A summary of the SDSI Arbitration Process
1. Agreement to Arbitrate
There must be an agreement between the parties to submit the dispute to arbitration. This agreement can often take the form of a rule or stage in the dispute resolution or appeals process of the organisation which allows for the use of SDSI for arbitration. It can also be by simple agreement of both parties.
2. Filing of Forms with SDSI
To initiate an arbitration, the appropriate forms must be filed with the SDSI secretariat. If seeking an appeal, a ‘Notice of Appeal’ form is the first requirement. If initiating a standard arbitration, a ‘Notice and Statement of Arbitration form’ must be filed.
Once received, the secretariat will instruct and advise on further steps including the submission of a ‘Reply form’ and a ‘Statement of Appeal’ form following the notice.
All forms can be found on the ‘Forms’ section of this site.
3. Appointment of Arbitrator
The parties may agree on an arbitrator from the SDSI panel of arbitrators. Where the parties can not reach an agreement on the arbitrator, or an urgent case has been requested, the SDSI Registrar will appoint an arbitrator. Where it has been agreed that a dispute is to be heard by a 3 person arbitration panel, each party shall appoint one arbitrator with the third person who shall act as Chairperson of the panel appointed by the SDSI Registrar.
4. Conduct of Arbitration
The proceedings will be carried out in a manner seen fit by the arbitrator. As a general rule, an oral hearing shall be held. The decision of the arbitrator shall be delivered in writing and with reasons.
5. Cost of the Arbitration to be determined by the Registrar
As a general rule, the SDSI arbitration fee, is born equally by both parties unless directed otherwise by the arbitrator(s). However, should parties incur individual costs outside of the arbitration fee, including legal representation, those costs shall be borne by the parties themselves save, where the arbitrator determines a contribution should be provided by one party to the other. Further information in relation to costs and fees can be found here.
6. Publication of the Award
An award will only be published in full where all parties to a dispute agree that it can be published. SDSI do however, save where specifically agreed otherwise, reserve the right to publish an award with the identity of the parties withheld. This is to facilitate the establishment of a sporting jurisprudence in Ireland.