Sports organisations may refer matters concerning safeguarding in sport for arbitration by Sport Resolutions, and can opt to use the SR Arbitration Service in place of an internal disciplinary panel or appeals panel in cases of significant complexity or seriousness.
The Arbitration Service also provides a procedural framework for the management of cases before the tribunal.
The service covers both international and national level and includes:
- Appointment of an independent panel of three arbitrators, comprising an experienced legal chair and two specialist members;
- Case management support and guidance for all parties in accordance with child-centred approach;
- Specific support and guidance for any children or young people and their parents involved in proceedings and for individuals who are alleged to have breached the rules of referring sport organisation;
- Provision of case directions which set out the timetable and procedure to be followed;
- Organisation of the hearing - including any "special measures" requirements considered appropriate by the independent safeguarding panel;
- Drafting and distribution of a detailed written decision of the independent safeguarding panel with reasons;
The sport governing body retains responsibility for presenting a case before the NSP arbitration panel and is responsible for ensuring that it confers necessary jurisdiction on the independent safeguarding panel.
To refer matters for arbitration, sport organisations will need to confer jurisdiction to Sport Resolutions by either:
- amending their rules (see suggested clause below), or
- entering into an arbitration agreement on a case-by-case basis.
How to make a request for arbitration
If you are an international federation;
We would invite you to please get in touch with us to discuss any requirements your organisation may have using the contact information on the right hand side of this page.
If you are a national governing body;
NGBs that wish to refer matters to the NSP for arbitration should amend their rules by including part or all of the following wording:
The following matters arising under these Rules shall be submitted for determination by the National Safeguarding Panel (NSP) c/o Sport Resolutions (a trading name of The Sports Dispute Resolution Panel Ltd - Company No. 3351039) in accordance with the NSP Rules, as amended from time to time, which Rules are deemed to be incorporated by reference to this clause:
- allegations that a person has engaged in conduct which directly or indirectly adversely affects the welfare and safety of a child or children and/or places them at risk
- an application that a Provisional Suspension, arising from concerns or allegations that a person has engaged in conduct which directly or indirectly adversely affects the welfare and safety of a child or children and/or places them at risk, should not be imposed (or be lifted)
- an appeal brought against any finding of fact and/or decision made under these Rules regarding the conduct of a person which directly or indirectly adversely affects the welfare and safety of a child or children and/or places them at risk
If a NGB has not amended its rules to provide for direct referral it may still make a request for arbitration in writing to the NSP. The NSP secretariat may require the NGB and the individual who is alleged to be in breach of the NGB’s rules to enter into an arbitration agreement to confer jurisdiction on the NSP where this is necessary to bind all parties to the arbitration process.
Safeguarding
Related Documents
- 2021 NSP Procedural RulesPDF Document
- NSP LeafletPDF Document
- NSP Code of ConductPDF Document
- Guidance Pack for Children, Young People and ParentsPDF Document
Need help or assistance?
Should you require Sport Resolutions to conduct and manage an investigation, review or inquiry, or have any other enquiries, please get in touch.