"B. Lafferty" wrote:
> "Phil <phil@ .net >" <"no spam> wrote in message
> news:[email protected]...
> >> It's funny how you attack my use of the word procession when in fact it's
> > simply your way of trying to distract readers from the fact that you
> > didn't
> > know arbitration process is secret and that no evidence is disclosed to
> > anyone.
>
> Unless the parties agree to disclosure or the award so provides:
>
> R43
> Confidentiality
>
> Proceedings under these Procedural Rules are confidential. The
> parties, the arbitrators and the CAS undertake not to disclose to any third
> party any facts or other information relating to the dispute or the
> proceedings. Awards shall not be made public unless the award itself so
> provides or all parties agree.
>
> R59
> Award
>
> The award shall be rendered by a majority decision, or in the absence
> of a majority, by the President alone. It shall be written, dated and
> signed. The award shall state brief reasons. The signature of the President
> shall suffice......
>
> .........The award, a summary and/or a press release setting forth the
> results of the proceedings shall be made public by the CAS, unless both
> parties agree that they should remain confidential.
>
> And as you well know, the award is usually quite detailed in it's
> factual summary of the testimony/submissions of the experts. Thus the
> evidence is, as a practical matter, nearly always disclosed.
>
I said that. But you made it sound as if any reporter could go and peruse the
"evidence and exhibits." We cannot. The parties have to agree to give it to
us. And they never do.
I would be shocked if either party allowed any member of the public to see any
evidence after Tyler's trial. I cannot think of a single CAS case where the
actual evidence has been disclosed to the public.
The Rule you are citing is one I am well aware of. Which is why I stated I was
suprised you thought the proceedings were public domain where I would be able
to examine all the "evidence and exhibitis" and I quote, "to pick over to your
hearts [sic] content." Here is your complete quote I have pasted below, which
you wrote:
No one has to convince you of anything. But the arguments will be
made at
the CAS hearing by experts who will guide the arbitrators. They will
have a
record of the testimony and exhibits for you and all the other
ex-parte
experts to pick over to your hearts content after the hearing and
decision.
[quote from Brian Lafferty, who now is trying to deny he didn't know
the proceedings were secret]
Your quote states that it is up to me to "pick over the evidence." It is not,
and like I said, I am surprised that you didn't know the proceedings are secret
and that there will be no such evidence for anyone to pick over, let alone to
"my heart's content."
It's not up to me, but your original post indicates it was simply a given that
I will be allowed to do so.
Phil