No apologise to arbitrator yet

The West Indies Cricket Board (WICB) is yet to apologise to arbitrator Jairam Seenath SC for comments made by outgoing CEO, Dr Ernest Hilaire. In response to the WICB losing the arbitration matter to batsman Ramnaresh Sarwan who was awarded $1m by the arbitrator, the WICB claimed that while Sarwan presented his version of the events to the arbitrator, the WICB was not allowed to cross-examine Sarwan nor did the arbitrator seek to find evidence of Sarwan’s claims. “The arbitrator simply accepted WIPA’s and Sarwan’s version of evidence as true, despite e-mails and letters which could have been provided to show contrary to the claims,” the WICB release noted. The WICB argued that it did not want to be engaged in legal battles with players and in this instance agreed to settle with Sarwan even though the board was advised that the arbitrator’s ruling was flawed. Senior Counsel Seenath wrote the WICB, seeking a retraction of the comments and a public apology. However, despite the WICB board of directors meeting over the weekend, no apology was sent to Seenath.

 

 

Instead, president of the WICB Dr Julien Hunte praised Hilaire for a turnaround in West Indies cricket. In SC Seenath’s letter to the WICB he indicated that he adopted a procedure which permitted the parties to call witnesses and produce evidence as they considered appropriate to prove the allegations in support of their case. Consistent with that approach, he also permitted each party ample opportunity to cross-examine the other’s witnesses. The letter further stated that at no time during the hearing or after the arbitration did either party or their counsel complain about his conduct of the arbitration. It further noted that it was unfortunate that the WICB chose to make this public. “But it is a matter of record that both parties were given free rein to adduce all evidence as they saw it fit before the arbitrator. “The WICB, having elected not to adduce evidence on any conversation involving Dr Hilaire, ought not now to publicly impugn the arbitration process on the basis of their own failure to adduce this evidence. It is also a matter of record that the WICB was given free rein to cross-examine witnesses, including Sarwan, on all matters upon which they saw fit.”

 

 

It concluded that no application for cross-examination or question was sought to be posed to Sarwan and that all responsibility for this must lie at the feet of the WICB. “As a disappointed party the WICB is free to critique the award that was delivered but it is unacceptable to misrepresent the events which transpired during the actual arbitration. It is a complete untruth to say that the arbitrator did not allow WICB counsel to cross-examine Sarwan on the matters highlighted the press release.”