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Sports Disputes: The Role of SDRP December 2007. Agenda. Why sports disputes? Risks for NGBs. Work and role of SDRP. National Anti-Doping Panel. Case studies. Why SDRP?. Why sports disputes?. Sport more business like. Greater regulation. More to lose.
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Sports Disputes: The Role of SDRP December 2007
Agenda • Why sports disputes? • Risks for NGBs. • Work and role of SDRP. • National Anti-Doping Panel. • Case studies. • Why SDRP?
Why sports disputes? • Sport more business like. • Greater regulation. • More to lose. • Less deference for rules.
Our vision To be the dispute resolution service of choice for all sports in the UK
Our Aim • To make available to all sports throughout the UK: • Independent, expert, timely and cost effective resolution of all disputes. • Information, education and training to prevent disputes arising and to handle effectively and lower the profile of those that do.
Our Mission • To be: • The centre of excellence for all sports dispute management and training. • The nominated referral body when disputes in sport arise. • A non-profit making body, reinvesting in sport.
SDRP Services • Neutral guidance. • Appointments under NGB Rules. • Independent Arbitration. • Full and Appeals Procedure • Independent Mediation.
SDRP Appeal Clause Any appeal shall be made within [ ] days to a tribunal of arbitrator (s) appointed in accordance with the Rules (as amended from time to time) of the Sports Dispute Resolution Panel Limited (Company No. 3351039) and the decision of those arbitrator (s) shall be final and binding on all concerned.
SDRP Arbitration Clause The parties hereby agree that all disputes between them should be referred to the Sports Dispute Resolution Panel Limited (Company No. 3351039) (“SDRP”) for final and binding arbitration in accordance with SDRP Arbitration Rules (as amended from time to time).
SDRP Mediation Clause The parties hereby agree that if they are in dispute they will refer the matter to the Sports Dispute Resolution Panel Limited (Company No. 3351039) (“SDRP”) for resolution by mediation in accordance with SDRP Mediation Procedure (as amended from time to time).
Main areas of Dispute • Anti-Doping tribunals/appeals. • Child Protection appeals. • Other serious conduct disputes. • Insurance disputes from pi claims in sport. • Selection disputes for major championships. • Appeals against public funding decisions. • Contract and relationship disputes.
National Anti-Doping Panel • SDRP won 5 way tender. • Independent from UK Sport. • Appointing President and Panel. • Developing Rules. • Operational from April 2008.
Arbitration Case Study A dispute between an NGB and two athletes who had received lengthy bans from the sport for serious misconduct • Parties agreed to SDRP arbitration. • Parties agreed arbitrator from shortlist of 5. • SDRP administered and clerked hearing. • Cost £1200 per party. • Settled in 16 weeks. • Ban up-held. • All parties agreed hearing had been very fair. • Costly litigation avoided.
Mediation Case Study A dispute between a world class athlete and coach which was undermining team harmony, consuming time and energy of the NGB and in danger of escalating to formal litigation • Mediation agreement drawn up and signed. • Independent mediator appointed. • Settlement agreement and statement signed. • Cost of £1100 paid by NGB. • Athlete and coach continue in sport. • Performance Director time saved. • Costly litigation avoided.
Why SDRP? • Neutrality. • Fairness and Perceived Fairness. • Expertise • Flexibility and Cost. • Finality.