9Kinds of disputes that must not be approved by the CEO

9 Kinds of disputes that must not be approved by the CEO

Arbitration and appeals

(1) For the purposes of subsections 23(4), 24(4) and 35(6) of the Act, the CEO must not approve the following kinds of disputes:

(a) anti-doping disputes;

(b) field of play’ decisions made on the playing field (however described or occurring) by judges, referees, umpires or other officials, who are responsible for applying the rules or laws of the particular game;

(c) disputes of any kind in which damages as a remedy are being sought from another party to the dispute.

Note: In relation to paragraph 8(1)(b), see for example OG 02/007, Korean Olympic Committee / International Skating Union, in which the Court of Arbitration for Sport affirmed that it would not review a ‘field of play’ decision merely because the applicant has disagreed with that decision.

Alternative dispute resolution

(2) For the purposes of subparagraphs 25(4) (Disputes between a person and a sporting body) and 26(4) (Disputes between 2 or more persons) of the Act, the CEO must not approve the following kinds of disputes:

(a) anti-doping disputes;

(b) field of play’ decisions made on the playing field (however described or occurring) by judges, referees, umpires or other officials, who are responsible for applying the rules or laws of the particular game.