The West Indies Cricket Board (WICB) has scored another legal victory against the West Indies Players’ Association (WIPA) when a High Court judge recently reversed an almost US$1 million payment awarded to WIPA, during arbitration proceedings between both parties in 2011.
In reversing the decision, Justice Andrew Des Vignes presiding in the Port of Spain High Court said that the arbitrator had made several errors in law when interpreting a Memorandum of Understanding and Collecting Bargaining Agreement (MOU&CBA) from 2005, which governed how both parties negotiate with each other.
In a separate judgment in a similar lawsuit between WICB and WIPA, Justice Ricky Rahim, had ruled that the WICB cancellation of the agreements in September 2011 was lawful as both documents allowed for termination with reasonable notice.
The lawsuit before Justice De Vignes dealt specifically with the WICB’s alleged requirement to consult with WIPA before setting the schedule for the 2009/2010 cricket season.
In the arbitration proceedings before arbitrator Seenath Jairman SC, WIPA contended the Article VI of the MOU stated that the WICB could not come to decision on the schedule without the consultation and approval of WIPA.
In defense, WICB rebuffed their claims, while stating that WIPA had been consulted and they had raised no objections.
In his decision on Dec. 7, 2011, Jairam ruled in WIPA favor and ordered the WICB to pay WIPA, US$728,000 for loss of earning for a Four-Day Regional Tournament, 40 percent of its revenues for an additional Twenty20 match during the home series with South Africa in 2010, US$100,000 for loss of sponsorship opportunity as well as monies for WIPA’s legal fees for arbitration.
