Arbitrators Rule for WIPA Again

This effectively settles the dispute that lingered over the World Cup player contracts, which was due in part of the WICB's decision to remove clauses that cover contributions to the Provident Fund.

The Provident Fund serves as the pension plan for all West Indies cricketers.

The WICB also argued that that fees to the World Cup squad should be distributed equally among all players but, on this issue, the arbitrators sided with WIPA and ruled that the "players be paid in accordance with a tiered, hierarchic formula as recommended by WIPA and accepted by WICB."

Following is the full text of the arbitration panel's ruling, which was issued today (April 4, 2007):

On 11 February 2007, an arbitration panel comprising Sir David Simmons K.A., B.C.H, Dr. Aubrey Armstrong and Mr. Elliott D. Mottley Q.C., was asked to decide two issues then outstanding between West Indies Cricket Board (WICB) and West Indies Players' Association (WIPA). The questions for decision were:

1. How should a sum of US$11.5 million payable by the International Cricket Council to WICB be apportioned between WICB and WIPA?

2. How should certain sponsorship revenue (excluding 25% chargeable by WICB as a management fee) be apportioned between WICB and WIPA?

The awards of the arbitration panel were as follows:

1. From the sum of US$11.5 million, WICB should pay to the players in the West Indies World Cup squad a sum representing 22% of US$11.5 million and appropriate a sum representing 3% of US$11.5 million to a fund for the development of other regional cricketers.

2. In addition to the management fee mentioned at (ii) above, WICB should deduct a further 40% of the sponsorship income for its own purposes and pay the balance of 60% to WIPA.

These awards were accepted as binding on all parties.

Subsequent to 11 February 2007, other issues have arisen between WICB and WIPA and it was deemed expedient to seek the decisions of the arbitration panel on these new issues. A second arbitration was therefore conducted by the same panel on 4 April 2007. The main issues were:

1. How should the quantum of money represented by 22% be paid to the members of the West Indies Cricket World Cup squad?

On this issue the arbitrators directed that the players be paid in accordance with a tiered, hierarchic formula as recommended by WIPA and accepted by WICB.

2. What is the appropriate basis for making contributions by the parties to the Provident Fund for the purposes of Cricket World Cup 2007?

The arbitrators have directed that contributions to the Provident Fund be made in accordance with Schedule VII(a) of the Standard WICB Match Tour Contract.

Signed by Sir David Simmons, K.A., B.C.H., (Chairman), Elliott Mottley Q.C., and Dr. Aubrey Armstrong.