Contract Inquiry Terms of Reference

PREAMBLE

The West Indies Cricket Board (WICB) and Cable and Wireless (C&W) shared a sponsorship arrangement that came to an end in 2004 after a relationship which lasted for 18 years. The two parties did not reach agreement on terms for a renewal. The WICB subsequently established a sponsorship relationship with rival telecommunications company Digicel in 2004 for a period of five years.

The Marketing Committee of the WICB conducted the negotiations with both parties and in so doing submitted periodic reports and recommendations to the Board of Directors of the WICB. These reports formed the basis for final decisions made by WICB Board of Directors.

The WICB wishes to establish an independent body to review without limit all aspects of the negotiations for the renewal of the sponsorship with CC&Wamp;W and of the acceptance of its sponsorship with Digicel in order to confirm or otherwise that the WICB and all its organs acted appropriately in these matters.

TERMS OF REFERENCE:

Constitution of Committee:

The Sponsorship Negotiations Review Committee is appointed by the Board of the WICB to act as an Independent Committee to review and report on the specified matters set out in its Terms of Reference.

Membership:

Mr Justice Anthony Lucky (Chairman)
Mr Avondale Thomas FCCA
Mr Gregory Georges CA

Purpose:

The Committee shall review and examine all correspondence, transactions, communications, minutes, contracts, records, arrangements and any other relevant information concerning:

i) The negotiations for the renewal of the sponsorship arrangement with C&W; and
ii) The negotiations and conclusion of the sponsorship arrangement with Digicel, in order to determine whether:

• the WICB treated Cable and Wireless fairly in the negotiations;

• an improper relationship exists between WICB and Digicel;

• the new sponsorship arrangement was in the best interests of the WICB and continued cricket development in the West Indies; and

• payments were improperly accepted by members of the WICB as an inducement ( these members to include Board members, members of the marketing committee, executive staff)

Authority:

The Committee is authorised to investigate any activity within its terms of reference. It is authorised to seek any information it requires from any director, sub-committee member or employee of the WICB and all these persons are directed to co-operate with any request made by the Committee relating to this matter. The Committee is also authorised to obtain other independent professional advice if it considers this necessary.

The Committee is further authorised to request any information relating to these matters from Cable and Wireless, Digicel or any other party, which it deems relevant.

Reporting:

An interim report of the Sponsorship Negotiations Review Committee including its findings should be submitted in writing by the Chairman of the Committee to the President of the WICB on or before 8 July 2005. A final report will be submitted on a date to be determined.