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PREMIER LEAGUE

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SECTION Y: MANAGERS’ ARBITRATION TRIBUNAL<br />

Y.16. If either party is in breach of Rule Y.15 the Tribunal shall have power to:<br />

Y.16.1. make peremptory orders prescribing a time for compliance;<br />

Y.16.2. make orders against a party which fails to comply with a peremptory order;<br />

Y.16.3. dismiss a claim for want of prosecution in the event of inordinate or<br />

inexcusable delay by a party which appears likely to give rise to a substantial<br />

risk that it will not be possible to have a fair resolution of the issues or will<br />

cause serious prejudice to the other party;<br />

Y.16.4. debar that party from further participation and proceed with the arbitration<br />

and make an award but only after giving that party written notice of its<br />

intention to do so.<br />

Y.17. The chairman of the Tribunal shall fix the date, time and place of the arbitration<br />

hearing and shall give the parties reasonable notice thereof. In order to allow the<br />

parties time in which to fulfil their obligation to attempt to reach a settlement of<br />

the dispute by mediation, the hearing shall not take place before the expiry of 42<br />

days from the deemed commencement of the arbitration.<br />

Y.18. At or before the hearing the chairman of the Tribunal shall determine the order in<br />

which the parties shall present their cases.<br />

Y.19. Any witness who gives oral evidence may be questioned by the representative of<br />

each party and by each of the arbitrators.<br />

Y.20. Except for the power to order specific performance of a contract, the<br />

Tribunal shall have the powers set out in Rule X.28 together with the following<br />

additional powers:<br />

Y.20.1. to order the cancellation of the registration of the Manager’s contract<br />

of employment;<br />

Y.20.2. to order that the deposit be forfeited by or returned to the party paying it;<br />

Y.20.3. to make such other order as it thinks fit.<br />

Y.21. The provisions of Rules X.29 to X.42 inclusive, substituting ‘Tribunal” for ‘tribunal”<br />

and ‘chairman of the Tribunal” for ‘chairman”, shall apply to proceedings of the<br />

Tribunal. In exercising its power to award costs the Tribunal shall have regard to the<br />

extent to which each of the parties fulfilled their obligation to attempt to reach a<br />

settlement of the dispute by mediation.<br />

Q.33<br />

Q.34<br />

Q.35<br />

Q.36<br />

Q.37<br />

Q.38<br />

205<br />

<strong>PREMIER</strong> <strong>LEAGUE</strong> RULES: SECTION Y

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