Document ID: chunk:federal_register_of_legislation:F2023C00055:reg:10
Version: federal_register_of_legislation:F2023C00055
Segment Type: reg
Provision Reference: reg 10
Character Range: 13736–15415

10  Circumstances in which the National Sports Tribunal may suspend or terminate an arbitration or appeal

        (1) For the purposes of paragraph 27(4)(d), subsection 27(5), paragraph 36(4)(b) and subsection 36(5) of the Act, the Tribunal may direct that an arbitration or appeal be suspended or terminated in the following circumstances:
           (a) where criminal proceedings have been, or are, commenced in respect of conduct that is substantially the same conduct that is the subject of the dispute before the Tribunal;
           (b) if the arbitration is in the General Division or the Appeals Division—where separate proceedings arising out of the same subject matter have been instituted in any other court or tribunal;
           (c) if the arbitration is in the Anti-Doping Division—where a party has exercised a right to appeal to the Court of Arbitration for Sport;
           (d) where there is undue delay, without reasonable excuse, by the applicant in pursuing their application;
           (e)  where costs, however determined under section 13, have not been paid.

        (2) The Tribunal may direct that an arbitration or appeal be suspended where the parties have made an application under section 25 or section 26 of the Act (Applications for alternative dispute resolution processes).

        (3) The Tribunal may make a direction to terminate an arbitration or appeal in the circumstances described in paragraph (1)(a), (1)(b) or (1)(c) subject to the condition that the termination has effect only once the other proceedings have been resolved by the other court or tribunal, or by the Court of Arbitration for Sport.

Part 6—Making applications