For the purposes of this Regulation 9 the terms below shall have the following meanings assigned to them:
Career-Ending Injury means an injury to a Player which wholly and continually prevents him from participating in the Game and where no recovery to permit the Player to resume participating in the Game is foreseeable (for the avoidance of doubt, excluding death);
Catastrophic Injury means an injury to a Player which wholly and continually prevents him from participating in any and every occupation including the Game and where no recovery is foreseeable (for the avoidance of doubt, excluding death);
Emoluments means Guaranteed Payments less any amounts which are or will be received by a Player from his Primary Employer, if that Primary Employer is a Rugby Body or Club, during the Player’s period of incapacitation from playing the Game so as to represent the real economic loss in each case with respect to Guaranteed Payments;
Guaranteed Payments means the actual payments guaranteed to a Player (including for the avoidance of doubt payments guaranteed to a company holding a Player’s image rights in respect of a Player’s image rights) from the date of the injury by the Player’s Primary Employer (being a Rugby Body or Club), during the Relevant Period;
International Duty means representing, playing for, training and/or preparing with a senior National Representative Team and/or a National Squad;
Life Cover means the sum of £250,000 in the event of the death of a Player while on International Duty;
Medical Expenses means the actual cost of medical expenses incurred in treating an injury to a Player, excluding, without limitation, pioneering or alternative treatments, international travel for treatment other than travel to the Player’s home country and any other expenses above the ordinary cost of the necessary treatment. World Rugby will have the final decision in respect of any dispute in relation to the foregoing;
Permanent Total Disablement means a Career-Ending Injury and/or Catastrophic Injury; and “Permanently Totally Disabled” shall be construed accordingly;
Primary Employer means an employer for whom a Player is required, pursuant to a written agreement, to provide services for a minimum of 75% of his Working Time;
Relevant Costs and Expenses means the costs and expenses incurred by or on behalf of the Player, Club or Rugby Body during the Relevant Period including (but not limited to) all Emoluments and Medical Expenses;
Relevant Period means the period from the Player’s release from International Duty until seven days before the Player’s return to a matchday squad for his Club, up to a maximum of 12 months;
Temporary Total Disablement means an injury to a Player which temporarily and totally prevents him from participating in the Game but is not a Permanent Total Disablement; and “Temporarily Totally Disabled” shall be construed accordingly; and
Working Time means the total time a Player is available to provide services whether such services are provided to the Primary Employer or otherwise.
2. Liability for Players when on International Duty
2.1 Where a Player has been released pursuant to Regulation 9 the Union is responsible for and shall have in place appropriate financial arrangements or insurance to cover the Player and/or where applicable his Primary Employer in respect of losses and expenses incurred as a result of injury sustained when the Player is on International Duty subject to the limits set out in Section 3 hereunder.
2.2 The cover referred to in Section 2.1 above shall include Medical Expenses, loss of Emoluments, Temporary Total Disablement, Career-Ending Injury, Catastrophic Injury and Life Cover as a result of injury (or, in relation to Life Cover, death) sustained when the Player is on International Duty.
3. Minimum Cover
3.1 The minimum financial limits and the terms and conditions of the cover to be provided pursuant to Section 2 above will be agreed or specified by World Rugby from time to time but will not be less than:
(a) In the case of a Catastrophic Injury: £1 million sterling;
(b) Where a Player sustains a Career-Ending Injury and is aged on the date of the incident:
(i) 29 years of age or less; his Guaranteed Payments (save where such Guaranteed Payments are more than £500,000 sterling they shall be deemed to be £500,000 sterling);
(ii) between 30 and 32 years of age (inclusive); 66% of his Guaranteed Payments (save where such Guaranteed Payments are more than £500,000 sterling they shall be deemed to be £500,000 sterling);
(iii) 33 years of age and over; 33% of his Guaranteed Payments (save where such Guaranteed Payments are more than £500,000 sterling they shall be deemed to be £500,000 sterling);
(c) Where a Player is Temporarily Totally Disabled: his Guaranteed Payments (save where such Guaranteed Payments are more than £500,000 sterling they shall be deemed to be £500,000 sterling), on a pro-rata basis for the period of time during which he is unable to participate in the Game to a maximum of one year from the date of the injury, and ending 7 days prior to the date he is able to resume participating in the Game;
(d) Where a Player is Permanently Totally Disabled, the Union will first meet its obligation to reimburse the Primary Employer for all sums paid by the Primary Employer to the Player (including without limitation, reasonable costs arising from the termination of the Player’s contract) up to the relevant financial limits set out in paragraphs 3.1(a) and (b) above. The Union shall pay the balance of any such sums (up to the relevant financial limits) to the Player.
(e) Life Cover;
(f) The cost of any and all Medical Expenses.
4. A Union may but is not obliged to agree with a Player or where applicable his Primary Employer to provide greater or more extensive cover than the minimum provided for in Section 3.1 above.
5. In the event that a Union does not satisfy the requirements of this Appendix 3 World Rugby may take such action as it considers appropriate.
6. Collaborative claims process
6.1 The following collaborative claims process shall apply in respect of claims by a Rugby Body or Club (being the injured Player’s Primary Employer) against a Union pursuant to this Appendix 3:
(a) As required pursuant to Regulation 9.20, the Club or Rugby Body and the Union (as applicable) shall maintain a written record of each Player’s medical condition at the time of release by his Rugby Body or Club for International Duty, during the period of release and at the time the Player is released back to his Rugby Body or Club.
(b) If the Union declares pursuant to Regulation 9.20 that the Player is not fit to play at the time the Player is released back to his Rugby Body or Club, subject to any emergency medical treatment which needed to be taken by the Union in the best interests of the Player’s welfare, the responsibility for medical treatment shall rest with the Player’s Rugby Body or Club which shall consult with the Player’s Union about the proposed medical treatment and cost of the same.
(c) Where the Player is released by his Union to the Player’s Club or Rugby Body having been declared fit to play, the Player’s Club or Rugby Body shall notify the Union in writing as soon as reasonably practicable and in any event within 10 days of the conclusion of the Player’s International Duty if they believe any claim envisaged by this Appendix 3 is due, the nature of the claim, including, without limitation, anticipated medical treatment required and estimated Medical Expenses and other Relevant Costs and Expenses, to the extent known at that time;
(d) Where the Union does not agree with the Club or Rugby Body’s assessment of the medical treatment required and/or estimated and/or actual Medical Expenses and/or other Relevant Costs and Expenses, it shall notify the Rugby Body or Club within 30 days;
(e) The Rugby Body or Club and the Union shall hold a meeting (in person, by phone or using other meeting technology) within 7 days, facilitated (if requested by either party) by the World Rugby Chief Medical Officer, and shall, acting reasonably, seek to come to an agreement in respect of the medical treatment and estimated and/or actual Medical Expenses and/or other Relevant Costs and Expenses;
(f) In the absence of an agreement between the Rugby Body or Club and the Union in relation to the medical treatment and estimated and/or actual Medical Expenses and/or other Relevant Costs and Expenses being reached within 30 days of the meeting referred to in paragraph (e) above, the Club, Rugby Body or Union may refer the matter to the arbitration process set out in Section 7 below;
The Rugby Body or Club and Union shall follow the above process in (a) to (f) each time that the medical treatment and/or estimated and/or actual Medical Expenses and/or other Relevant Costs and Expenses materially change.
(g) The Union shall pay or procure the payment of undisputed Relevant Costs and Expenses upon production of corresponding proof of payment (such as invoices or receipts) within 30 days of receipt of such proof by the Union save in the case of treatment and/or recovery which extend(s) beyond three months from the date of the injury, in which case the Union shall pay or procure payment of undisputed Relevant Costs and Expenses on a quarterly basis to the Club or Rugby Body from the date of injury. For the avoidance of doubt, where Relevant Costs and Expenses are partially disputed, the Union shall remain obliged to pay or procure the payment of any undisputed amount of Relevant Costs and Expenses in accordance with the timeframes set out in this Section 6.1(g). Where a Union fails to make payments in a timely manner in accordance with this Section 6.1(g), the relevant Club or Rugby Body may notify World Rugby who shall, without prejudice to any other action under the Regulations, seek to liaise with the relevant Union in order to procure the payment of outstanding amounts to the Rugby Body or Club.
7. Arbitration Process
Where a Club or Rugby Body and a Union cannot come to agreement pursuant to the collaborative claims process set out in Section 6 above, the parties may either: (i) agree to a binding arbitration procedure which is acceptable to both parties; or (ii) failing such agreement shall refer the matter to the Judicial Panel Chairman who shall appoint an independent arbitrator (or arbitration panel) (“Arbitral Body”) as set out below:
(a) A Club, Rugby Body or Union may refer a matter to arbitration within 14 days of the expiry of the 30 day period set out in Section 6.1(g) above by notifying the other party and World Rugby. In order to be valid, the notice shall set out in writing the nature of the dispute, remedies sought and shall exhibit copies of relevant documents including, without limitation, proof of payment of amounts claimed where relevant. The notice and related documents shall be in English or translated by the relevant party into English.
(b) Upon receipt of a valid notice, World Rugby shall request the Judicial Panel Chairman to appoint an Arbitral Body to arbitrate the dispute. The venue and format of the arbitration hearing shall be at the discretion of the Arbitral Body, however, the seat of the arbitration shall be London, England, and the arbitration shall be subject to the World Rugby Regulations and Bye Laws including English law in accordance with Bye Law 15.
(c) A single arbitrator shall be a lawyer, and if an arbitration panel is appointed it shall ordinarily comprise three members, being at least one lawyer (who shall be the chair), one medical practitioner and a third member from either category. There shall be no requirement that the members of the Arbitral Body come from a neutral country to the Union, Rugby Body and/or Club however they shall be independent of the parties.
(d) The Arbitral Body will be able to regulate its proceedings as it sees fit and apply the general rules of evidence as are applied to Disciplinary Tribunals set out in Regulation 18, Appendix 1.
(e) Without limitation to its powers as set out in Regulation 18, the Arbitral Body shall have the power to order a payment from one party to the other to settle the amount of Relevant Costs and Expenses. Any failure to comply with an order imposed by an Arbitral Body shall be equivalent to a breach of a Regulation in addition to any other action which may arise therefrom.
(f) The Arbitral Body shall be entitled to recover its costs (including for the avoidance of doubt a reasonable fee for the members of the Arbitral Body). The Arbitral Body shall be entitled to make an order for costs in any proportion against the parties as it sees fit.
(g) World Rugby shall be entitled to be represented at every arbitration where the Arbitral Body is appointed by the Judicial Panel Chairman under this Section 7 and to make submissions.
(h) The decision of the Arbitral Body shall be final and not subject to appeal to any court or other body, save to the extent required pursuant to the Arbitration Act 1996.