13Charging costs of an arbitration or an alternative dispute resolution process

13 Charging costs of an arbitration or an alternative dispute resolution process

Costs of an arbitration in the Anti-Doping Division or General Division

(1) For the purposes of section 46 of the Act, the CEO may make a determination in relation to charging a party or parties for the costs of an arbitration in the Anti-Doping Division or the General Division of the National Sports Tribunal.

(2) A determination under subsection (1):

(a) may apportion the charges between the parties; and

(b) may provide that a party or parties to a dispute be charged a portion of the actual or estimated fees of the arbitration; and

(c) may require that a party or parties must pay the charge, or a portion of the charge, prior to or as a condition of the dispute being set down for hearing.

(3) In making a determination under subsection (1), the CEO must have regard to the nature and financial circumstances of the persons or entities that are the parties to the dispute.

Costs in the Appeals Division

(4) For the purposes of section 46 of the Act, the CEO may make a determination in relation to charging a party or parties for the costs of an appeal to the Appeals Division.

(5) A determination under subsection (4):

(a) may apportion the charges between the parties; and

(b) may provide that a party or parties to a dispute be charged a portion of the actual or estimated fees of the appeal; and

(c) may require that a party or parties must pay the charge prior to or as a condition of the appeal being set down for determination.

(6) In making a determination under subsection (4), the CEO must have regard to the nature and financial circumstances of the persons or entities that are parties to the appeal.

Costs of alternative dispute resolution

(7) For the purposes of section 47 of the Act, the CEO may make a determination in relation to charging a party or parties for the costs of alternative dispute resolution under Division 5 of Part 3 of the Act.

(8) A determination under subsection (7):

(a) may apportion the charges between the parties; and

(b) may provide that a party or parties to a dispute be charged a portion of the actual or estimated fees of the alternative dispute resolution; and

(c) may require that a party or parties must pay the charge prior to or as a condition of the dispute being listed for alternative dispute resolution.

Refund of charges

(9) Where:

(a) the CEO has made a determination of charges under subsection (1), (4) or (7) requiring a party or parties to pay a charge in respect of proceedings; and