PREMIER LEAGUE
PREMIER LEAGUE PREMIER LEAGUE
SECTION X: ARBITRATION Costs Old Rule X.34. Until they are paid in full, the parties shall be jointly and severally liable to meet the arbitrators’ fees and expenses, the total amount of which shall be specified in the award. X.35. The tribunal shall award costs on the general principle that costs should follow the event except where it appears to the tribunal that in the circumstances this is not appropriate in relation to the whole or part of the costs. X.36. The party in favour of which an order for costs is made shall be allowed, subject to Rule X.37, a reasonable amount in respect of all costs reasonably incurred, any doubt as to reasonableness being resolved in favour of the paying party. X.37. In appropriate cases the tribunal may award costs on an indemnity basis. S.37 X.38. The chairman shall have power to tax, assess or determine the costs if requested to do so by either party. Challenging the Award Old Rule X.39. Subject to the provisions of Sections 67 to 71 of the Act, the award shall be final and binding on the parties and there shall be no right of appeal. There shall be no right of appeal on a point of law under Section 69 of the Act. S.39 Representation Old Rule X.40. A party may be represented before a tribunal by a solicitor or counsel provided that 14 days’ prior written notice to that effect identifying the solicitor or counsel instructed is given to the other party and to the chairman. S.40 X.41. A Club which is a party may be represented before a tribunal by one of its Officials. An Official shall not be prevented from representing his Club because he is or may be a witness in the proceedings. Waiver Old Rule X.42. A party which is aware of non-compliance with this Section of these Rules and yet proceeds with the arbitration without promptly stating its objection to such non-compliance to the chairman shall be deemed to have waived its right to object. S.42 S.34 S.35 S.36 S.38 S.41 203 PREMIER LEAGUE RULES: SECTION X
PREMIER LEAGUE RULES: SECTION Y DISCIPLINARY AND THE RESOLUTION OF DISPUTES SECTION Y: MANAGERS’ ARBITRATION TRIBUNAL Managers’ Arbitration Tribunal Old Rule Y.1. Any dispute arising between the parties to a Manager’s contract of employment shall be determined by the Managers’ Arbitration Tribunal (in this Section of these Rules referred to as “the Tribunal”). Y.2. The seat of each arbitration conducted by the Tribunal shall be in England and Wales. Each such arbitration shall be decided in accordance with English law. Y.3. Such an arbitration shall be deemed to have commenced upon the party requesting it serving on the other party a request in Form 39. Y.4. The party requesting such an arbitration shall send a copy of Form 39 together with a deposit of £5,000 to the Secretary who shall forthwith send to each party particulars of those persons who are members of the Panel. Q.18 Q.19 Q.20 Y.5. The Tribunal shall comprise 3 members of the Panel and there shall be no umpire. Q.22 Y.6. Within 14 days of service of the request in Form 39 each party shall by notice in Form 40 addressed to the Secretary appoint one Panel member to act as an arbitrator in the arbitration requested. Y.7. If a party refuses or fails to appoint an arbitrator in accordance with Rule Y.6 the Board shall make the appointment giving notice in writing to that effect to each party. Y.8. Within 14 days of their appointment the 2 arbitrators so appointed shall appoint a third arbitrator who shall be a legally qualified member of the Panel and who shall sit as chairman of the Tribunal. If the 2 arbitrators so appointed fail to agree on the appointment of the third arbitrator the Board shall make the appointment giving notice in writing to that effect to each party. Y.9. If following his appointment an arbitrator refuses to act, becomes incapable of acting, is removed by order of a competent court or dies, the Board shall appoint a member of the Panel to replace him. Y.10. All communications sent in the course of the arbitration by the Tribunal shall be signed on its behalf by its chairman. Y.11. Such communications addressed by the Tribunal to one party shall be copied to the other. Y.12. Any communications sent by either party to the Tribunal shall be addressed to its chairman and shall be copied to the other party. Y.13. The chairman of the Tribunal shall decide all procedural and evidential matters and for that purpose within 14 days of his appointment he shall serve on each party Form 42 requiring their attendance at a preliminary meeting at which he will give directions including, but not limited to, those set out in Rule X.21. Q.21 Q.23 Q.24 Q.25 Q.26 Q.27 Q.28 Q.29 Q.30 Y.14. The chairman of the Tribunal shall have the powers set out in Rule X.22. Q.31 Y.15. The parties shall do all things necessary for the proper and expeditious conduct of the arbitration and shall comply without delay with any direction of the chairman of the Tribunal as to procedural or evidential matters. 204 Q.32
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<strong>PREMIER</strong> <strong>LEAGUE</strong> RULES: SECTION Y<br />
DISCIPLINARY AND THE RESOLUTION OF DISPUTES<br />
SECTION Y: MANAGERS’ ARBITRATION TRIBUNAL<br />
Managers’ Arbitration Tribunal Old Rule<br />
Y.1. Any dispute arising between the parties to a Manager’s contract of employment<br />
shall be determined by the Managers’ Arbitration Tribunal (in this Section of these<br />
Rules referred to as “the Tribunal”).<br />
Y.2. The seat of each arbitration conducted by the Tribunal shall be in England and<br />
Wales. Each such arbitration shall be decided in accordance with English law.<br />
Y.3. Such an arbitration shall be deemed to have commenced upon the party<br />
requesting it serving on the other party a request in Form 39.<br />
Y.4. The party requesting such an arbitration shall send a copy of Form 39 together<br />
with a deposit of £5,000 to the Secretary who shall forthwith send to each party<br />
particulars of those persons who are members of the Panel.<br />
Q.18<br />
Q.19<br />
Q.20<br />
Y.5. The Tribunal shall comprise 3 members of the Panel and there shall be no umpire. Q.22<br />
Y.6. Within 14 days of service of the request in Form 39 each party shall by notice<br />
in Form 40 addressed to the Secretary appoint one Panel member to act as an<br />
arbitrator in the arbitration requested.<br />
Y.7. If a party refuses or fails to appoint an arbitrator in accordance with Rule Y.6 the Board<br />
shall make the appointment giving notice in writing to that effect to each party.<br />
Y.8. Within 14 days of their appointment the 2 arbitrators so appointed shall appoint<br />
a third arbitrator who shall be a legally qualified member of the Panel and who<br />
shall sit as chairman of the Tribunal. If the 2 arbitrators so appointed fail to agree<br />
on the appointment of the third arbitrator the Board shall make the appointment<br />
giving notice in writing to that effect to each party.<br />
Y.9. If following his appointment an arbitrator refuses to act, becomes incapable of<br />
acting, is removed by order of a competent court or dies, the Board shall appoint<br />
a member of the Panel to replace him.<br />
Y.10. All communications sent in the course of the arbitration by the Tribunal shall be<br />
signed on its behalf by its chairman.<br />
Y.11. Such communications addressed by the Tribunal to one party shall be copied to<br />
the other.<br />
Y.12. Any communications sent by either party to the Tribunal shall be addressed to its<br />
chairman and shall be copied to the other party.<br />
Y.13. The chairman of the Tribunal shall decide all procedural and evidential matters<br />
and for that purpose within 14 days of his appointment he shall serve on each<br />
party Form 42 requiring their attendance at a preliminary meeting at which he<br />
will give directions including, but not limited to, those set out in Rule X.21.<br />
Q.21<br />
Q.23<br />
Q.24<br />
Q.25<br />
Q.26<br />
Q.27<br />
Q.28<br />
Q.29<br />
Q.30<br />
Y.14. The chairman of the Tribunal shall have the powers set out in Rule X.22. Q.31<br />
Y.15. The parties shall do all things necessary for the proper and expeditious conduct of<br />
the arbitration and shall comply without delay with any direction of the chairman<br />
of the Tribunal as to procedural or evidential matters.<br />
204<br />
Q.32