Common use of Procedure for Nomination Appeals Clause in Contracts

Procedure for Nomination Appeals. Subject to clause 11.3, the procedure for a Nomination Appeal shall be as follows: (a) An Athlete wishing to appeal must give written notice of appeal (“Notice of Nomination Appeal”) to the Chief Executive of the NSO within 2 days of the Nomination Date. (b) Within 2 days of receipt of Notice of Nomination Appeal, the NSO may in consultation with the Athlete arrange a meeting between the parties and their representatives (if any) at which meeting the parties shall endeavour to resolve the Nomination Appeal by discussion. Such a meeting, which may be held in person, by telephone or by videotelephony/voice over IP, shall be held as soon as possible and in any event no later than 10 days after the date the Notice of Nomination Appeal notice is received by the NSO. (c) Any meeting conducted in accordance with clause 11.2(b) shall be held on a confidential and without prejudice basis. In particular, the content of any matters discussed during such meeting may not be used by either party in respect of any hearing of the Nomination Appeal. (d) If the Nomination Appeal is not resolved at the meeting referred to in clause 11.2(b) or otherwise, and the Athlete wishes to proceed the Athlete must file an application for Appeal with the Sports Tribunal and serve a copy of such application for Appeal upon the Chief Executive of the NSO within: (i) 5 days of the date of the meeting referred to in clause 11.2(b) (if held); or (ii) 10 days of the Nomination Date, whichever is the later. (e) A copy of such Notice of Appeal shall at the same time as it is filed with the Sports Tribunal and served upon the NSO, be served upon the Secretary General of the NZOC. (f) Nomination Appeals shall be determined by the Sports Tribunal in accordance with its Rules. (g) Any party to any decision of the Sports Tribunal under clause 11.2(f) may appeal such decision to CAS in accordance with its rules. (h) The decision of CAS will be final and binding on the parties.

Procedure for Nomination Appeals. Subject to clause 11.3, the procedure for a Nomination Appeal shall be as follows: (a) An Athlete wishing to appeal must give written notice of appeal (“Notice of Nomination Appeal”) to the Chief Executive of the NSO within 2 days of the Nomination Date. (b) Within 2 days of receipt of Notice of Nomination Appeal, the NSO may in consultation with the Athlete arrange a meeting between the parties and their representatives (if any) at which meeting the parties shall endeavour to resolve the Nomination Appeal by discussion. Such a meeting, which may be held in person, by telephone or by videotelephony/voice over IP, shall be held as soon as possible and in any event no later than 10 days after the date the Notice of Nomination Appeal notice is received by the NSO. (c) Any meeting conducted in accordance with clause 11.2(b) shall be held on a confidential and without prejudice basis. In particular, the content of any matters discussed during such meeting may not be used by either party in respect of any hearing of the Nomination Appeal. (d) If the Nomination Appeal is not resolved at the meeting referred to in clause 11.2(b) or otherwise, and the Athlete wishes to proceed the Athlete must file an application for Appeal with the Sports Tribunal and serve a copy of such application for Appeal upon the Chief Executive of the NSO within: (i) 5 days of the date of the meeting referred to in clause 11.2(b) (if held); or (ii) 10 days of the Nomination Date, whichever is the later. (e) A copy of such Notice of Appeal shall at the same time as it is filed with the Sports Tribunal and served upon the NSO, be served upon the Secretary General of the NZOCSOCGA. (f) Nomination Appeals shall be determined by the Sports Tribunal in accordance with its Rules. (g) Any party to any decision of the Sports Tribunal under clause 11.2(f) may appeal such decision to CAS in accordance with its rules. (h) The decision of CAS will be final and binding on the partiesNo party to a Nomination Appeal may institute or maintain proceedings in any Court or Tribunal other than as specified in this Agreement.