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ECB Anti-Doping Rules 2013 - Ecb - England and Wales Cricket ...

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party making such request shall have twenty-one (21) days<br />

from receipt of the file to file an appeal.<br />

13.8.3 Articles 13.8.1 <strong>and</strong> 13.6.2 notwithst<strong>and</strong>ing, the filing deadline for an appeal<br />

filed by WADA shall be the later of:<br />

13.8.3.1 Twenty-one (21) days after the last day on which any other<br />

party in the case could have appealed; <strong>and</strong><br />

13.8.3.2 Twenty-one (21) days after WADA’s receipt of a copy of the<br />

file on which the body that issued the decision relied.<br />

13.8.2 All parties with a right to appeal pursuant to this Article 13, if not joined as a<br />

party to the appeal, shall have the right to be kept apprised of the status <strong>and</strong><br />

outcome (with reasons) of the appeal, as well as the right to attend appeal<br />

hearings as an observer.<br />

13.8.3 If the decision on appeal is that an anti-doping rule violation has been<br />

committed, then: (a) the decision shall be publicly reported in full as soon as<br />

possible, <strong>and</strong> in any event no more than twenty (20) days of its issue; <strong>and</strong> (b)<br />

after the decision is publicly reported, the National <strong>Cricket</strong> Federation may<br />

also publish such other parts of the proceedings before the Appeal Panel as<br />

the National <strong>Cricket</strong> Federation thinks fit.<br />

13.8.4 If the decision on appeal is that an anti-doping rule violation has not been<br />

committed, then the decision shall not be published (save as set out in Article<br />

14.2) <strong>and</strong> its confidentiality shall be strictly maintained by all parties.<br />

13.9 Appeals to CAS<br />

In all appeals to CAS pursuant to this Article 13:<br />

13.9.1 CAS’s Code of Sports-related Arbitration shall apply, save as amended<br />

below.<br />

13.9.2 Any party filing an appeal shall be entitled to assistance from CAS to obtain<br />

all relevant information from the parties to the decision being appealed, <strong>and</strong><br />

the information shall be provided if CAS so directs.<br />

13.9.3 Where required in order to do justice (for example to cure procedural errors<br />

at the first instance hearing), the appeals shall take the form of a re-hearing<br />

de novo of the issues raised by the case. In all other cases such appeals<br />

shall not take the form of a de novo hearing but instead shall be limited to a<br />

consideration of whether the decision being appealed was erroneous.<br />

13.9.4 The governing law shall be English law <strong>and</strong> the appeal shall be conducted in<br />

English, unless the parties agree otherwise.<br />

13.9.5 The decision of CAS shall be final <strong>and</strong> binding on all parties, <strong>and</strong> no right of<br />

appeal shall lie from the CAS decision.<br />

ARTICLE 14 PUBLIC DISCLOSURE AND CONFIDENTIALITY<br />

14.1 Neither the National <strong>Cricket</strong> Federation, the National <strong>Anti</strong>-<strong>Doping</strong> Organisation, the<br />

ICC or WADA shall publicly identify <strong>Cricket</strong>ers whose Samples have resulted in<br />

Adverse Analytical Findings, or who have been alleged to have violated other Articles<br />

of the <strong>Rules</strong>, until it has been determined in a hearing in accordance with Article 8<br />

41<br />

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