THE West Indies Players’ Association (WIPA) and the West Indies Cricket Board (WICB) have exchanged another set of verbal blows.
In response to accusations from the WICB that it had turned down an offer from the International Cricket Council (ICC) and the Federation of International Cricketers’ Associations (FICA),
WIPA said there had been no need for it to accept the offer to solve an impasse over image rights when there was already an agreement in place to do so.
The players’ body said that under the New York Agreement struck last October, both parties had already settled on special binding arbitrations for solving the contentious issues which have rocked the Caribbean’s premier sport in recent years.Both agreed“Mindful of the acceptance of the recommendations of the CARICOM Prime-Ministerial sub-committee on cricket of September 11, 2009, by both WIPA and the WICB [under] the agreement brokered by CARICOM and the New York Agreement, the WICB and WIPA agreed to two special binding arbitrations which are due to be heard shortly before a panel of distinguished Caribbean jurists,” a WIPA release said.
“WIPA fully respects and is willing to submit to the decision of the arbitration panel appointed by CARICOM, win or lose. It appears that the WICB is having second thoughts.
“WIPA does not intend to breach these agreements to go to non-binding negotiations/mediation with the ICC and FICA.”Referring to the bitter impasse last year that saw the top players on the sidelines, WIPA argued that mediation had been tried then under Sir Shridath Ramphal and had failed.
WIPA, therefore, said it had conveyed their position on non-binding mediation to both the ICC and FICA who had “understood and respected WIPA’s view” on the matter.Would welcome it“However, WIPA did inform the ICC and FICA that it would be happy to have their assistance with a number of other outstanding matters,” the players’ body said.
In a counter response yesterday, the WICB said the the joint ICC/FICA proposal was not meant to supersede or replace the CARICOM-initiated arbitration.
The board contended it was meant to run parallel to it and WIPA was fully aware of this as communicated to it by both FICA and ICC.
“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,” the WICB said.Made clear“It was made very clear that if the framework was not accepted then the process of arbitration would continue.” Â
The WICB argued that for an arbitration to be deemed binding, the parties must agree that they would be bound by the judgement.
Similarly, the WICB added, 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 said.
“For the avoidance of any doubt, the WICB remains 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 attached 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.” (HG/CMC)
