SPORT DISPUTE RESOLUTION CENTRE OF CANADA
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Dispute Resolution Secretariat (Tribunal)

Complaint Process

To maintain high quality dispute resolution services, so that parties, the sport community, and the general public can have confidence in its processes, the SDRCC has developed a procedure for the investigation and resolution of complaints about its arbitrators, mediators or resolution facilitators ("DR service providers").

The SDRCC Complaint Process is intended as an administrative procedure to improve, as required, the case management process or to investigate any alleged breach of professionalism by the DR service providers (e.g. gross incompetence, misconduct, bias). It is not intended to review, change or overturn the decisions rendered by arbitrators.

1. Admissible Complaints

The SDRCC will accept only complaints filed by one of the parties (claimant, respondent, or affected parties) to a dispute resolution process, concerning DR service providers having conducted such process under the jurisdiction of the SDRCC:

  • once that dispute resolution process has been completed. For example, this means that the arbitrator’s jurisdiction must have come to an end before the complaint will be processed; and
  • if that dispute resolution process is not subject to appeal or judicial review by any party.

The SDRCC will not accept:

  • complaints limited to the outcome of the decision (trying to overturn or re-do an arbitration or mediation or substitute for an appeal);
  • complaints that request remedies that only the court could provide such as requests for new hearings or removal of a DR service provider; or
  • frivolous, patently trivial, vexatious, repetitive or abusive complaints.

2. Procedure to Follow to File a Complaint

Only written Complaints filed using the Complaint form, as found in the Related Download section, will be accepted.

The Complaint must provide the name of the DR service provider who is the object of the Complaint, together with the relevant dates and information about the dispute resolution process at the origin of the Complaint. The Complaint must also make specific allegations and provide any information available in support of the allegations so that they can be fully investigated.

The Complaint form must be signed by the Complainant and sent to the Executive Director of the SDRCC.

The Complaint shall be submitted within 45 days following the completion of the dispute resolution process (see the Policy for possible exceptions to this condition).

3. Possible Outcomes

The decision of the SDRCC Complaints Committee shall be the final decision on the Complaint. Outcomes will depend on the facts and circumstances of each case.

If the Executive Director of the SDRCC, the independent investigator, or the Complaints Committee find that a complaint is ineligible, frivolous or unsubstantiated, the Complainant will receive a response outlining the conclusions.

If the Committee finds that a Complaint is substantiated and that the SDRCC case management procedures can be improved, a recommendation to that effect will be made to the Executive Director of the SDRCC.

If the Committee finds that a Complaint is substantiated and that a DR service provider breached rules of professional conduct, the outcome may include remediation, a simple warning or reprimand, training, review, observation, or a temporary or permanent removal of the DR service provider from the SDRCC list of arbitrators, mediators and resolution facilitators.