Arbitration


Type of Communication Change to Sailing Instructions
Number:  2
Issued Date:  03 Dec 2016 15:06
 

Section 15.6 is to be added to the Sailing Instructions:

"15.6 ARBITRATION
15.6.1. An arbitration hearing will be conducted for all protests lodged in accordance with RRS 61 and SI 16, which allege an infringement of a rule of Part 2 or Part 4 or Rule 31. Such hearings will be held subsequent to the protest being lodged and prior to the protest hearing.
15.6.2. The arbitrator will decide the time and place of the arbitration hearing and such advice may be given verbally. One representative of each boat shall attend the arbitration hearing and no witnesses will be called. The arbitrator shall decide the manner in which testimony is given.
15.6.3. After taking testimony at the arbitration hearing the arbitrator shall make one of the following conclusions:
a. The protest does not comply with Rule 61 and the protestor may withdraw the protest.
b. The matter shall proceed to a protest hearing. This may be because the rules other than Part 2 or Part 4 or Rule 31 are involved or may be involved, or because the evidence is too complex or divergent to reach a reasonable and timely conclusion, or due to the apparent severity of the alleged infringement, or for any other reason the decided by the arbitrator.
c. No rule was broken and the protestor may withdraw the protest.
d. A rule was broken by one or more of the boats involved, the infringing boat(s) may accept a 20% scoring penalty, and if so accepted the protestor shall withdraw the protest. Half points shall be disregarded and the points of other boats shall not be adjusted.
15.6.4. An arbitration hearing will not be re-opened. No conclusion of an arbitrator will be subject to appeal or be grounds for redress.
15.6.5. Should the protest proceed to a protest hearing then the arbitrator may be a member of the Protest Committee. Any evidence given by an arbitrator during a protest hearing shall be given only in the presence of the parties to the hearing."

 

Paul Pascoe
PRO


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