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World Rugby Handbook

SCHEDULE 7 TOURS AGREEMENT SCHEDULE 7. DISPUTE RESOLUTION AND COMPLIANCE 1. Where a matter is referred to the Disputes Committee it will ordinarily be dealt with by a three person committee or single Judicial Officer. The Chairman of the Disputes Committee (or Judicial Officer as the case may be shall have experience in resolving commercial and Rugby disputes. 2. The Disputes Committee or Judicial Officer shall have the power to determine the following issues: (a) Matters referred to it pursuant to Clause 25 of this Agreement. (b) Adjudicating, in the case of dispute, on whether an event constitutes an Event of Force Majeure for the purposes of Clause 24 of this Agreement. 3. The Disputes Committee or Judicial Officer shall have full discretion as to its procedures (including any pre-hearing directions) and as to what evidence it may require. The Disputes Committee or Judicial Officer will not be bound by judicial rules governing procedure and/or admissibility of evidence provided that the proceedings are conducted with reasonable notice and in a fair manner with a reasonable opportunity for relevant parties to present their arguments always having due regard to the potential need to resolve disputes relating to the Agreement on an expedited basis. 4. The Disputes Committee or Judicial Officer shall be entitled to call on such experts (legal or otherwise) as it considers appropriate to assist in the matter under consideration. 5. The Disputes Committee or Judicial Officer will determine the timing of the hearing and the venue. 6. The Disputes Committee or Judicial Officer may deal with a case via written submissions and/or telephone and/or video conference and is not required to meet in person in order to determine any particular matter. 7. All hearings shall be held in private. 8. The Disputes Committee or Judicial Officer shall have the power to postpone or adjourn a hearing. 9. The Unions involved in the dispute proceedings shall have the right to be present and/or represented at any hearing or the Disputes Committee or Judicial Officer and shall be entitled through its nominated representative to make submissions. 10. The standard of proof on all questions to be determined by the Disputes Committee or Judicial Officer shall be the balance of probabilities. 11. The Disputes Committee or Judicial Officer shall be entitled to take such action and impose such penalties as it or he thinks fit in relation to any Last update: 14 January, 2015 526


World Rugby Handbook
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