8.1 Hearings under the ICC Code
8.1.1 The ICC shall appoint a standing panel consisting of a President (who shall be a lawyer) and at least six other persons with experience and expertise in anti-doping (the "Anti-Doping Panel"). Each panel member shall be independent of the ICC, free of any conflict of interest and shall be Operationally Independent.
8.1.2 Where the ICC alleges that a Player or other Person has committed an anti-doping rule violation, and the Player or other Person denies the allegation, and/or disputes the Consequences to be imposed for such violation under the ICC Code, then the case shall be referred to an Anti-Doping Tribunal for adjudication.
8.1.3 In conjunction with the Anti-Doping Manager, the President of the Anti-Doping Panel shall appoint three members from the panel (which may include the President) to sit as the Anti-Doping Tribunal to hear each case. At least one appointed member of the Anti-Doping Tribunal shall be a lawyer, and shall sit as the Chairman of the Anti-Doping Tribunal. The appointed members shall have had no prior involvement with the case and shall not have the same nationality as the Player or other Person alleged to have violated the ICC Code.
8.1.4 The Chairman of the Anti-Doping Tribunal shall convene a preliminary hearing with the ICC and its legal representatives, and with the Player or other Person and his/her legal representatives (if any). The preliminary hearing should take place as soon as possible by telephone conference call unless the Chairman determines otherwise. The non-participation of the Player or other Person or his/her representative at the preliminary hearing, after proper notice of the preliminary hearing has been provided, shall not prevent the Chairman of the Anti-Doping Tribunal from proceeding with the preliminary hearing, whether or not any written submissions are made on behalf of the Player or other Person.
8.1.5 The purpose of the preliminary hearing shall be to allow the Chairman to address any preliminary issues. In particular (but without limitation), the Chairman shall:
220.127.116.11 determine the date(s) upon which the full hearing shall be held;
18.104.22.168 establish dates reasonably in advance of the date of the full hearing at which:
(a) the ICC shall submit an opening brief with argument on all issues that the ICC wishes to raise at the hearing and a list of the witnesses that the ICC intends to call at the hearing (and a summary of the subject areas of the witness’s anticipated testimony), and enclosing copies of the documents that the ICC intends to introduce at the hearing;
(b) the Player or other Person shall submit an answering brief, addressing the ICC’s arguments and setting out arguments on the issues that he/she wishes to raise at the hearing, as well as a list of the witnesses that he/she intends to call at the hearing (and a summary of the subject areas of the witness’s anticipated testimony), and enclosing copies of the documents that he/she intends to introduce at the hearing; and
(c) the ICC may (at its discretion) submit a reply brief, responding to the answer brief of the Player or other Person and listing any rebuttal witnesses or documents.
22.214.171.124 make such order as the Chairman shall deem appropriate in relation to the production of relevant documents and/or other materials between the parties; provided that (save for good cause shown) no documents and/or other materials shall be ordered to be produced in relation to any Adverse Analytical Finding beyond the documents that the International Standard for Laboratories requires to be included in the laboratory documentation pack.
8.1.6 The Player or other Person shall be required to raise any legitimate objection that he/she may have to any of the members of the Anti-Doping Tribunal convened to hear his/her case within seven days of the ground for challenge becoming known and, at the latest, the preliminary hearing. Any unjustified delay in raising any such objection shall constitute a waiver of the objection. If any objection is made, the President of the Anti-Doping Panel shall rule on its legitimacy (or, if the objection relates to the President, another member of the Anti-Doping Panel shall rule).
8.1.7 If, because of a legitimate objection or for any other reason, a member of the Anti-Doping Tribunal is, or becomes, unwilling or unable to hear the case, then the President of the Anti-Doping Panel may, at his/her absolute discretion: (a) rule that a replacement member of the Anti-Doping Tribunal should be appointed (in which case the President of the Anti-Doping Panel shall appoint the replacement); or (b) authorise the remaining members to hear the case on their own.
8.1.8 Subject to the discretion of the Chairman of the Anti-Doping Tribunal to order otherwise for good cause shown by either party, or if otherwise agreed between the parties, hearings before the Anti-Doping Tribunal shall: (a) take place at the ICC’s headquarters in Dubai, United Arab Emirates; and (b) be conducted on a confidential basis.
8.1.9 Each of the ICC and the Player or other Person has the right to be present and to be heard at the hearing. Each of the ICC and the Player or other Person also has the right (at his/her or its own expense) to be represented at the hearing by legal counsel of his/her or its own choosing.
8.1.10 Subject to Article 3.2.6, the Player or other Person may choose not to appear in person at the hearing, but rather to provide a written submission for consideration by the Anti-Doping Tribunal, in which case the Anti-Doping Tribunal shall consider the submission in its deliberations. However, the non-attendance of the Player or other Person or his/her representative at the hearing, after proper notice of the hearing has been provided, shall not prevent the Anti-Doping Tribunal from proceeding with the hearing in his/her absence, whether or not any written submissions are made on his/her behalf.
8.1.11 The procedure followed at the hearing shall be at the discretion of the Chairman of the Anti-Doping Tribunal, provided that the hearing is conducted in a fair manner with a reasonable opportunity for each party to present evidence (including the right to call and to question witnesses by telephone or video-conference where necessary), address the Anti-Doping Tribunal and present his/her case. The procedure shall follow the principles outlined in the International Standard for Results Management.
8.1.12 Save where the Chairman orders otherwise for good cause shown by either party, the hearing shall be in English, and certified English translations shall be submitted of any non-English documents put before the Anti-Doping Tribunal. The cost of the translation shall be borne by the party offering the document(s). If required by the Chairman, the ICC shall make arrangements to have the hearing recorded or transcribed (save for the private deliberations of the Anti-Doping Tribunal). If requested by the Player or other Person, the ICC shall also arrange for a translator to attend the hearing to translate oral questions and/or answers. The costs of such transcription and translation shall be paid by the ICC, subject to any costs-shifting order that the Anti-Doping Tribunal may make further to Article 8.2.4.
8.2 Decisions of the Anti-Doping Tribunal
8.2.1 The Anti-Doping Tribunal shall announce its decision in writing, with reasons, as soon as possible after the conclusion of the hearing. That written decision will be sent without delay to the parties and to WADA and any other party that has a right, further to Article 13, to appeal the decision. The decision shall set out and explain:
126.96.36.199 the jurisdictional basis and applicable rules;
188.8.131.52 a detailed factual background;
184.108.40.206 with reasons, the Anti-Doping Tribunal’s findings as to whether any anti-doping rule violation(s) has/have been committed;
220.127.116.11 with reasons, the Anti-Doping Tribunal’s findings as to what Consequences, if any, are to be imposed, including, if applicable, findings as to why the maximum potential sanction was not imposed;
18.104.22.168 with reasons, the date that such Consequences shall come into force and effect pursuant to Article 10.13; and
22.214.171.124 the rights of appeal applicable pursuant to Article 13.
8.2.2 Where possible, the Anti-Doping Tribunal shall have discretion to announce the substance of its decision to the parties prior to the issue of the written reasoned decision referred to in Article 8.2.1, in cases where a Provisional Suspension has been imposed or where it otherwise deems appropriate. For the avoidance of doubt, however: (a) the Anti-Doping Tribunal shall still be required to issue a written, reasoned decision in accordance with Article 8.2.1; and (b) the time to appeal pursuant to Article 13 shall not run until receipt of that written, reasoned decision.
8.2.3 The ICC shall pay the costs of convening the Anti-Doping Tribunal and of staging the hearing, subject to any costs-shifting order that the Anti-Doping Tribunal may make further to Article 8.2.4.
8.2.4 The Anti-Doping Tribunal has the power to make a costs order against any party. Subject thereto, each party shall bear its own costs, legal, expert, hearing, and otherwise. No recovery of costs may be considered a basis for reducing the period of Ineligibility or other sanction that would otherwise be applicable.
8.2.5 Subject only to the rights of appeal under Article 13, the Anti-Doping Tribunal’s decision shall be the full, final and complete disposition of the case and will be binding on all parties.
8.2.6 If the decision is that an anti-doping rule violation has been committed, then: (a) the decision shall be Publicly Reported in full as soon as possible, and in any event within no more than twenty (20) days of its issue in accordance with Article 14.1; and (b) after the decision is Publicly Reported, the ICC may also publish such other parts of the proceedings before the Anti-Doping Tribunal as the ICC thinks fit.
8.2.7 If the Player or other Person is exonerated, then the decision shall not be published (save as set out in Article 14.2) and its confidentiality shall be strictly maintained by all parties.
8.3 Single Hearings Before CAS
Anti-doping rule violations asserted against Players or other Persons under this ICC Code may, with the consent of the Player or other Person, the ICC, and WADA be heard in a single hearing directly at CAS.