The Arbitration and Appeals Committee considered a proposal to amend the current procedure at an Arbitration Appeal on the premise that Respondents should serve submissions before the hearing, whereas currently only Outline Reasons for Appeal are served. In addition, they also discussed whether both parties should submit a concise document, in a specified time frame and that the concept of a “joint bundle” should be included in the FOSFA Rules of Arbitration and Appeal.
The Committee concluded that the proposed amendments would be beneficial to the governance of FOSFA Arbitration Appeals and recommended the following amendments, which have been approved by the FOSFA Council and will become effective from 1 April 2024. In summary, the following amendments were agreed which will require the Respondent of an Appeal to send the Federation an outline of its response to the Appellants’ reason for its Appeal including reasons for any cross appeal.
Amendment to Respondent Outline Reasons for Appeal
Amendment of 7(g):
Upon receipt of Appellants’ outline reasons for Appeal, Respondents shall, within 21 days, serve to the
Federation and to Appellants, a concise, reasoned statement of their Response, together with reasons
for any cross-Appeal.
Amendment to Rule 7 adding a clause regarding the Appellants right of reply to any cross appeal:
Amendment of 7(h):
If any cross-Appeal is lodged, Appellants shall have 14 days to exercise a right of reply.
Amendment to Rule 9: PROCEDURE AT APPEALS regarding both parties providing a common bundle of documents including any legal authorities relied upon and cited by either party.
Amendment of 9(b):
Not later than 21 days before the date set down for the hearing of an Appeal, Appellants shall, after
due co-operation with Respondents, deliver to the Federation six sets of an agreed common bundle
of documents, including any legal authorities relied upon, which are being cited by either party.
The above amendments will be made to the FOSFA Rules of Arbitration and Appeal to be effective
from 1 April 2024
Source – https://www.fosfa.org/news/latest-circular/
