Arbitration: All Affiliated Units to ITCF-India shall include in their Constitution a provision that the Associations would have all unresolved disputes settled by the Arbitral Tribunal of ITCF and their Members shall voluntarily surrender their right of seeking redress in any Court of Law. In case of any dispute between legally and constitutionally elected office bearers, members, appointed officials or registered players under the association will fall under Arbitration clause as under:
- Any and all claims, disputes, questions or controversies involving elected office bearers, members of affiliated units, appointed officials and registered players and arising out of or in connection with or relating to this agreement, or the execution, interpretation, validity, performance, breach or termination thereof, including, without limitation, the provisions of this Article (individually a Dispute) shall be resolved Pursuant to the terms of the Article 2.
- All disputes shall be resolved in good faith within 1 (one) month of the arising of a Dispute by amicable negotiation and conciliation between parties. Party shall notify the other party of the detailed nature of the dispute, the right or obligation under this agreement to which the dispute relates and the relief sought by the party raising the dispute. Any notice or other document, which may be given by either party, shall be given in writing or by delivery post or by facsimile transmission or through email. In relation to a notice given under this Agreement any such notice or other document shall be addressed to the other party's principal or registered office address. If the Parties are unable to resolve and settle the dispute within 1 (one) month, then any Party shall be entitled to cause the dispute to be submitted for arbitration pursuant to the terms of Article 3.
- All disputes that are not settled to the satisfaction of the Parties under Article 2 shall be referred by the party to Arbitral Tribunal, Head Office, ITCF, for settlement under arbitration process by the Arbitral Tribunal. In the process of arbitration, the panel of arbitrator shall attempt to resolve the dispute in a meeting specially convened for the purpose. The representatives of all parties shall be invited to participate in such meetings.
- Arbitration proceedings will be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any other law, as in force on the date of proceedings. The place of arbitration shall be Patiala. The arbitration proceedings shall be conducted in the English language. The Arbitral Tribunal shall decide any such dispute or claim strictly in accordance with the governing law specified in Article 2. All elected office bearers, members of affiliated units, appointed officials and registered players shall commit themselves to refer their unresolved disputes for settlement through the process of Arbitration with the Arbitral Tribunal which would be highest internal authority in ITCF-India for the resolution of disputes within ITCF-India and affiliated units in India.
- The costs and expenses of the arbitration, including, without limitation, the fees of the arbitration, the fees of the Arbitral Tribunal, shall, except if the Arbitral Tribunal determine otherwise, be borne by both parties and each party shall pay its own fees, disbursements and other charges of its counsel.
- Any award made by the Arbitral Tribunal shall be final and binding on the parties, the parties expressly agree to waive the applicability of any laws and regulations that would otherwise give the right to appeal the decisions of the Arbitral Tribunal so that there shall be no appeal to any court of law on the award of the Arbitral Tribunal, and no Party shall challenge or resist the enforcement action taken by any other Party in whose favour an award of the Arbitral Tribunal was given.
- The award made by the Arbitral Tribunal shall be referred to the appropriate body as per the guide-lines of Indian Twenty20 Cricket Federation (ITCF-India), only if the Arbitral Tribunal find it necessary
Mr. Narinder Verma
Member, Arbitral Tribunal
Panel of Arbitrators INDIAN TWENTY20 CRICKET FEDERATION® (ITCF-INDIA™)
THE CHAIRMAN, ARBITRAL TRIBUNAL
Kalyans, 125/126, Street No. 22, Tripuri, Patiala 147001