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Section M: General Terms and Conditions
23.1 - Powers of board and managers
Whenever any power under the rules is:
- vested in the board, it may be delegated to any subcommittee of the board, class committee or to the managers;
- conferred or imposed upon the managers, or is delegated to them under rule 23.1(1), it is exercisable by the managers, or by any authorised employee or agent.
Any power referred to in rule 23.1 is exercisable in the absolute discretion of the board, subcommittee, class committee or managers. The board and the managers are not required to give reasons for any decision or determination.
Whenever the managers’ agreement or approval is required by the rules, it must be given in writing, and no agreement or approval shall be of any effect in the absence of such written agreement.
23.4 - Disclosure
The club shall be entitled to give disclosure of information relating to the member’s business which has become known to the club where such disclosure is required by law, or any rule, regulation, order or direction of any authority or if necessary for the proper performance of the club’s or managers’ obligations.
24.1 - Notices
All notices and documents required by the rules to be given to the club or to the managers must be in writing and addressed to the managers.
All notices and documents required by the rules to be served on a member may be served as the managers decide either personally, or by post, fax or email to him:
- at his address as recorded by the managers; or
- at any other address he has notified the managers as being his address for service; or
- at any address of a broker or agent through whom any ship has been entered in the club.
Every notice and document served personally is deemed served on the day of service; if served by post, fax or email is deemed served on the second day after posting or sending. Proof of posting is sufficient proof of service by post, while the managers’ record of any electronic communication is sufficient proof of service by other means.
24.4 - Website
The managers may send or supply any notice or document to members by making it available on the club’s website, and it is deemed delivered when the relevant members are notified that it is available on the website.
24.5 - Personal data
Conditions relating to the sharing and processing of personal data between, by and/or on behalf of the club and the member pursuant to these rules are contained in a separate data sharing document available on the club’s website.
25.1 - Law and jurisdiction
All insured parties submit to the jurisdiction of the English courts in respect of any action brought by the club to recover any sums which the managers may consider to be due from an insured party. However the club is entitled to commence and maintain any action to recover any sums which the managers may consider to be due from an insured party in any jurisdiction.
If any other dispute between an insured party and the club arises out of or in connection with the rules, other than an issue referred to in rule 22.6, it must first be referred to the board notwithstanding that the board may have already considered the matter which has given rise to the dispute, and such reference shall be on written submissions only.
No insured party is entitled to maintain any legal proceedings against the club unless and until the matter has been submitted to the board and the board has given its decision.
If, after the dispute has been referred to the board in accordance with rule 25.2, an insured party does not accept the decision of the board, the parties will attempt to settle it by mediation in accordance with the CEDR model mediation procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. The mediation will take place in London and in English. The mediation agreement shall be governed by the substantive law of England. The English courts shall have exclusive jurisdiction to settle any claim, dispute or difference which may arise out of, or in connection with, the mediation.
If the dispute is not settled by mediation within 14 days of commencement of the mediation or within such further period as the parties may agree in writing, the dispute shall be referred to and finally resolved by arbitration in London before two arbitrators, one to be appointed by each of the parties, and an umpire to be appointed by the two arbitrators. The submission to arbitration and all the proceedings therein shall be subject to the Arbitration Act 1996 and any statutory modifications thereof.