Part G:
9.12. The application must be in the form required under this PD at Art. 4.15 and set out in full the grounds for requesting the National Court itself to instigate an Investigatory Hearing and should be supported by any relevant documentary or other evidence.
9.13. If so directed by the National Court the parties to the Application shall furnish to the National Court for transmission to the other parties all documentation then and at any time in the possession of the parties relating to the specific Event out of which the issue is stated to have arisen and if necessary the National Court may amend any relevant time-limit or timetable until this requirement has been complied with.
9.14. Correctly lodged applications will be considered by the National Court acting by a panel of three of the nominated Chairs. Any application considered by the National Court shall be deemed correctly lodged.
9.15. The ASN will be asked by the National Court to set out the process that has been followed in dealing with the issue in question and the reasons for the non-referral to the National Court by the ASN. This will be disclosed to the Applicant except in exceptional circumstances as determined exclusively by the National Court.
9.16. The National Court will consider the application by way of written submissions but the National Court has the authority to call an oral Hearing should it consider it appropriate to do so and the parties( including the ASN) may be represented at such a Hearing in accordance with the relevant provisions of this PD. Written submissions shall be exchanged and disclosed. The National Court may facilitate additional submissions as it sees fit.
9.17. Applications will only proceed to an Investigatory Hearing of the National Court( and the Application Fee returned) where the National Court is fully satisfied that any reasonable tribunal properly advised would have considered it appropriate to refer the issue to the National Court and that the holding of an investigatory Hearing would clearly be in the best interests of the sport.
9.18. If an application is considered by the National Court to satisfy the above criteria then a Hearing into the issue will be arranged under a National Court Chair who shall be legally qualified. For the avoidance of doubt it should be noted that an application under this Part 2 shall not in any way determine the substance of the issue itself which shall be reserved to any Investigatory Hearing.
9.19. Any Decision to hold an Investigatory Hearing under this Part 2 should not be taken by any party as any indication as to the possible findings and outcome of that Hearing.
9.20. If an application is considered by the National Court to be frivolous or vexatious, the National Court may make an order for costs in favour of the ASN on an indemnity basis.
9.21. The National Court has discretion as to the procedure it adopts for the purposes of any Investigatory Hearing under this Part 2.
10. Arbitration
10.1. The National Court is empowered at its sole discretion to provide binding Arbitration between Competitors, Clubs and other ASN Recognised bodies, and one another on any matter directly connected with Motor Sport. This arbitration can be requested by those concerned or initiated by the ASN but may only proceed with the consent of all parties. Liability for the costs of the arbitration may be ordered by the Court which is also empowered to make such Order in respect of the terms of the Arbitration as they think fit. Any party requesting arbitration must pay a non-refundable fee as detailed in Ch. 1 App. 2.
Motorsport UK 2025 National Competition Rules Version 11
Chapter 2 Appendix 7- National Court Practice Direction 86