TRINIDAD: April 28, 2016: The Trinidad and Tobago Association for Sport and Law (“TTASL”) is an independent body which aims among other things, to promote the effective administration of local sports governing bodies through legal education.
In light of the pending legal proceedings in the current impasse with the Trinidad and Tobago Gymnastics Federation, we deliberately refrain from advocating for either party as justice must be delivered without outside and undue interference.
The events of recent weeks however, have highlighted even more the need for effective Alternative Dispute Resolution (“ADR”) mechanisms within the sporting fraternity. We believe that the ongoing gymnastics saga offers an opportunity for our administrators and decision-makers to promote
appropriate dispute resolution suitable for the sports sector.
The TTASL echoes the statements made by Justice Vasheist Kokaram in delivering his Judgment, following an application for injunctive relief by the TTCB in CV 2011 of 1276 The Trinidad and Tobago Cricket Board v The West Indies Cricket Board, that “there is a dire need to quickly formalize mechanics internally within the Respondent’s organization which can deal with these matters quickly, effectively and finally.
The formation of an ADR body which will aid in resolving disputes not just between athletes and National Governing Bodies but those matters involving commercial contracts, intellectual property, matters of ethical conduct, sporting integrity and good governance. The alternative to this for an aggrieved party who chooses recourse to the ordinary courts of law will be costly and lengthy litigation before the nation’s courts. The likely outcome may very well be a sense of frustration, exhaustion and even vindictiveness, with no real winner, while bringing the respective sport into disrepute in the process.
The proposed sports dispute resolution entity will be based on the ideals of the Court of Arbitration for Sport that exists in Lausanne, Switzerland, populated by a panel of personalities with expertise in sport and/or law offering balance and promoting the principles of equity and fair play, in the interest of the sport.
The words of Lord Denning in Enderby Town Football Club v The Football Association [1971] Ch 591 resonate truthfully, that ‘justice can often be done better by a good layman than a bad lawyer’. The TTASL calls on the relevant authorities to join us in advancing this conversation and implementing systems for the effective, timely and equitable resolution of sporting disputes
