226. Procedure of the Appeals Panel - full merits review
(1) Upon receipt of a notice of a reference falling within the jurisdiction of the Appeals Panel, the President of the Appeals Panel shall, without undue delay, subject to section 227, select a sub-panel of at least three members, one of whom may be its Chair, to exercise the powers and perform the functions of the Appeals Panel to hear and determine the reference.
(2) The Appeals Panel may make rules of procedure governing the commencement, hearing and determination of any appeal under this Chapter, including rules as to—
(b) the manner in which the Appeals Panel's powers may be exercised, having regard the limits of the Appeal Panel's jurisdiction;
(c) the manner in which conflicts of interest of members of the Appeals Panel (or any sub-panel (as the case may be)) may be prevented;
(d) the manner in which an Appeals Panel appointed expert may provide assistance to the Appeals Panel;
(e) notification to the Chief Executive of an application for judicial review of a decision of the Appeals Panel (or sub-panel (as the case may be)) to the Court of First Instance pursuant to the Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015; and
(f) whether, and if so, the manner in which, the Chief Executive may appear and be heard in an appeal before the Appeals Panel.
(3) For the purposes of a reference made under subsection (1), the President of the Appeals Panel or the head of a sub-panel established pursuant to subsection (1)—
(a) may appoint one or more persons, who shall be independent and an expert in their field, to assist the Appeals Panel (or sub-panel (as the case may be)) in deciding any of the issues arising in the reference, including assistance in the examination of the parties' witnesses; and
(b) shall provide the parties with an opportunity to make submissions on the expert's assistance and shall record in its decision the issues on, and the extent to, which such assistance was relied upon by the Appeals Panel (or sub-panel as the case may be).
(4) Proceedings before the Appeals Panel shall be determined on a balance of probabilities.
(5) A decision of the Appeals Panel may be taken by a majority.
(6) An application for judicial review of a decision of the Appeals Panel may be made to the ADGM Court of First Instance on the grounds that the decision is wrong in law or is in excess of the Appeal Panel's jurisdiction.
(7) Subject to subsection (1), the Regulator must act in accordance with the determination of, and any direction given by, the Appeals Panel.
(8) A certificate that purports to be signed by the President or officer of the Appeals Panel and which states that the Appeals Panel on a specified day made a specified determination or made a specified finding of fact, is in any proceedings before the Court, where relevant —
(a) conclusive evidence of the determination of the Appeals Panel made on that day; and
(b) prima facie evidence of the relevant finding of fact.
|Amended on (30 December, 2021).|