IWBF

M1 Jurisdiction, Chairperson and Vice-Chairperson

M1.1 The Appeals Committee (“Committee”) shall hear appeals filed by an affected party against decisions of IWBF including its organs and disciplinary bodies, especially the Commission on Legal Matters and Eligibility, unless such an appeal is the competence of an Appeals Committee of an IWBF Zone or expressly excluded in the IWBF Constitution or Internal Regulations.

M1.2 Decisions of the IWBF Congress and the IWBF Executive Council can be appealed only before the Court of Arbitration for Sport (CAS), Lausanne, Switzerland.

M1.3 In principle, appeals against decisions of referees or table officials made during or at the conclusion of games are dealt with in accordance with the Official Wheelchair Basketball Rules, and are not subject to appeal to the IWBF Appeals Committee.

M1.4 Upon decision of the Chairperson of the Committee, a panel can act as an arbitration panel for disputes that have arisen within the world of wheelchair basketball

a) If IWBF, one of the IWBF Zones or their respective divisions and disciplinary bodies are not directly involved in the dispute, and

b) If the parties agree in writing to submit to and have their dispute decided definitively by a panel acting as arbitration panel.

M1.5 The Chairperson and the Vice-Chairperson of the Committee are appointed by the Executive Council of IWBF. The Chairperson (or the Vice Chairperson) shall oversee the activities of the Appeals Committee and shall have the responsibilities assigned to him in these Regulations.

M2 Panels, number of judges

M2.1 Ordinary appeals which do not fall under M2.2 below shall be heard by a Permanent Panel of three (3) members of the Committee acting as judges (“Judges” or “Judge”), (one of whom shall be the Chairman of the Permanent Panel as per M3.1 below) unless the Chairperson of the Committee decides that a matter can be ruled upon by a single judge because it is of minor importance, not of a difficult nature, or requires an immediate decision.

M2.2 Appeals against warnings, reprimands or financial penalties shall be heard by a single judge, unless the financial penalty is part of a sanction comprising financial and other aspects.

M2.3 The Executive Council may appoint a member of the Committee to act as Chairperson of the jury of appeal during main official competitions of IWBF in order to rule on cases which require an immediate decision.

M2.4 Arbitration panels (M1.2 above) shall comprise three (3) Judges and shall be chaired by the Chairperson or Vice-Chairperson of the Committee.

M3 Judges

M3.1 The Executive Council shall appoint at least six (6) members of the Committee as Judges for a four (4) year period between two IWBF World Congresses. One of them shall be appointed as the Chairman of the Permanent Panel, one of them as a single judge to hear appeals against warnings, reprimands or financial penalties (M2.2 above). The other two members of the Permanent Panel (M2.2 above) shall be designated by the Chairperson of the Committee for each individual case from among the judges appointed by the Executive Council.

M3.2 In the event of resignation or other reason of inability to act as judge, such judge shall be replaced in the individual case or permanently by another judge appointed according to M2.1 above by decision of the Chairperson of the Committee.

M3.3 The Judges shall preferably have legal training. Persons employed by IWBF or holding a position within IWBF or one of its Zones cannot be appointed as judges.

M3.4 In each case, the judges must be independent of the parties and must disclose immediately to the Chairperson of the Committee any circumstance likely to affect their independence. The fact that a judge has the same nationality as the appealing party shall disqualify him from hearing the case in question.

M4 Fair trial

M4.1 The parties have the right:

a) To have their appeal heard in a hearing.

b) To be represented by legal counsel.

c) To make written submissions.

d) To present evidence at the hearing.

The appealing party shall not communicate directly or take up direct contact with the members of the Committee on matters relating to an appeal.

M5 Time limit for appeals and payment of fees

M5.1 Appeals must be made in writing and must be received by IWBF within the time limit provided for in the applicable Constitution or Internal Regulations of IWBF. In the absence of such a time limit the statement of appeal must be received by IWBF within fourteen (14) days following the day of receipt by the appealing party of the decision being appealed against. Failure to file a timely appeal in accordance with this paragraph is deemed to be waiver of the right to appeal.

M5.2 The reasons for the appeal and the answer shall be filed by the deadlines fixed by the Chairman of the panel unless the applicable regulations provide that they must be filed along with the statement of appeal; they must be in the English language.

M5.3 Unless the Chairman of the panel orders otherwise, the parties shall not be authorised to supplement their argument, nor to produce new exhibits, nor to specify further evidence on which they intend to rely after submission of the grounds for the appeal and of the answer. In the event that the appealing party fails to sign and return a procedural order, no date for a hearing will be fixed or a hearing date already fixed will be cancelled and the time limit set forth in M7.2 below shall be deemed waived. The Chairman of the panel shall fix a final date for the return of the signed procedural order following which the appeal will be deemed withdrawn unless the order is received by IWBF.

M5.4 The Chairman of the panel may make further procedural orders. In particular, he may fix a deadline by which the parties must submit the names of the witnesses they wish to call to testify at the hearing. The appeal proceedings are subject to the payment of the non-reimbursable fee set forth in P3.

M5.5 The fee must be received by IWBF within the time limit for the appeal provided for in M5.1.

M6 Joinder

If IWBF intends to cause a third party to participate in appeal proceedings (joinder) it shall so advise the Chairman of the panel in writing. The latter shall immediately inform the appealing party and the party to be joined, and invite them to state their position within a time limit fixed by the Chairman. Upon expiry of the time limit, the Chairman shall decide whether the joinder is accepted. If he so decides, the joined party shall be bound by the outcome of the proceedings even if he does not actively participate in them.

M7 Hearing, award

M7.1 There shall be one (1) hearing with oral arguments unless the right to have such hearing is waived by the appealing party. The hearing shall be held in the English language. Appeals Committee panels shall sit at a place decided by the Chairperson. The Chairman of the panel may decide that the hearing be held before only one Judge.

M7.2 In cases of ordinary appeals, hearings shall take place within four (4) weeks following receipt by IWBF of the statement of appeal unless decided otherwise by the Chairman of the Panel. They can be scheduled to take place within a few days following receipt of the statement of appeal if the matter requires an immediate decision.

M7.3 Appeals against warnings, reprimands or financial penalties shall be heard once every quarter by the single Judge appointed according to article M3.1 above.

M7.4 he award shall be rendered by majority decision within four (4) weeks following the date of the oral hearing. Brief reasons must be given. Upon decision of the Chairman of the panel, a decision may be taken by correspondence.

M7.5 Appeals to the Appeals Committee shall not have suspensory effect unless ordered otherwise by the Chairman of the panel.

The award shall have immediate effect unless ordered otherwise by the Chairman of the panel. A further appeal (M9 below) shall not have suspensory effect.

M8 Interim measures

The Chairman of the panel may, upon motion and with or without first hearing the parties, issue such orders for interim relief as he may deem necessary to safeguard the rights and interests of the parties.

M9 Further appeal

A further appeal against the decision by the Appeals Committee can only be lodged with the Court of Arbitration for Sport in Lausanne, Switzerland, within thirty (30) days following receipt of the reasons for the award. The Court of Arbitration for Sport shall act as an arbitration tribunal and there shall be no right to appeal to any other jurisdictional body.

M10 Conflicting regulations

In the event of conflicting regulations, the IWBF Constitution and Internal Regulations shall prevail over the Regulations governing Appeals.

M11 Fees and costs

M11.1 Along with the filing of the appeal, the appealing party must pay a non•reimbursable fee (see M5 above, except for appeals in doping cases where K.8.4 applies.) The Appeals Committee will not proceed with the appeals proceedings until payment is received.

M11.2 Upon receipt of the statement of appeal the Chairman of the panel will fix, subject to later changes, the amount and the method of payment of an advance on costs of the proceedings. In the event that the appealing party fails to pay the advance so fixed, no date for a hearing will be fixed or a hearing date already fixed will be cancelled and the time limit set forth in article M7.2 above shall be deemed waived.

M11.3 The Chairman of the panel shall fix a final date for the payment of the advance on costs following which the appeal will be deemed withdrawn unless payment has been received.

M11.4 The parties and the joined parties shall be responsible for the costs of their own counsel, witnesses, experts and interpreters.

M11.5 In its award, the panel shall determine whether and to what extent the appealing party is to be reimbursed for the costs advanced by it according to article. M11.2 above, or whether and to what extent the appealing party is to pay an amount of costs in addition to the advance fixed in M11.2. When making its determination under M11.5, the panel shall in particular take into account the outcome of the proceedings and the conduct and the financial resources of the appealing party.

M11.6 Remuneration and judges' fees:

There is no fee or remuneration for the judges.  Each judge is entitled to request reimbursement of his travel (economy class) and staying expenses (IWBF rates) on presentation of receipts (P3).