Common use of Procedure for Selection Appeals Clause in Contracts

Procedure for Selection Appeals. The procedure for a Selection Appeal shall be as follows: (a) An Athlete wishing to appeal must give written notice of the appeal (“Notice of Selection Appeal”) to the Secretary General of the NZOC within 2 days of the Selection Date. (b) Within 2 days of the NZOC receiving the Notice of Selection Appeal, the NZOC may in consultation with the Athlete and the NSO arrange a meeting between the parties and their representatives (if any) at which meeting the parties shall endeavour to resolve the Selection Appeal by discussion. Such a meeting, which may be held in person or 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 Selection Appeal is received by the NZOC. (c) Any meeting conducted in accordance with clause 12.2(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 other party in respect of any hearing of the Selection Appeal. (d) If the Selection Appeal is not resolved at the meeting referred to in clause 12.2(b) or otherwise and the Athlete wishes to proceed the Athlete must file for a Notice of Appeal with the Sports Tribunal and serve a copy of such Notice of Appeal upon the Secretary General of the NZOC within: (i) 5 days of the date of the meeting referred to in clause 12.2(b) (if held); or (ii) 10 days of the Selection 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 Secretary General of the NZOC, be served on the NSO. (f) A Selection Appeal shall be determined by the Sports Tribunal in accordance with its Rules. (g) Any party to a decision of the Sports Tribunal under clause 12.2(f) may appeal such decision to CAS in accordance with its rules. (h) The decision of CAS shall be final and binding on the parties. (i) No party to a Selection Appeal may institute or maintain proceedings in any Court or Tribunal other than as specified in this Agreement.

Appears in 3 contracts

Samples: Application, Nomination and Selection Agreement, Application, Nomination and Selection Process Agreement, Application, Nomination and Selection Agreement

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Procedure for Selection Appeals. The procedure for a Selection Appeal shall be as follows: (a) An Athlete wishing to appeal must give written notice of the appeal (“Notice of Selection Appeal”) to the Secretary General of the NZOC SOCGA within 2 days of the Selection Date. (b) Within 2 days of the NZOC SOCGA receiving the Notice of Selection Appeal, the NZOC SOCGA may in consultation with the Athlete and the NSO arrange a meeting between the parties and their representatives (if any) at which meeting the parties shall endeavour to resolve the Selection Appeal by discussion. Such a meeting, which may be held in person or 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 Selection Appeal is received by the NZOCSOCGA. (c) Any meeting conducted in accordance with clause 12.2(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 other party in respect of any hearing of the Selection Appeal. (d) If the Selection Appeal is not resolved at the meeting referred to in clause 12.2(b) or otherwise and the Athlete wishes to proceed the Athlete must file for a Notice of Appeal with the Sports Tribunal and serve a copy of such Notice of Appeal upon the Secretary General of the NZOC SOCGA within: (i) 5 days of the date of the meeting referred to in clause 12.2(b) (if held); or (ii) 10 days of the Selection 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 Secretary General of the NZOC, be served on the NSO. (f) A Selection Appeal shall be determined by the Sports Tribunal in accordance with its Rules. (g) Any party to a decision of the Sports Tribunal under clause 12.2(f) may appeal such decision to CAS in accordance with its rules. (h) The decision of CAS shall be final and binding on the parties. (i) No party to a Selection Appeal may institute or maintain proceedings in any Court or Tribunal other than as specified in this Agreement.

Appears in 1 contract

Samples: Association Agreement

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