In my view, a further issue arises from a point made by Mr Moynihan QC on behalf of the SPFL about the disciplinary process and the potential sanctions applicable to SFA members. I was taken to the SFA’s Judicial Panel Protocol and shown a provision which applies where a member or an associated person takes a dispute, which is referable to arbitration in terms of Article 99, to a court of law, in circumstances other than those expressly provided by the terms of Article 99. The provision refers to penalties of up to £1,000,000 and/or suspension or termination of the club’s membership of the SFA being imposed if a court action is raised. In my opinion, the existence of that potential penalty (which includes expulsion or as Mr Moynihan put it, being put “out of the game”) is a factor which requires to be considered when analysing the lawfulness or otherwise of Article 99.15.