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Tribunal Update

Shipley Ram

By Shipley Ram
in Derby County Forum

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TomG

TomG

Posted
Posted
1 minute ago, sage said:

I would imagine the 3rd person acts as a judge listening to both sides, a negotiator in working out the actual punishment and a mediator in terms of future practices.

Effectively a 1 man panel listening to 2 advocates. 

Hope it's not that $£!tweasel Steve Gibson!

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RamNut

RamNut

Posted
Posted
3 hours ago, Carl Sagan said:

People talking about an "independent panel" but we would all do well to remember there is no such thing as an independent panel. Everyone brings their own biases and agenda to this.

A question that might be informed by the Wendies verdict: does anyone know if the panel has to be unanimous in their ruling or if they can split 2-1 to deliver their verdict?

The Wednesday report said unanimous.

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richinspain

richinspain

Posted
Posted
2 minutes ago, AutoWindscreens said:

The person selected by the club does not argue for the club. It just gives the club a say in the make up of the panel. Each member of the panel has to be independent and impartial.

So how is that person selected? Does the totally independent person give a list of candidates and each party chooses one? I can see each side being able to veto a candidate, but not how they can choose one.

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Rambalin

Rambalin

Posted
Posted

Elf rules 

Disciplinary Commission shall consist of:

90.3.1 a chairperson who shall be either:

(a) a qualified solicitor or barrister; or

(b) a ‘member’ or ‘fellow’ of the Chartered Institute of Arbitrators,

in either case with at least 5 years post-qualification experience who shall be appointed independently by the Chartered Institute of Arbitrators (or such other body as the Board may from time to time determine); and

90.3.2 two suitably qualified side members one of whom shall be selected by the Claimant and the other (subject to Regulation 90.4), by the Respondent,

PROVIDED ALWAYS that:

(a) the side members must be independent of the parties and able to render an impartial decision;

(b) the parties may agree that the Disciplinary Commission be constituted by the Chairman sitting alone; and

(c) a ‘suitably qualified’ side member (if not a solicitor or barrister of at least five years post-qualification experience, shall be a person who is independent of the party appointing them, capable of rendering an impartial decision and not otherwise subject to a Disqualifying Condition (as defined in Appendix 3).

90.4 Where there is more than one Respondent, the Respondents collectively shall only be entitled to appoint one side member and in the absence of agreement between them within 3 days of a written request to do so, the Chairman shall be at liberty to do so on their behalf so as to avoid any possible delay in the conduct of the proceedings before the Disciplinary Commission.

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