| ARTICLE 23 - INTERNATIONAL COURT OF APPEAL |
| 1. Missions: The International Court of Appeal (ICA) shall be entrusted with judging definitively any dispute or conflict resulting from the application of the present Statutes, of the Statutes of the body governed by Swiss law or of the rules decreed by the FIA, with settling any dispute of a sporting nature arising between members of the FIA, and with hearing any litigation of a sporting nature which may be submitted to it by the President of the FIA. It will also hear: 1) Appeals brought by members of the FIA from decisions taken by the bodies of the FIA in application of the present Statutes (affiliations, striking off the rolls, sanctions, etc.). 2) Appeals from decisions of the National Sporting Authorities or their judicial bodies, subject always to the provisions set out in the first paragraph of Article 180 of the International Sporting Code. Appeals by organisers, competitors, drivers or other licence-holders may be brought only by the National Sporting Authorities to which they belong. 3) Appeals from decisions of the stewards of the meeting where the parties concerned have jointly decided to submit the appeal not to the National Court of Appeal of the country of the event but directly to the International Court of Appeal with the assistance and agreement of their respective National Sporting Authorities. 4) Appeals from decisions of the stewards of the meeting, lodged by at least one of the parties concerned, in the context of an event of a major FIA Championship, the list of these Championships being updated periodically by the World Motor Sport Council. In this case, the ASNs cannot refuse to give their assistance and agreement. 5) Appeals brought by National Sporting Authorities on behalf of organisers, competitors, drivers, other licence-holders or any other person or organisation which has been the subject of a sanction pronounced by the World Motor Sport Council. 6) Appeals brought by the FIA, under the authority of its President: - from decisions of the stewards of the meeting at events counting towards the FIA championships, - from decisions of the ASNs or of their judicial authorities. Arbitrational competence: Two or more FIA affiliated members wishing to have their disputes of a sporting or statutory nature definitively settled through arbitration may request the FIA President to refer the matter to the ICA. Consultative competence: The President of the FIA may also refer a matter to the ICA in order to obtain a non-binding interpretation regarding the application of the sporting or statutory rules enacted by the FIA. In order to reach an informed interpretation, the ICA may call upon any expert, witness, or person showing proof of relevant and recognised experience. 2. Composition: The ICA shall comprise a maximum of 18 Titular Members of different nationalities to whom are added an equivalent number of Deputy Members of the same nationalities as the Titular Members. 3. Secretary General of the International Court of Appeal: A Secretary General of the ICA, shall be elected for 4 years by the General Assembly on proposal of the Congress of the ICA. The Secretary General of the ICA, whose role and remit are described in the Rules of the FIA ICA, shall each year submit a report to the General Assembly on the activities of the ICA. 4. The Counsel to the ICA: A Counsel to the ICA shall be elected for 4 years by the General Assembly on proposal of the Congress of the International Court of Appeal. The Counsel whose role and remit are described in the Rules of the ICA shall assist the ICA in an exclusively advisory role. 5. Congress: The Congress of the ICA shall comprise the 18 Titular Members and have the following remit: • It elects from among its members a President and a Vice-President for a one-year term. • It may propose amendments to the Rules of the FIA International Court of Appeal, for decision by the FIA General Assembly. • It proposes the Secretary General ofthe ICA for election by the FIA General Assembly for a four-year term. • It proposes the Counsel of the ICA for election by the FIA General Assembly for a four-year term. • It reviews the functioning of the ICA. • It examines any grounds for complaint against Members or Deputy Members who are alleged not to have complied with the obligations of Article 5 of the Rules of the FIA ICA. The functioning of the Congress is described in the Rules of the ICA. 6. Procedure and Hearings of the ICA: The procedure and the hearings must take place in accordance with the conditions set out in the Rules of the ICA. |