Forum: Protest Committee & Hearing Procedures

Appendix T - Arbitration

Bob Scott
If, after the arbitration meeting (T2) the arbitrator's opinion is that a boat or boats is likely to have broken a rule [T3(c)], may a boat decline all of the meeting outcomes [T4] and request a hearing or does she need to accept T4(a) and then file an appeal?
Created: Today 20:27

Comments

Format:
Eric Rimkus
Nationality: United States
Final sentence has your answer…

“Unless all protests involving the incident are withdrawn, a protest hearing will be held.”
Created: Today 20:39
Clark Chapin
Eric, you beat me and JP to it.
Created: Today 20:41
Bob Scott
Thanks Eric and all.
Created: Today 20:44
Clark Chapin
The last sentence of T4 says:
"Unless all protests involving the incident are withdrawn, a protest hearing will be held."
Created: Today 20:39
John Porter
Nationality: United States
The end of T4 is clear. "Unless all protests involving the incident are withdrawn, a protest hearing will be held." 

If a boat declines to take the penalty recommended, it goes to a full hearing. If the boat takes the penalty, but the protestor doesn't withdraw, it goes to a hearing. Now, if the protestor doesn't want the lesser penalty, you can point out that a permitted outcome is that the arbitration penalty was an appropriate penalty and you cannot "force" a DSQ because you don't like it, most of these will be withdrawn. 

Of course, if things are on the border of damage or serious damage, the full committee could determine it was serious damage and the post-race penalty does not apply. 
Created: Today 20:40
P
Michael Butterfield
There can be no appeal from an arbitration. Generally a voulantary penalty is taken, and the protest withdrawn, so there is no decision to appeal.

You may always refuse the arbitrators decision and ask for a hearing. 

Indeed you can accept a post race penalty, and still ask for a hearing 
Created: Today 20:57
P
John Allan
Nationality: Australia
Bob Scott  '  the arbitrator's opinion is that a boat or boats is likely to have broken a rule [T3(c)], '

That's not the correct way for an arbitrator to express their opinion.  The Arbitrators opinion can be:

'[Based on what you have tole me] A protest committee hearing the protest is likely to:
  • Close the hearing because the protest is invalid;
  • Penalise Boat A/Boat B/Both Boats;
  • Dismiss the protest
  • Arbitration is not appropriate and the protest will proceed to a hearing.'

It is important that the Arbitrator does not mention any rule, as this may 'tip the hand' of the protest committee and unfairly assist one or other party in preparing for the hearing.

In my experience, when the opinion is other than to penalise a boat, it is still useful to ask the parties if either party wants to take a PRP, and (except in the case of serious damage or sportsmanship concerns) ask the protestor if they want to withdraw the protest.  Having heard the other party's description of the incident a party may re-assess the strength of their case and make that decision.
Created: Today 21:24
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