The Football Association has agreed to take the Hammers' appeal against the striker's red card to a tribunal on Friday, with the club preferring not to take legal actionWest Ham on Friday over Andy Carroll's appeal against a red card.
Hammers co-chairman David Gold revealed on Thursday his intention to take legal action following the FA's decision to uphold the striker's dismissal following a clash with Swansea City defender Chico Flores on Saturday.
|WEST HAM LATEST
|8/1||Marco Borriello is 8/1 with PaddyPower to score the first goal in Aston Villa v West Ham|
The statement read: "West Ham are [on Friday] appearing before an FA Arbitral Tribunal in a challenge to the FA Regulatory Commission's decision relating to the three-match suspension of Andy Carroll.
"The club is concerned that the Regulatory Commission did not apply the correct test under the rule and denied the club procedural fairness.
"West Ham's complaint is made under the FA rules and the club shall accept and abide by the decision of the FA Arbitral Tribunal.
"The club has no intention of taking the issue to the courts but simply seeks a fair determination of its rights under the FA's rules."