Revue - Les Cahiers de l'Arbitrage N°1 - 2024 - 178

SPÉCIAL « ARBITRAGE ET JEUX OLYMPIQUES »
(now World Rugby) arose out of a disputed try. The Unions of Ireland, Scotland
and Wales proposed that a neutral board should agree upon and govern the rules
of rugby football, where previously the Rugby Football Union, the first and oldest
Union had set the laws. They joined the IRFB in 1890, New Zealand, South Africa
and Australia became Member Unions in 1949 but it would be a further 29 years
before France became the eighth Member of the IRFB. The introduction of a Rugby
World Cup in 1987 was the catalyst for the Game spreading across the world and
membership has grown significantly, currently standing at 132 Member Unions
representing over 10 million players.
In its evolution since that 19th
Century start to modern times, World Rugby has
created its own independent court structure to manage the implementation of its
Regulations. This court operates within quick timelines during normal times and
within a super-expedited timeframe during a tournament like a Rugby World Cup
or a World Championships. In the latter case, an ad hoc court structure is employed
on site to aid expedition. The World Rugby Regulations cover all matters relating to
the proper governance and administration of the sport including, inter alia, eligibility
and sporting nationality, advertising around the playing pitch, technical equipment
specifications, betting and anti-corruption, agents, anti-doping, player release and
conduct: both on-field and off-field. In tandem, the World Rugby Bye-Laws deal
with the governance structure of the organisation, the establishment of committees,
their roles, powers and responsibilities, while the Laws of the Game deal entirely
with on-field matters including the rules of the sport and prohibitions on foul play.
This paper focuses on that independent court structure (Regulation 20) as
applied in the disciplinary context dealing with on-field foul play matters. The
World Rugby Disciplinary Regime (Regulation 17) is a bespoke system that is
mirrored in its Member Unions and by Tournament Organisers as a mandatory
system over which World Rugby maintains oversight. While there are differences
in approach at the operational level in different countries or regions, largely due to
geographical considerations, the fundamental process, threshold tests, procedures
and sanctions are all the same and apply universally.
2. The Judicial Structure
Independence, neutrality and expertise are core requirements for appointees
who bear judicial responsibilities on behalf of the World Rugby. By extension
World Rugby member Unions are mandated to emulate this fundamental tenet in all
appropriate areas of their domestic processes. The core World Rugby Regulations
dealing with disciplinary and judicial matters set out the foundation structure
supporting the appointment of independent judicial personnel. The functions and
powers of the independent judiciary and the general principles which they should
apply in the course of their appointment and the exercise of their duties are also
set out. Notwithstanding this, they retain a high degree of discretion in the exercise
of those powers. 4
While long a feature of World Rugby Regulations, the present
judicial structure was put in place in 1995 as the Game turned professional.
4. See World Rugby Regulation 20: https://www.world.rugby/organisation/governance/regulations/
reg-20
176
The Paris Journal of International Arbitration 2024‑1

https://www.world.rugby/organisation/governance/regulations/

Revue - Les Cahiers de l'Arbitrage N°1 - 2024

Table des matières de la publication Revue - Les Cahiers de l'Arbitrage N°1 - 2024