Article 13 - Appeals
13.1 Decisions Subject to Appeal
Decisions made under the ICC Code may be challenged solely by appeal as set out in this Article 13 (or as otherwise provided in the Code, the ICC Code or International Standards). Such decisions shall remain in effect while under appeal unless CASorders otherwise.
13.1.1 Scope of Review Not Limited
The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker. Any party to the appeal may submit evidence, legal arguments and claims that were not raised in the first instance hearing so long as they arise from the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing.
13.1.2CAS Shall Not Defer to the Findings Being Appealed
In making its decision, CAS need not give deference to the discretion exercised by the body whose decision is being appealed.
13.1.3WADA Not Required to Exhaust Internal Remedies
Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within the ICC’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in the ICC’s process.
13.2 Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences, Provisional Suspensions, Implementation of Decisions and Authority
13.2.1 The following decisions may each be appealed exclusively to CAS by any of the parties described in Article 13.2.2: a decision that an anti-doping rule violation was committed, a decision imposing (or not imposing) Consequences for an anti-doping rule violation, or a decision that no anti-doping rule violation was committed; a decision that an anti-doping rule violation proceeding cannot go forward for procedural reasons (including, for example, because too much time has passed); a decision by WADA not to grant an exception to the six month notice requirement for a retired Player to return to competition under Article 5.4.1; a decision by WADA assigning Results Management underCode Article 7.1; a decision by the ICC not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation; a decision by the ICC not to go forward with an anti-doping rule violation after an investigation in accordance with the International Standard for Results Management;(subject to Article 13.2.3) a decision to impose, or lift, a Provisional Suspension as a result of aProvisional Hearing; the ICC’s failure to comply with Article 7.8 of the ICC Code; a decision that the ICClacks authority to rule on an alleged anti-doping rule violation or its Consequences; a decision to suspend, or not suspend, Consequences, or to reinstate or not reinstate, Consequences under Article 10.7.1; failure to comply with Article 7.1.4 and 7.1.5 of the Code; failure to comply with Article 10.8.1; a decision under Article 10.14.3; a decision by the ICC not to implement a an Anti-Doping Organisation’s decision under Article 15; and a decision under Article 27.3 of the Code may be appealed exclusively as provided in this Article 13.2.
13.2.2Persons Entitled to Appeal
In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS: (a) the Player or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) the ICC; (d) the National Anti-Doping Organization of the Person’s country of residence or countries where the Person is a national or license holder;(e) any other Anti-Doping Organisation under whose rules a sanction could have been imposed; and (f) WADA.
Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the ICC and the information shall be provided if CAS so directs.
13.2.3 The only Person who may appeal a decision to impose a Provisional Suspension is the Player or other Person affected by the Provisional Suspension. In accordance with Article 13.2.1, he/she may appeal that decision exclusively to CAS.
13.2.4 Duty to Notify
All parties to any CAS appeal must ensure that WADA and all other parties with a right to appeal have been given timely notice of the appeal.
13.2.5 Cross Appeals and other Subsequent Appeals Allowed
Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted. Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal at the latest with the party’s answer.
13.3 Failure to Render a Timely Decision
Where, in a particular case, the ICC fails to decide whether an anti-doping rule violation was committed within a reasonable deadline set by WADA, WADA may elect to appeal directly toCAS as if the ICC had rendered a decision finding that no anti-doping rule violation has been committed. If CAS determines that an anti-doping rule violation was committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADA’s costs and legal fees in prosecuting the appeal shall be reimbursed to WADA by the ICC.
13.4 Appeals Relating to TUEs
TUE decisions may be appealed exclusively as provided in Article 4.3.
13.5 Appeal from Decisions Pursuant to Article 12
Decisions by the ICC pursuant to Article 12 may be appealed exclusively to CAS by the National Cricket Federation.
13.6 Notification of Appeal Decisions
The ICC shall promptly provide the appeal decision to the Player or other Person and to the other Anti-Doping Organisations that would be entitled to appeal under Article 13.2.2.
13.7 Time for Filing Appeals
13.7.1 The deadline for filing an appeal to CAS shall be twenty-one (21) days from the date of receipt of the written reasoned decision by the appealing party. Where the appellant is a party other than the ICC, to be a valid filing under this Article, a copy of the appeal must also be filed on the same day with the ICC.
13.7.2 Article 13.7.1 notwithstanding, the following shall apply in connection with appeals filed by a party that was not a party to the proceedings that led to the decision subject to appeal:
13.7.2.1 Within fifteen (15) days from receipt of the written, reasoned decision, such party/ies shall have the right to request from the body that issued the decision a copy of the file on which such body relied;
13.7.2.2 If such a request is made within the fifteen-day period, then the party making such request shall have twenty-one (21) days from receipt of the file to file an appeal to CAS.
13.7.3 Articles 13.7.1 and 13.7.2 notwithstanding, the filing deadline for an appeal or intervention filed by WADA shall be the later of:
13.7.3.1 twenty-one (21) days after the last day on which any other party in the case could have appealed, or
13.7.3.2 twenty-one (21) days after WADA’s receipt of the complete file relating to the decision.
13.8 Appeal Procedure
In all appeals to CAS pursuant to this Article 13:
13.8.1CAS’s Code of Sports-related Arbitration shall apply, save as modified or supplemented herein.
13.8.2 Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the ICC Code are specifically permitted. Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal at the latest with the party’s answer.
13.8.3 Any Person entitled to appeal under this Article 13 may, within 15 days of receipt of the decision, request a copy of the full case file pertaining to that decision.
Where such information is not forthcoming from the decision making body upon request, any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the parties to the decision being appealed, and the information shall be provided if CAS so directs.
13.8.4 The governing law shall be English law and the appeal shall be conducted in English, unless the parties agree otherwise.
13.8.5 Subject to the right under Swiss law to challenge the decision before the Swiss Federal Tribunal, the decision of CAS shall be final and binding on all parties, and no right of appeal shall lie from the CAS decision. Subject to Article 14.1, the CAS decision shall be Publicly Disclosed by the ICC within 20 days of receipt.