Common use of Selection Appeals Clause in Contracts

Selection Appeals. (i) Any Nominated Athlete may appeal against their selection or non-selection by the OFI to the SDSI and/or SDSI Olympic Tribunal in accordance with clause 9.5(ii) below (“Selection Appeal”). This appeal against the OFI selection decision shall only be available to Nominated Athletes on the following grounds: a. That the selection decision was affected by actual bias; or b. There was no basis upon which the OFI’s decision could be reasonably made. (ii) The procedure for a Selection Appeal shall be as follows: a. Within 48 hours of receiving the OFI’s notice of their non-selection, the Athlete must file and serve (on the respective CEOs of the OFI and NF) a Notice of Appeal with the SDSI and/or SDSI Olympic Tribunal setting out clearly the grounds upon which they dispute their non-selection as set out in clause 9.5(i); b. Thereafter the SDSI Procedural Rules shall apply; c. Any party to a Selection Appeal decision of the SDSI and/or SDSI Olympic Tribunal may appeal such a decision to CAS in accordance with its rules; d. Throughout any Selection Appeals process, the Parties must use their best endeavours, acting in good faith, to resolve the dispute through communication and any communications made for the purposes of this process may be made on a without prejudice basis and kept confidential between the parties.