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36 U.S.C. § 220529 — Arbitration of corporation determinations

Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 220529 — Arbitration of corporation determinations

**(a) Right to Review.—** A party aggrieved by a determination of the corporation under section 220527 or 220528 of this title may obtain review by the arbitration and mediation provider designated by the corporation under section 220522(a)(4). **(b) Procedure.—** (1) A demand for arbitration must be submitted within 30 days after the determination of the corporation. (2) On receipt of a demand for arbitration, the Association shall serve notice on the parties to the arbitration and on the corporation, and shall immediately proceed with arbitration according to the commercial rules of the Association in effect at the time the demand is filed, except that— (A) the arbitration panel shall consist of at least 3 arbitrators, unless the parties to the proceeding agree to a lesser number; (B) the arbitration hearing shall take place at a site selected by the Association, unless the parties to the proceeding agree to the use of another site; and (C) the arbitration hearing shall be open to the public. (3) A decision by the arbitrators shall be by majority vote unless the concurrence of all arbitrators is expressly required by the contesting parties. (4) Each party may be represented by counsel or by any other authorized representative at the arbitration proceeding. (5) The parties may offer any evidence they desire and shall produce any additional evidence the arbitrators believe is necessary to an understanding and determination of the dispute. The arbitrators shall be the sole judges of the relevancy and materiality of the evidence offered. Conformity to legal rules of evidence is not necessary. **(c) Settlement.—** The arbitrators may settle a dispute arising under this chapter before making a final award, if agreed to by the parties and achieved in a manner

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Source file: Laws/federal/codes/united-states-code/title-36/section-220529-arbitration-of-corporation-determinations--9216571b3f.md
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Source location: Title 36, Chapter 2205, § 220529; chapter-2205-united-states-olympic-and-paralympic-committee.md

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**(a) Right to Review.—** A party aggrieved by a determination of the corporation under section 220527 or 220528 of this title may obtain review by the arbitration and mediation provider designated by the corporation under section 220522(a)(4). **(b) Procedure.—** (1) A demand for arbitration must be submitted within 30 days after the determination of the corporation. (2) On receipt of a demand for arbitration, the Association shall serve notice on the parties to the arbitration and on the corporation, and shall immediately proceed with arbitration according to the commercial rules of the Association in effect at the time the demand is filed, except that— (A) the arbitration panel shall consist of at least 3 arbitrators, unless the parties to the proceeding agree to a lesser number; (B) the arbitration hearing shall take place at a site selected by the Association, unless the parties to the proceeding agree to the use of another site; and (C) the arbitration hearing shall be open to the public. (3) A decision by the arbitrators shall be by majority vote unless the concurrence of all arbitrators is expressly required by the contesting parties. (4) Each party may be represented by counsel or by any other authorized representative at the arbitration proceeding. (5) The parties may offer any evidence they desire and shall produce any additional evidence the arbitrators believe is necessary to an understanding and determination of the dispute. The arbitrators shall be the sole judges of the relevancy and materiality of the evidence offered. Conformity to legal rules of evidence is not necessary. **(c) Settlement.—** The arbitrators may settle a dispute arising under this chapter before making a final award, if agreed to by the parties and achieved in a manner not inconsistent with the constitution and bylaws of the corporation. **(d) Binding Nature of Decision.—** Final decision of the arbitrators is binding on the parties if the award is not inconsistent with the constitution and bylaws of the corporation. **(e) Reopening Hearings.—** (1) At any time before a final decision is made, the hearings may be reopened by the arbitrators on their own motion or on the motion of a party. (2) If the reopening is based on the motion of a party, and if the reopening would result in the arbitrators’ decision being delayed beyond the specific period agreed to at the beginning of the arbitration proceedings, all parties to the decision must agree to reopen the hearings.

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 220522 — Eligibility requirements

An amateur sports organization, a high-performance management organization, or a paralympic sports organization is eligible to be certified, or to continue to be certified, as a national governing body only if it— (1) is incorporated under the laws of a State of the United States or the District of Columbia as a not-for-profit corporation having as its purpose the advancement of amateur athletic competition; (2) has the managerial and financial capability to plan and execute its obligations, including the ability to provide and enforce required athlete protection policies and procedures; (3) submits— (A) an application, in the form required by the corporation, for certification as a national governing body; (B) a copy of its corporate charter and bylaws; and (C) any additional information considered necessary or appropriate by the corporation; (4) agrees to submit to binding arbitration in any controversy involving— (A) its certification as a national governing body, as provided for in [section 220529 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section220529&num=0&edition=prelim), upon demand of the corporation; and (B) the opportunity of any amateur athlete, coach, trainer, manager, administrator or official to participate in amateur athletic competition, upon demand of the corporation or any aggrieved amateur athlete, coach, trainer, manager, administrator or official, which arbitration under this paragraph shall be conducted in accordance with the standard commercial arbitration rules of an established major national provider of arbitration and mediation services based in the United States and designated by the corporation with the concurrence of the Athletes’ Advisory Council and the National Governing Bodie

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 220529 — Arbitration of corporation determina-

Page 318 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220529 shall send written notice, including a copy of the appli- cation, at least 30 days prior to the date of the hearing to all amateur sports organizations known to the cor- poration in that sport.’’ Subsec. (f)(4). Pub. L. 105–277, § 142(p)(6), substituted ‘‘title and notify such national governing body of such probation and of the actions needed to comply with such requirements.’’ for ‘‘title.’’ § 220529. Arbitration of corporation determina- tions (a) RIGHT TO REVIEW.—A party aggrieved by a determination of the corporation under section 220527 or 220528 of this title may obtain review by the arbitration and mediation provider des- ignated by the corporation under section 220522(a)(4). (b) PROCEDURE.—(1) A demand for arbitration must be submitted within 30 days after the de- termination of the corporation. (2) On receipt of a demand for arbitration, the Association shall serve notice on the parties to the arbitration and on the corporation, and shall immediately proceed with arbitration according to the commercial rules of the Association in ef- fect at the time the demand is filed, except that— (A) the arbitration panel shall consist of at least 3 arbitrators, unless the parties to the proceeding agree to a lesser number; (B) the arbitration hearing shall take place at a site selected by the Association, unless the parties to the proceeding agree to the use of another site; and (C) the arbitration hearing shall be open to the public. (3) A decision by the arbitrators shall be by majority vote unless the concurrence of all arbi- trators is expressly required by the contesting parties. (4) Each party may be represented by counsel or by any other

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