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Final Award Sarwan

Final Award Sarwan

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Published by ryanaraine

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Published by: ryanaraine on Sep 11, 2012
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09/12/2012

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REPUBLIC OF TRINIDAD AND TOBAGOIN THE MATTER OF AN ARBITRATION UNDER THE ARBITRATION ACT CHAP 5:01ANDIN THE MATTER OF AN ARBITRATION BETWEEN THE WEST INDIES PLAYERS ASSOCIATION
(“WIPA”) AND THE WEST INDIES CRICKET BOARD (“WICB”) IN ACCORDANCE WITH THE
DISPUTE RESOLUTION PROCESS CONTAINED IN ARTICLE XI OF THE CBAANDIN THE MATTER OF A JOINT LETTER OF REFERRAL DATED MARCH 29, 2011 BETWEEN THEWIPA AND WICB CONCERNING RAMNARESH SARWANBETWEENRAMNARESH SARWANComplainant/ClaimantANDTHE WEST INDIES CRICKET BOARDRespondentFINAL AWARD
[1.0] I, SEENATH JAIRAM, S.C., LL.M was appointed arbitrator by a joint letter dated March 29,
2011 from the Claimant‟s representative, West Indies Players‟ Association (“WIPA”) and theRespondent, West Indies Cricket Board (“WICB or “the Respondent”). The said
letter wassigned by Dr. Ernest Hilaire, Chief Executive Officer on behalf of the WICB and by Mr.
Dinanath Ramnarine on behalf of WIPA. Thereafter, with the parties‟ consent I issued draft
directions for consideration by the parties at the first hearing/preliminary meeting nextmentioned.
Mr. Ramnaresh Sarwan is referred to as “Ramnaresh Sarwan”, “Mr. Sarwan”,“the Complainant”, “the Claimant”, “the player” or “the cricketer” herein. In this award where
emphasis is placed, it is mine and I have done so to show that I have paid special attentionto the particular words.
 
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[1.1] On May 3, 2011 following a directions hearing at which the parties were represented byCounsel, I issued a number of directions regarding pleadings and other matters.[1.2] Subsequently, I had email communications with the parties and their respective Counsel. As a consequence, a further directions hearing was held on July 6, 2011 when I issuedFurther Directions.[1.3] I continued communicating with the parties and their Counsel by email and the Terms of  Appointment and matters connected therewith were agreed in writing on September 5,2011 with retroactive effect from March 29, 2011.[1.4] There was also a directions hearing on September 2, 2011 when further directions wereissued and dates for hearing which were fixed on July 6, 2011 were confirmed onSeptember 2, 2011 but had to be adjourned due to the unavailability of a witness of one of the parties.[1.5] As a result of the earlier directions which I gave, WIPA submitted its Points of Claim withsupporting documents on June 3, 2011. On July 14, 2011 WICB submitted its Points of Defence and supporting documents. Subsequent to the Points of Defence, WIPA, on August 5, 2011 submitted its Points of Reply and supporting documents.[1.6] I had also ordered that the parties submit a Statement of Agreed Facts and Skeleton Arguments (in point form) together with supporting authorities, etc but they failed to comply.The parties were also directed to prepare and submit an Agreed Bundle of Documents butthis too was not supplied.[1.7] Pursuant to my directions I received one (1) witness statement from WIPA from Mr.Ramnaresh Sarwan, a professional cricketer dated September 9, 2011. On behalf of the
 
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WICB, I received a witness statement from Mr. Clyde Butts, Chairman of Selectors for theWICB dated September 8, 2011.[1.8] On September 12, 2011 the hearing of this matter commenced and concluded at the
Caribbean Court of Justice Building (“CCJ”) in Port of Sp
ain. Mr. Sarwan testified on behalf of the Claimant and Mr. Clyde Butts testified on behalf of the WICB. Mr. Sarwan wasattending a WICB training camp in Barbados and testified via video link. He was examinedin chief by Ms. Donna Symmonds, Counsel for the Claimant; there was no re-examination.Mr. Sarwan was also re-examined by Ms. Symmonds. Mr. Butts was examined in chief byMr. Derek Ali, Counsel for WICB and cross-examined by Ms. Donna Symmonds, Counselfor the Claimant; there was no re-examination. I had asked a number of questions of Mr.Butts and Mr. Sarwan on matters requiring clarification and thereafter invited Counsel tocross-examine on the answers provided by Mr. Butts and Mr. Sarwan. With their usualalacrity, both Counsel asked further questions. This was of course in the interest of fairness or natural justice.[1.9] At the close of the evidence I invited both sides to make oral submissions which was againembraced by both sides. These oral submissions were supplemented by writtensubmissions. In the case of WIPA, by written submissions dated September 27, 2011 andin the case of the WICB by written submissions dated October 11, 2011. On October 18,
2011 WIPA submitted its closing Reply to the WICB‟s written submissions.
 [1.10] I now set out in full the pleadings, evidence, arguments and my decision in that order.
A. POINTS OF CLAIM
The Claimant‟s Points of Claim with necessary changes are set out below:
 

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