WICB claims WIPA misinformation Guardian
Published: 25 Aug 2010
The West Indies Cricket Board (WICB) yesterday accused the West Indies Players Association (WIPA) of misinformation and stymieing the arbitration process, in its bid to settle the matters of players’ image rights. On Saturday, the WICB questioned WIPA’s rejection of the offer by the International Cricket Council (ICC) and the Federation of International Cricketers Association (FICA) to help facilitate a final resolution to the matter which is currently the subject of arbitration. The Board also called on the players’ body to act in the best interest of the game by dealing in a fair and balanced manner and to avoid an antagonistic approach to resolving the issue.
In its response, WIPA referred to an agreement between both parties last October, and the recommendations of the Caricom Prime Ministerial Sub-Committee last September and said it was willing to submit to the decision of the panel appointed by Caricom. It said the Board appeared to be having second thoughts on the agreement. The WICB release yesterday said the joint ICC/FICA proposal was not meant to supersede or replace the CARICOM initiated arbitration. “It was meant to run parallel to it and WIPA was fully aware of this as communicated to it by both FICA and ICC.” It further noted that the joint ICC/FICA proposal would have offered a framework – based on how other ICC full members had resolved similar issues to the satisfaction of all parties—for settling the specific issue of image rights and intellectual property. “It was made very clear that if the framework was not accepted then the process of arbitration would continue.” It continued: “For an arbitration to be deemed binding, the parties – in this case WICB and WIPA – must agree that they would be bound by the judgment.
Similarly, had WIPA not rejected the joint ICC/FICA proposal and along with the WICB, agree to be bound by the decisions therein, it would have been binding on both parties. For WIPA to skew the facts to suggest that the joint ICC/FICA intervention could not have led to a binding agreement is disingenuous.” The WICB release noted the Board remained fully committed to the arbitration process. “In fact, further to the CARICOM Agreement both parties—through the New York Agreement—agreed on the details of the way forward for the arbitration process. The New York Agreement clearly states that the process would have been completed by December 2009. In this regard, WIPA’s procrastination has resulted in WIPA being in breach of the New York Agreement. “Therefore WICB also notes, with interest, WIPA’s assertion that the arbitration is “due to be heard shortly before a panel of distinguished Caribbean jurists.”
The Board said it was taken aback by this statement as it was not aware that a date was set for the arbitration hearing. “The truth is WIPA’s delaying tactics stymied any chance of an agreement—by the December 2009 date as outlined in the New York Agreement—on the terms of reference for the arbitration.” It said the WICB has been at pains to seek WIPA’s agreement on a meeting of both parties to progress the matter, but WIPA has been non-committal. “Critically, the WICB is proud of the fact that it has honoured every single commitment in the New York Agreement. The WICB said it had paid the legal fees as agreed and has paid the US $450,000 of which Dinanath Ramnarine received US$150,000. “WICB has paid all injury payments to players and has signed retainer contracts as of October 2009 to September 30, 2010 in accordance with the player rankings. The WICB called on WIPA to work together for the good of West Indies cricket.
