion, that the Disputes Committee formed to
deal with the matter in question shall comprise just
one person and these Terms of Reference shall be construed
accordingly. |
|
5.6
The Disputes Committee shall determine ISCC Event
Disputes as an expert, not as an arbitrator. The decision
of the Disputes Committee in respect of an ISCC Event
Dispute shall be final and binding unless the parties
have otherwise agreed expressly in writing in any
contract with the ISCC Committee (or with any affiliated
entity of the ISCC Committee) relating to the ISCC
Event. |
|
5.7
The Disputes Committee members shall remain appointed
to hold office until such time as the Chairman of
the Code of Conduct Commission, in consultation with
the Chairman and the Disputes Committee Chairman,
deems that their role in the resolution of any dispute
referred to it has properly concluded. The Chairman
of the Code of Conduct Commission shall notify the
Disputes Committee members in writing that their appointment
in respect of a particular case is concluded. After
such time, the obligations of members of the Disputes
Committee, other than those relating to confidentiality,
shall cease. |
|
5.8
The appointment of a person as a member of a Disputes
Committee in relation to a particular dispute or disputes
shall not, of itself, preclude the appointment of
the same person to a Disputes Committee constituted
in respect of another dispute or disputes involving
the same or different parties or issues. |
|
5.9
All paragraphs of these Terms of Reference shall apply
to ISCC Event Disputes, except for paragraph 6 below. |
|
5.10
For the purposes of these Terms of Reference "ISCC
Events" shall mean any major international tournament
organised by the ISCC Committee, including but not
limited to the ISCC Super-Cricket World Cup, the ISCC
Champions Trophy, ISCC Women World Cup and other Events,
the ISCC Under 19 Super-Cricket World Cup and the
ISCC Trophy and Ansar Trophy etc. |
|
6.
Non ISCC Event Disputes |
|
6.1
The following provisions of this paragraph shall apply
in relation to all disputes falling within the jurisdiction
of the Disputes Committee, which are not ISCC Event
Disputes ("Non-ISCC Event Disputes"). |
|
6.2
The composition of the Disputes Committee shall be
determined by the Chairman of the Code of Conduct
Commission, in consultation with the Chairman. The
Chairman of the Code of Conduct Commission shall appoint
the members of the Disputes Committee as soon as practicable
following notification of a dispute under paragraph
4.1. |
|
6.3
Subject to paragraph 6.4, the Disputes Committee shall
comprise at least three (3) and no more than five
(5) persons drawn from any one or more of the following:
the Executive Federation, the Audit Committee, Chairman's'
Committee, Super-Cricket Committee, Code of Conduct
Commission or any other independent persons with the
relevant area of expertise as may be required in the
opinion of the Chairman of the Code of Conduct Commission. |
|
6.4
Where notification of a dispute under paragraph 4.1
is given within 30 days of the start of a Tour or
during a Tour and the dispute relates to that Tour
then the Chairman of the Code of Conduct Commission
may determine, in his absolute discretion, that the
Disputes Committee to deal with the dispute shall
comprise only one person and these Terms of Reference
shall be construed accordingly. |
|
6.5
The decision of the Disputes Committee shall be final
and binding on the parties. 6.6 The Disputes Committee
members shall remain appointed to hold office until
such time as the Chairman of the Code of Conduct Commission,
in consultation with the Chairman and the Disputes
Committee Chairman, deems that their role in the resolution
of any dispute referred to the Disputes Committee
has properly concluded. The Chairman of the Code of
Conduct Commission shall notify the Disputes Committee
members in writing that their appointment in respect
of a particular case is concluded. After such time,
the obligations of members of the Disputes Committee,
other than those relating to confidentiality, shall
cease. |
|
6.7
The appointment of a person as a member of a Disputes
Committee in relation to a particular dispute or disputes
shall not, of itself, preclude the appointment of
the same person to a Disputes Committee constituted
in respect of another dispute or disputes involving
the same or different parties or issues. |
|
6.8
All paragraphs of these Terms of Reference shall apply
to Non-ISCC Event Disputes, except for paragraph 5
above. |
|
7
Qualifications of the Chairman of the Disputes Committee |
|
7.1
The Disputes Committee shall have one Chairman who
shall be appointed by the Chairman of the Code of
Conduct Commission in consultation with the Chairman.
Whilst the Chairman of the Disputes Committee may
be a national of, or resident in a Member country,
he shall not be an officer, employee or agent of any
Member and neither shall he be a member of the Executive
Federation or have any relationship with a party to
the dispute such as may reasonably be considered by
the Chairman of the Code of Conduct Commission to
give rise to a conflict of interest. |
|
7.2
No person shall be appointed to be Chairman of the
Disputes Committee unless he be: |
|
(A)
considered by the Chairman of the Code of Conduct
Commission or the Chairman to have a good and sufficient
knowledge and understanding of the game of super-cricket,
the operation of a body charged with the promotion
or development of sport on an international basis
and the operation of law as it applies to such matters;
and |
|
(B)
considered by the Chairman of the Code of Conduct
Commission or the Chairman to be a person held in
high regard generally. |
|
7.3
The Chairman of the Code of Conduct Commission shall
be entitled, if so requested by the Chairman, to appoint
himself as Chairman of the Disputes Committee. |
|
8.
Qualifications of an ordinary member of the Disputes
Committee |
|
8.1
No person shall be eligible for nomination as an ordinary
member of the Disputes Committee who is a representative
of a Member or other person who is a party to the
dispute or is otherwise so connected to such Member
or person as may reasonably be considered by the Chairman
of the Code of Conduct Commission to give rise to
a conflict of interest. |
|
8.2
No person shall be eligible for nomination as an ordinary
member of the Disputes Committee who is a current
Player, Umpire, Referee or team official or who is
otherwise so connected to such person or persons as
may reasonably be considered by the Chairman of the
Code of Conduct Commission to give rise to a conflict
of interest. |
|
9.
Removal of Disputes Committee Members |
|
9.
Removal of Disputes Committee Members |
|
(A)
he resigns his office by notice in writing delivered
to the Chairman; |
|
(B)
he refuses or fails to honour any obligations of confidentiality; |
|
(C)
the Chairman of the Code of Conduct Commission, or,
in the event that the member in question is the Chairman
of the Code of Conduct Commission, the President,
decides that he is by reason of sickness or similar
matters no longer able to perform the functions of
a Disputes Committee member or he becomes a patient
for any purpose of any law or statute relating to
mental ill health; |
|
(D)
without leave he be absent from three consecutive
meetings of the members of the Disputes Committee
and the Chairman of the Code of Conduct Commission,
or, in the event that the member in question is the
Chairman of the Code of Conduct Commission, the President,
decides that his office is vacated; |
|
(E)
he becomes bankrupt or compounds with his creditors;
|
|
(F)
he is prohibited by law from acting on the Disputes
Committee; |
|
(G)
he is convicted of a criminal offence and the Chairman
of the Code of Conduct Commission or, in the event
that the member in question is the Chairman of the
Code of Conduct Commission, the President decides
that it is undesirable that he continues to hold office;
|
|
(I)
he or any body of which he is, or has been, a director,
partner or controller be the subject of any complaint,
investigation or misconduct or of malpractice in connection
with his or its business affairs, including affairs
related to the game of super-cricket and the Chairman
of the Code of Conduct Commission or, in the event
that the member in question is the Chairman of the
Code of Conduct Commission, the President decides
that it is undesirable that he continues to hold office;
or |
|
(K)
he be dismissed or requested to resign from any office
of employment or any fiduciary office or position
of trust, whether or not remunerated, and the Chairman
of the Code of Conduct Commission or, in the event
that the member in question is the Chairman of the
Code of Conduct Commission, the President decides
that it is undesirable that he continues to hold office. |
|
9.2
In the event of the death of any member of the Disputes
Committee, or in the event that the office of any
member be vacated for whatever reason, the Chairman
of the Code of Conduct Commission or, in the event
that the member in question is the Chairman of the
Code of Conduct Commission, the President in consultation
with the Chairman shall appoint a replacement member
for the remainder of the term of office of the Disputes
Committee. |
|
10.
Duties of Disputes Committee Members |
|
10.1
Disputes Committee members shall maintain the confidentiality
of all information which comes into their possession
during the carrying out of their duties to the Committee
and after their term of office has concluded, except
as required by Rules. |
|
10.2
Disputes Committee members shall use all reasonable
endeavours to decide disputes promptly and fairly
and shall conduct themselves honestly and diligently
in the carrying out of their duties. |
|
10.3
Disputes Committee members shall observe these Terms
of Reference when participating in proceedings for
the resolution of any dispute before them and undertake
at all times to act in the best interests of the game
of super-cricket as a whole. |
|
11
Conduct of Proceedings |
|
11.1
Once the Disputes Committee has been duly constituted
by the Chairman of the Code of Conduct Commission,
all appointed members shall consult with each other
to determine an appropriate procedure for resolving
the particular dispute or disputes before them. Unless
the Disputes Committee determines otherwise, the procedure
shall comprise written submissions from the parties
and, if the Disputes Committee deems it appropriate,
an oral hearing. |
|
11.2
Unless the Disputes Committee determines otherwise,
its proceedings shall be conducted in private. |
|
11.3
The Disputes Committee shall be entitled to call for
such evidence and in such form, whether verbal, written,
or otherwise recorded as it may, in its absolute discretion,
reasonably deem necessary for the proper discharge
of its duties and all parties shall provide all such
evidence and do all such things as are reasonably
within their power to facilitate the discharge of
the Disputes Committee's functions. Without limiting
the generality of the foregoing, each party shall
provide copies of all such documents as may reasonably
be requested by the Disputes Committee. |
|
11.4
All evidence and other information provided to the
Disputes Committee shall, unless otherwise agreed
with the Chairman in advance, become and remain the
property of the Disputes Committee. |
|
11.5
The parties may be represented or assisted by persons
of their choice, such representation to be at their
own cost. Any other person giving oral evidence to
the Committee shall be entitled to be accompanied
by an adviser/lawyer, at their own cost. |
|
11.6
Subject to paragraph 1 above, the Disputes Committee
shall determine its own jurisdiction and rule whether
or not any particular person or body may participate
as a party to the proceedings or in any other capacity.
|
|
11.7
The Disputes Committee shall determine the juridical
seat of the proceedings, which may not necessarily
be the place of its deliberations or of its hearings,
if any. |
|
11.8
A member of the Disputes Committee shall be treated
as present in person at a meeting or hearing notwithstanding
that he is not physically present at the place where
the meeting or hearing is held if he is in continuous
communication with the meeting by conference telephone
or other communication equipment permitting each person
physically present at or so in communication with
the meeting to hear and be heard by each other person.
Such a member shall be counted in the quorum of the
meeting and shall be entitled to vote. |
|
11.9
Where the parties have agreed, or are otherwise required,
to attempt to resolve their dispute first by good
faith negotiation for a specified period of time and
that time period has not yet expired, the Disputes
Committee shall decide, in its sole discretion, whether
further time should be allowed to the parties for
negotiation or whether, in all the circumstances,
it is appropriate for the Disputes Committee to proceed
with the case immediately. |
|
11.10.
The parties and any other person participating in
the proceedings shall not disclose to any third party
any facts or other information relating to the dispute
or the proceedings without the consent of the Disputes
Committee or (if the Dispute Committee's term of office
has concluded) the Chairman of the Code of Conduct
Commission. |
|
11.11
All documentation or other evidence obtained, used
or generated by the Disputes Committee shall be kept
by the Executive Federation in a secure place for
a period of not less than 6 years. Thereafter it may
be retained or destroyed as the Executive Federation
shall, at its absolute discretion, determine. |
|
12.
The Decision |
|
12.1
Unless the parties agree to settle their dispute in
the meantime, the Disputes Committee shall decide
the outcome of the case by majority. There shall be
reasons given for the decision which shall be submitted
to the parties with a copy to the Executive Federation
on such date as may be determined by the Disputes
Committee in its absolute discretion. |
|
12.2
No member of the Disputes Committee may abstain from
voting on the outcome of any dispute but any member
may record a dissenting opinion, which may be attached
to the majority decision with the permission of the
Chairman. |
|
12.3
If, when considering its decision, the Disputes Committee
is unable to reach a clear majority view, the Chairman
of the Disputes Committee shall have the casting vote. |
|
12.5
The Disputes Committee shall have full power to determine
the facts and law applicable to the dispute save that: |
|
(A)
in proceedings to which the ISCC Committee or any
officer or employee of the ISCC Committee is a party,
the substantive law applicable to the dispute shall
be the law of the Indian, Lucknow ; and |
|
(B)
to the extent that in connection with any dispute
before the Disputes Committee a matter arises which
properly falls within the sole jurisdiction of another
person or body (for example, the President's power
to interpret the Constitution of the INOC-Charter
or the Regulations or any Resolution), the Disputes
Committee shall not rule upon such matter but shall
issue such directions as may be appropriate (including
an adjournment) to ensure that all matters relevant
to the resolution of the dispute are taken into account
and decided, where necessary. The Disputes Committee
shall take due account of and shall apply, where appropriate,
any findings or decisions of other persons or bodies
which are binding on one or more of the parties. |
|
13.
Fees and Expenses |
|
13.1
Subject to paragraph 11.5 above, the ISCC Committee
shall be responsible for all costs and expenses properly
incurred directly or indirectly by the Disputes Committee
or any member acting in the Disputes Committee and
such costs and expenses shall, forthwith upon their
being approved by the Chairman, be reimbursed by the
ISCC Committee. |
|
13.2
The Chairman and each other member of the Disputes
Committee shall be entitled to such fees and allowances
as may be determined by the Executive Federation from
time to time. |
|
14.
Indemnity |
|
14.1
The ISCC Committee hereby agrees to indemnify and
keep indemnified each Disputes Committee member from
and against all liabilities, obligations, losses,
damages, suits and expenses which may be incurred
by or asserted against the Disputes Committee member
in his capacity as such other than those resulting
from the fraud or wilful misconduct of the member.
|
|
15.
Interpretation |
|
15.1
Unless the context otherwise requires, words or expressions
contained in these Terms of Reference shall bear the
same meaning as in the Constitution of the INOC or
in the Code of Conduct or in any Regulation of the
ISCC Committee in force as at the date hereof. |
|
15.2
Where the context permits, any reference in these
Terms of Reference to the "Disputes Committee" shall
be taken to refer to any particular Disputes Committee
as shall be appointed from time to time by the Chairman
of the Code of Conduct Commission, in consultation
with the Chairman, to decide a particular dispute
or disputes under these Terms of Reference. |
|
16.
Governing Law |
|
16.1
These Terms of Reference shall be governed by and
construed in accordance with Indian law. |
|
16.2
If any dispute arises concerning the interpretation
of these Terms of Reference, then, where such dispute
arises before the appointment of the Disputes Committee,
or after the Disputes Committee's role is concluded,
in accordance with paragraph 5.7 or paragraph 6.6
above, the President shall, in consultation with the
Vice President (when there is one in place), finally
decide such dispute. In all other cases, the dispute
shall be determined by the Disputes Committee. |
|
16.3
For the avoidance of doubt, no disputes appeals or
questions of interpretation or any other matter in
relation to these Terms of Reference shall be submitted
to any other process other than those processes set
out in these Terms of Reference. |
|
