ARTICLE 5: THE DISCIPLINARY PROCESS

5.1 Hearings under the Anti-CorruptionCode

5.1.1 Where the ICC alleges that a Participanthas committed an offence under the *Anti-Corruption Code,*and the Participantsubmits the response required under Article 4.6.6 by the specified deadline, disputing the charge and/or the sanctions to be imposed for such offence under the Anti-Corruption Code, the matter shall be referred to the Chairman of the ICC Code of Conduct Commission.

5.1.2The Chairman of the ICC Code of Conduct Commission shall appoint three members from the ICC Code of Conduct Commission (which may include the Chairman) to form an Anti-Corruption Tribunalto hear the case. One member of the Anti-Corruption Tribunal, who shall be a lawyer, shall sit as the Chairman of the Anti-Corruption Tribunal. The appointed members shall be independent of the parties, shall have had no prior involvement with the case, and shall not (unless otherwise agreed between the parties) be from the same country as the Participantwho is the subject of the proceedings.

5.1.3 The Chairman of the Anti-Corruption Tribunal shall convene a preliminary hearing with the ICC and its legal representatives, together with the Participant and his/her legal representatives (if any). At the reasonable discretion of the Chairman, a representative of the National Cricket Federationto which the Participantis affiliated may also attend such hearing (but strictly as an observer only and with no right to be heard). The preliminary hearing should take place as soon as possible by telephone conference call unless the Chairman determines otherwise. The non-participation of the Participant 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-Corruption Tribunal from proceeding with the preliminary hearing, whether or not any written submissions are made on behalf of the Participant. Notice of any orders or directions made at the preliminary hearing will be sent by the ICCto the National Cricket Federationto which the Participantis affiliated without unnecessary delay following the conclusion of the preliminary hearing.

5.1.4 The purpose of the preliminary hearing shall be to allow the Chairman to address any issues that need to be resolved prior to the hearing date. In particular (but without limitation), the Chairman shall:

5.1.4.1 determine the date(s) upon which the full hearing shall be held. Save where the Chairman in his discretion orders otherwise, the full hearing should ordinarily take place no more than forty (40) days after the date of the preliminary hearing;

5.1.4.2 establish dates reasonably in advance of the date of the full hearing by 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 written statement from each witness that the ICC intends to call at the hearing, setting out his/her direct evidence, and enclosing copies of the documents that the ICCintends to rely on at the hearing;

(b) the Participant shall submit an answering brief, addressing the ICC’s arguments and setting out argument on the issues that he/she wishes to raise at the hearing, as well as a written statement from each witness that he/she intends to call at the hearing, setting out that witness's direct evidence, and enclosing copies of the documents that he/she intends to rely on at the hearing; and

(c) the ICC may (at its discretion) submit a reply brief, responding to the answer brief of the Participant and providing a witness statement from each rebuttal witness that the ICCintends to call at the hearing, setting out his/her direct evidence, and enclosing copies of any further documents that the ICCintends to rely on at the hearing; and

5.1.4.3 order such consolidation with other case(s) as the Chairman shall deem appropriate. For example, where two or more Participantsare alleged to have committed offences under the Anti-Corruption Code, they may both be dealt with at the same hearing where the proceedings arise out of the same incident or set of facts, or where there is a clear link between separate incidents; and

5.1.4.4make such order as the Chairman shall deem appropriate (subject to any principles of applicable national law) in relation to the production of relevant documents and/or other materials between the parties.

5.1.5The Participant shall be required to raise at the preliminary hearing any legitimate objection that he/she may have to any of the members of the Anti-Corruption Tribunal convened to hear his/her case. Any unjustified delay in raising any such objection shall constitute a waiver of the objection. If any objection is made, the Chairman of the Anti-Corruption Tribunal shall rule on its legitimacy (or, if the objection relates to the Chairman of the Tribunal, the Chairman of the ICC Code of Conduct Commission shall rule on its legitimacy).

5.1.6 If, because of a legitimate objection or for any other reason, a member of the Anti-Corruption Tribunal is, or becomes, unwilling or unable to hear the case, then the Chairman of the ICC Code of Conduct Commission may, at his/her absolute discretion: (a) appoint a replacement member of the Anti-Corruption Tribunalfrom the ICC’s Code of Conduct Commission; or (b) authorise the remaining members to hear the case on their own.

5.1.7 Subject to the discretion of the Chairman of the Anti-Corruption Tribunal to order otherwise for good cause shown by either party (for example, and notwithstanding clause 5.1.8, where, having due regard to the seriousness of the alleged offence, the costs of attending any hearing are disproportionate to the Participant’s means and therefore prohibit him/her from having a fair opportunity to present his/her case), or unless otherwise agreed between the parties, hearings before the Anti-Corruption Tribunal shall (a) take place at the ICC’sheadquarters in Dubai, United Arab Emirates; and (b) be conducted on a confidential basis.

5.1.8 Each of the ICC and the Participanthas the right to be present and to be heard at the hearing and (at his/her or its own expense) to be represented at the hearing by legal counsel of his/her or its own choosing. At the reasonable discretion of the Anti-Corruption Tribunal, a representative of the National Cricket Federationto which the Participantis affiliated may also attend any such hearing (but strictly as an observer only and with no right to be heard). Where there is compelling justification for the non-attendance by any party or representative at the hearing, then such party or representative shall be given the opportunity to participate in the hearing by telephone or video conference (if available).

5.1.9 Without prejudice to Article 3.2.2, the Participant may choose not to appear in person at the hearing, but instead may provide a written submission for consideration by the Anti-Corruption Tribunal, in which case the Anti-Corruption Tribunalshall consider the submission in its deliberations. However, the non-attendance of the Participant or his/her representative at the hearing, without compelling justification, after proper notice of the hearing has been provided, shall not prevent the Anti-Corruption Tribunal from proceeding with the hearing in his/her absence, whether or not any written submissions are made on his/her behalf. A copy of any such written submission will be sent by the ICCto the National Cricket Federationto which the Participantis affiliated without unnecessary delay after it is received.

5.1.10 The procedure to be followed at the hearing (including whether to convene a hearing or, alternatively, to determine the matter (or any part thereof) by way of written submissions alone) shall be at the discretion of the Chairman of the Anti-Corruption Tribunal, provided that the hearing is conducted in a manner that affords the Participant a fair and reasonable opportunity to present evidence (including the right to call and to question witnesses by telephone or video-conference where necessary), address the Anti-Corruption Tribunal, and present his/her case.

5.1.11 Save where the Chairman orders otherwise for good cause shown by either party, the hearing shall be in English, evidence shall be given in English (with the cost of any necessary translation borne by the party offering the evidence), and certified English translations shall be submitted of any non-English documents put before the Anti-Corruption Tribunal (with the cost of the translation borne by the party offering the documents). 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-Corruption Tribunal). The costs of such transcription shall be paid by the ICC, subject to any costs-shifting order that the Anti-Corruption Tribunalmay make further to Article 5.2.4.

5.1.12Notwithstanding any of the other provisions of this Anti-Corruption Code, at any time during the proceedings it shall be open to a Participantcharged with breach(es) of the Anti-Corruption Codeto admit the breach(es) charged, whether or not in exchange for an agreement with the ICCon the appropriate sanction to be imposed upon him/her in order to avoid the need for a hearing before the Anti-Corruption Tribunal. Any such discussions between the ICCand the Participantshall take place on a “without prejudice” basis and in such a manner that they shall not delay or in any other way interfere with the proceedings. Any resulting agreement shall be evidenced in writing, signed by both the ICC’s General Counseland the Participant, and shall set out the sanction imposed on the Participantfor his/her breach of the Anti-Corruption Code(the “Agreed Sanction”). In determining the Agreed Sanction the ICCwill have due regard to the range of sanctions set out in Article 6.2 for the offence(s) in question, but it shall not be bound to impose a sanction within that range where it reasonably considers (at its absolute discretion) that there is good reason to depart therefrom. Upon receipt of notice of the Agreed Sanction, the Anti-Corruption Tribunalshall discontinue the proceedings on the terms thereof without the need for any further hearing. Instead the ICC’s Chief Executive Officer(in consultation with the ICC’s General Counsel) shall promptly issue a public decision confirming the Participant's admission of the offence(s) charged and the imposition of the Agreed Sanction. Before issuing that public decision, the ICC’s Chief Executive Officerwill provide notice of it to the National Cricket Federationto which the Participantis affiliated*.*

5.2 Decisions of the Anti-Corruption Tribunal

5.2.1 The Anti-Corruption Tribunalshall announce its decision in writing, with reasons, as soon as possible after, and, in any event, within thirty (30) days of, the conclusion of the hearing. That written decision will set out and explain:

5.2.1.1with reasons, the Anti-Corruption Tribunal’s findings as to whether any offence(s) under the Anti-Corruption Codehas/have been committed;

5.2.1.2with reasons, the Anti-Corruption Tribunal’s findings as to what sanctions, if any, are to be imposed (including any fine and/or period of Ineligibility);

5.2.1.3with reasons, the date that such period of Ineligibilityshall commence pursuant to Article 6.4; and

5.2.1.4 the rights of appeal described in Article 7.

5.2.2The ICCwill provide theNational Cricket Federationto which the Participantis affiliated with a full written copy of the findings and decisions of the Anti-Corruption Tribunal(including any sanctions imposed by the Anti-Corruption Tribunal) at the same time as such decision is provided to the Participant and prior to publicly announcing such decision.

5.2.3The Anti-Corruption Tribunalshall 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 5.2.1 in cases where a Provisional Suspensionhas been imposed or where it otherwise deems appropriate. For the avoidance of doubt, however: (a) the Anti-Corruption Tribunal shall still be required to issue a written, reasoned decision in accordance with Article 5.2.1; and (b) the time to appeal pursuant to Article 7 shall not run until receipt of that written, reasoned decision. Notice of such decision will be provided by the ICCto the National Cricket Federationto which the Participantis affiliated without unnecessary delay following its announcement.

5.2.4The Anti-Corruption Tribunal has the power to make a costs order against any party to the hearing in respect of the costs of convening the Anti-Corruption Tribunaland of staging the hearing and/or in respect of the costs (legal, expert, travel, accommodation, translation or otherwise) incurred by the parties in relation to the proceedings where it deems fit (for example, but without limitation, where it considers that such party has acted spuriously, frivolously or otherwise in bad faith). If it does not exercise that power, the ICCshall pay the costs of convening the Anti-Corruption Tribunaland of staging the hearing, and each party shall bear its own costs (legal, expert, travel, accommodation, translation or otherwise).

5.2.5Subject only to the rights of appeal under Article 7, the Anti-Corruption Tribunal’s decision shall be the full, final and complete disposition of the matter and will be binding on all parties.