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Dispute Resolution Secretariat (Tribunal)
Complaint Process
To maintain high quality dispute resolution services, so that parties, the sport community, and the general public can have confidence in its processes, the SDRCC has developed a procedure for the investigation and resolution of complaints about its arbitrators, mediators or resolution facilitators ("DR service providers").
The SDRCC complaints process is intended as an administrative procedure to improve, as required, the dispute resolution services and to investigate any alleged breach by the DR service providers of the Code of Conduct for SDRCC Mediators and Arbitrators. It is not intended to review, change or overturn the decisions rendered by arbitrators.
1. Admissible Complaints
The SDRCC will only accept complaints that explicitly refer to a breach of one or more section(s) of the Code of Conduct for SDRCC Mediators and Arbitrators.
As detailed in the Professional Conduct Policy found in the related downloads section of this page, the SDRCC may receive complaints filed by any of the parties, representatives, witnesses or observers in a dispute resolution process, concerning DR service providers conducting such process under the jurisdiction of the SDRCC, provided that the dispute resolution process:
- has concluded. For example, this means that the arbitrator’s jurisdiction has come to an end before the complaint will be processed; and
- is not subject to appeal or judicial review by any party.
Complaints may also be filed by others who have first-hand knowledge of a possible breach of the Code of Conduct for SDRCC Mediators and Arbitrators by a DR service provider conducting a procedure under the jurisdiction of the SDRCC.
The SDRCC will not accept:
- complaints limited to the outcome of the decision (trying to overturn or re-do an arbitration or mediation or substitute for an appeal);
- complaints that request remedies that only the court could provide such as setting aside a decision or requests for new hearings; or
- frivolous, patently trivial, vexatious, repetitive or abusive complaints.
Before submitting a complaint to the SDRCC, the complainant must sign the Complaint Form to agree and undertake in writing not to use any information obtained during the course of the complaints process for any purpose other than the SDRCC complaints process, including any civil action against the DR service provider or against the SDRCC, or any application for judicial review.
2. Procedure to Follow to File a Complaint
Only written Complaints filed using the Complaint form, as found in the Related Download section, will be accepted.
The Complaint must provide the name of the DR service provider who is the object of the Complaint, together with the relevant dates and information about the dispute resolution process at the origin of the Complaint. The Complaint must also make specific reference to the provision(s) of the Code of Conduct for SDRCC Mediators and Arbitrators which are alleged to have been breached by the DR service provider. The Complainant must also provide any information available in support of the allegations so that they can be fully investigated.
The Complaint form must be signed by the Complainant and sent to the Executive Director of the SDRCC.
The Complaint shall be submitted within 45 days following the completion of the dispute resolution process (see the Policy for possible exceptions to this condition).
3. Possible Outcomes
The decision of the SDRCC Professional Conduct Committee shall be the final decision on the Complaint. Outcomes will depend on the facts and circumstances of each case.
If the Executive Director of the SDRCC, the independent investigator, or the Professional Conduct Committee find that a complaint is ineligible, frivolous or unsubstantiated, the Complainant will receive a response outlining the conclusions.
If the Professional Conduct Committee finds that a complaint is substantiated, the outcome may include remediation, a simple warning or reprimand, training, review, observation, or a temporary or permanent removal of the DR service provider from the SDRCC list of arbitrators, mediators and resolution facilitators. In determining what to do on any substantiated complaint, the Professional Conduct Committee may take into account any previous substantiated complaints about the DR service provider.
Both the complainant and the DR service provider who is the subject of the Complaint will be advised by the Professional Conduct Committee of its final decision with reasons.
