Soca Warriors get big bucks.
By: Francis Joseph (Guardian).[/size]
British arbitrator Ian Mill, QC, ruled yesterday that 16 members of the Trinidad and Tobago World Cup squad are entitled to 50 per cent of the net profits Trinidad and Tobago Football Federation (TTFF) derived from the Road to Germany 2006 campaign.
The question for determination now is how much is 50 per cent of the net profits?
In a 30-page judgment delivered yesterday, Mill detailed the dispute between the players and the TTFF, which had its genesis in 2004, when T&T began the World Cup journey to Germany.
The players had originally agreed to 30 per cent of the net profits, but that was changed to 50 per cent after meetings with the TTFF and its special adviser, Jack Warner.
According to Mill, the 50 per cent was finally agreed upon on June 12, 2006. Mill stated:
“It seems to me that the applicants (players) have done enough to raise a case for the TTFF to answer in this respect. I therefore find, not without some hesitation, that Mr Warner did promise on June 12, 2006, to increase the players’ share under the commercial revenues sharing agreement from 30 per cent to 50 per cent, in order to obtain ‘practical benefits’ for the TTFF, and that therefore, that promise was, and is, legally binding on the TTFF.”
The arbitration hearing was held between April 28 and 30 in the London Headquarters of the Sports Dispute Resolution Panel.
Now that the arbitrator has determined that the players are entitled to 50 per cent of the net profits, the next step for the arbitrator is to determine what figure should be paid out.
A case management hearing will take place in London in June, when dates will be set for the trial some time later this year.
Both parties agreed that the arbitration hearings will be in private, and no one is allowed to disclose the contents of the proceedings and/or the judgment.
In his judgment, Mill said he was disappointed that neither Warner nor the TTFF secretary Richard Groden appeared during the hearing in April.
The arbitrator indicated in his judgment that he hoped the TTFF would provide a proper account of the monies received to the players.
“Obviously, I hope that the effect of this decision will be that a proper account will expeditiously be rendered, together with the payments shown as due by that account and sufficient inspection of the TTFF’s records to enable the applicants reasonably to be satisfied that they have received that to which they are entitled.
“In that context, I should observe that any agreement entered into prior to qualification for the World Cup Finals, but which resulted in revenues accruing to the TTFF in consequence of qualifying, should be disclosed by the TTFF to the applicants.”
The players argued that the T&T Government published a figure of $173 million which the TTFF supposedly received during the campaign, but the TTFF disputed this, saying the figure was much less.
During the hearings in London, four players gave oral evidence before the arbitrator: goalkeepers Shaka Hislop and Kelvin Jack, defender Brent Sancho, and striker Stern John.
The 16 players who took the TTFF to arbitration were: Marvin Andrews, Christopher Birchall, Atiba Charles, Cyd Gray, Ian Cox, Cornell Glen, Shaka Hislop, Avery John, Stern John, Kenwyne Jones, Kelvin Jack, Collin Samuel, Brent Sancho, Aurtis Whitley, Evans Wise and Anthony Wolfe.
Representing the players were British attorneys Rupert Butler and Mike Townley, while Englishman William Mc-Commick, assisted by Trinidad lawyers Om Lalla and Kelvin Ramkissoon, appeared for the TTFF.
The impasse started in the Port-of-Spain High Court last year, but the TTFF took the preliminary point that this matter was not suitable for litigation.
The Federation asked for the matter to be stayed and resolved by an arbitrator. The arbitration proceedings were then filed in London on October 4.
The players contended that after TT defeated Bahrain 2-1 on aggregate to qualify for the World Cup Finals, the TTFF received US$5.6 million from FIFA.
As a result, the players argued that there was an inevitable commercial spin, in that sponsors paid large sums of money to be associated with any of the teams reaching the finals.
)
IAN MILL, QC
...delivered judgment