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Final Award Simmons With Addendum

Final Award Simmons With Addendum

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Published by ryanaraine

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

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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 INARTICLE XI OF THE COLLECTIVE BARGAINING AGREEMENTANDIN THE MATTER OF A JOINT LETTER OF REFERRAL DATED MARCH 29, 2011BETWEEN THE WIPA AND WICB CONCERNING LENDL SIMMONS.BETWEENLENDL SIMMONSClaimantANDTHE 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 the Respondent, West Indies Cricket Board (“WICB or “theRespondent”). The said letter was signed 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 theparties at the first hearing/preliminary meeting next mentioned. Mr. Lendl Simmons
is referred to as “Lendl Simmons”; “Mr. Simmons”, or “the Claimant” herein.
 [1.1] On May 3, 2011 following a directions hearing at which the parties were representedby Counsel, I issued a number of directions regarding pleadings and other matters.
 
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[1.2] Subsequently, I had email communications with the parties and their respectiveCounsel. As a consequence, a further directions hearing was held on July 6, 2011when I issued Further Directions.[1.3] I continued communicating with the parties and their Counsel by email and theTerms of Appointment and matters connected therewith were agreed in writing onSeptember 5, 2011 with retroactive effect from March 29, 2011.[1.4] There was also a directions hearing on September 2, 2011 when further directionswere issued and dates for hearing which were fixed on July 6, 2011 were confirmedon September 2, 2011 but had to be adjourned due to the unavailability of a witnessof one of the parties.[1.5] As a result of the earlier directions which I gave, WIPA submitted its Points of Claimwith supporting documents on June 3, 2011. On July 14, 2011 WICB submitted itsPoints 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 tocomply. The parties were also directed to prepare and submit an Agreed Bundle of Documents but this too was not supplied.[1.7] Pursuant to my directions I received two (2) witness statements, from WIPA, onefrom Mr. Daren Ganga, a professional cricketer dated September 9, 2011 and theother from WICB in the person of Mr. Lendl Simmons, the Claimant datedSeptember 9, 2011. On behalf of the WICB, I received a witness statement from Mr.Clyde Butts, Chairman of Selectors for the WICB dated September 8, 2011.[1.8] On September 12, 2011 the hearing of this matter commenced at the CaribbeanCourt of Justice Building
(“CCJ”)
in Port of Spain and continued on the 13
th
, for theentire two days. Both Messrs. Simmons and Ganga testified on behalf of theClaimant and Mr. Clyde Butts testified on behalf of the WICB. Mr. Butts was
 
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examined in chief by Mr. Derek Ali, Counsel for WICB and cross-examined by Ms.Donna Symmonds, Counsel for the Claimant; there was no re-examination. Mr.Daren Ganga was examined by Ms. Symmonds and cross-examined by Mr. Ali;there was no re-examination. I had asked a number of questions of Mr. Ganga andthereafter invited Counsel to cross-examine on the answers provided by Mr. Ganga.With their usual alacrity, both Counsel further cross-examined Mr. Ganga. This wasof course in the interest of fairness or natural justice. When Mr. Simmons took thewitness stand he was examined in chief by Ms. Symmonds and cross-examined byMr. Ali. There was no re-examination of Mr. Simmons.[1.9] At the close of the evidence I invited both sides to make oral submissions which wasagain embraced by both sides. These oral submissions were supplemented bywritten submissions. In the case of WIPA, by written submissions dated September 27, 2011 and in 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 default the pleadings, evidence, arguments and my decision in thatorder.
POINTS OF CLAIM
[2.0]
 
The case for the Claimant,
 
Lendl Simmons
 
is that the Claimant is a professionalcricketer who was retained by the WICB pursuant to a Retainer Contract for theperiod 2009-
2010 („the Contract‟). The
Claimant has elected to be represented byWIPA in accordance with Article IX (b) (ii) of the said Retainer Contract.[2.1] This Arbitration arose out of a
complaint
from the Claimant that the Respondenthad breached certain aspects of a subsisting agreement (the Contract) betweenthem and is made pursuant to Article IX thereof. The said agreement expired onSeptember 30, 2010. The complaint is dated October 1, 2010.

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