RugbyWA and ARU moving to arbitration for legal dispute

By Daniel Jeffrey / Editor

RugbyWA and the ARU have committed to attempting to fast-track the legal dispute between the two parties currently before the Supreme Court of Western Australia through arbitration.

RugbyWA lodged a writ against the ARU on April 10 following the decision to cut one Australian Super Rugby team for the 2018 season in an attempt to save the Western Force from the axe.

However, both parties have now agreed to an arbitration process, which is scheduled to begin in the week of July 31 later this year.

In a statement released this afternoon, RugbyWA said the decision is in the best interests of both the Force and Super Rugby. By attempting to resolve the dispute through arbitration, the decision is expected to speed the resolution of the issue.

The ARU has been inundated with criticism for their handling of the Super Rugby cull, with the saga dragging on far longer than originally expected.

The ARU said on April 10 that they hoped to announce which team will make way next season in 48 to 72 hours, however with both RugbyWA and the Melbourne Rebels turning to the courts to ensure their future, there is still no end in sight two months after that original ARU statement.

Full statement from the Western Force on ARU arbitration
RugbyWA and the ARU have agreed today to fast track the resolution of the dispute currently before Supreme Court of Western Australia through arbitration.

The RugbyWA Board believes that to proceed to arbitration is the best way forward for not only the Road Safety Western Force, but for the betterment of the Super Rugby competition, and to expedite this process will only benefit the parties involved.

The Board is particularly concerned with the lack of clear direction for players, staff and supporters and the expedited opportunity provided by a firm arbitration date will be in everyone’s interest.

The arbitration has been timetabled to take place in the week commencing 31 July 2017.

The Crowd Says:

2017-06-21T08:51:38+00:00

Jimbo

Guest


WHY DO WE BOTHER COMMENTING ON THE ARU AND ITS RULINGS? They don't read any of what is written and they are so fixed in their thinking your couldn't move them with a heavy tractor.

2017-06-21T08:49:23+00:00

Jimbo

Guest


It wouldn't necessarily rely on just local players - it could provide an avenue for Pacific Island, Asian, and South American players- Look at the UK and French competitions - it hasn't hurt them and their players gain skills from playing alongside locals. If the product is good the sponsors and TV deals will follow. Australia hasn't really improved being part of Super Rugby and we are treated like the poor cousins.

2017-06-21T06:52:48+00:00

Crazy Horse

Roar Pro


If the NRC is anything to go by Sydney Rugbybis not strong enough to support 4 teams.

2017-06-09T03:53:05+00:00

Jimbo

Guest


Will the reply to our comments and explain why we must follow SANZA's rulings - made without real consultation with the Australian rugby community? NO, they speak and the ARU jumps. Withdraw from the Super Rugby competition and negotiate with FOXTEL for them to cover a strong AUSTRALIA WIDE CLUB COMPETITION. They cover our competitors' Australian club competitions and soccer, Australian Rules and League have grown. We have almost lost the Western Suburbs of Sydney already (Due partly to the NSW RU's fixation on the Shute Shield competition. The Waratahs won't play a game anywhere west of Homebush - most of them wouldn't be able to tell you where Liverpool, Blacktown, Penrith or Windsor are located. Again I say a Ten Team competition with four teams based around Sydney,plus one to cover the Newcastle- Central Coast, One in Brisbane and One on the Gold Coast, plus Canberra, Melbourne and Perth. Local venues will attract LOCAL supporters and spread the game wider. The Shute Shield teams will rage and moan – but maybe the ARU will have the guts to stand up to them.

2017-06-09T00:27:52+00:00

Hannes

Guest


Extract from a letter to members from Western Force CEO explain what will be arbitrated: ".. Rugby WA statement yesterday announcing that the dispute with the ARU has been fast tracked through arbitration. This means instead of the matter being heard in the Supreme Court it will now be heard by a judge, jointly appointed by both parties involved. The arbitration process will not decide whether the Road Safety Western Force stays in the Super Rugby competition, the case will decide whether the Alliance Agreement is legally binding until the end of the 2020 season. The decision to go to arbitration should not be viewed negatively, it is not an indication of our case being any more or less winnable. The Board is particularly concerned with the lack of clear direction for players, staff and supporters and the expedited opportunity provided by a firm arbitration date will be in everyone’s interest."

2017-06-08T01:13:23+00:00

Jimbo

Guest


Australia needs a strong AUSTRALIA WIDE CLUB COMPETITION not Super Rugby. Our competitors, Soccer, Australian Rules and League have it and are GROWING. We have almost lost the Western Suburbs of Sydney already and this stupid carry on over axing a Super Rugby franchise has made us the laughing stock of Australian sport. Four teams based around Sydney, one to cover the Newcastle- Central Coast, One in Brisbane and One on the Gold Coast, plus Canberra, Melbourne and Perth. A "champions league" could be played off between the top three Aussie and New Zealand teams and maybe the top Japanese team. Local venues will attract LOCAL supporters and spread the game wider. The Shute Shield teams will rage and moan - but maybe the ARU will have the guts to stand up to them. This would mean 18 rounds plus finals meaning 21 weeks of the National Rugby Championship games plus International Games will give a 25 or 26 week season. A "Champions League" of top Aussie and Kiwi sides would easily fit.

2017-06-07T22:46:53+00:00

Kane

Guest


Do you think playing against NZ Super teams is good preparation for tests? Likewise do you think playing ITM cup in NZ is good preparation for a tour of the NH teams?

2017-06-07T22:44:41+00:00

Greg

Guest


One more point: Everything happening now regarding the Force and Rebels is due to poor management from ARU. How a decision was not made prior to the SANZAR announcement is beyond me. The legal framework and a media spin/plan all should have been in place ready to go. Then the decision is made. Done. If the team chosen seeks to dispute the legality to the ARU decision, then so be it, the ARU should argue it confident in their legal advice and it should only be overturned if it Courts see fit. But what were the ARU doing to prepare for the SANZAR decision?

2017-06-07T22:41:01+00:00

Greg

Guest


Can someone explain to me what the matter in dispute is that is sought to be resolved by the arbitrator? I was of the understanding that the ARU had not decided which team would be removed from the competition yet. Therefore, what is actually in dispute at this point in time? Has the WA rugby union, or the Force, obtained an injunction preventing the ARU from axing them? My apologies for the ignorance regarding the legal aspects, but any information would be useful to try and figure out what is happening. Further, I honestly believe: (a) the current situation from the ARU is one of the greatest business management stuff ups I have come across; (b) the ARU did not act in Australian Rugby's best interest by accepting the SANZAR decision. They have one major stakeholder they report to and that is the AUSTRALIAN rugby community - not the rugby communities of NZ and Sth Africa; and (c) RU should, now more than ever, have the guts and pull out of Super Rugby. It serves no real good to the Australian game and simply prevents it from establishing a proper national competition. Build up the NRC, focus your resources and marketing to it and see what geographical spread and attention you can get to the game.

2017-06-07T18:43:12+00:00

Bakkies

Guest


The Force clearly would like to get it resolved in Court and I still believe that is the case.

2017-06-07T08:03:59+00:00

Hannes

Guest


There are a couple of issues of concern: the Force agreed to arbitration in Sydney, the ARU's backyard without agreeing on an arbitrator. I would have thought the Force would have secured some consession before making it easy for the ARU. The alternative would have been a hearing in a WA Supreme court - the Force'a backyard! This is about axing a team or not as there is no middle ground as merger between the Force and another Superugby side is not practical. I still do not think the Force will get a fair opportunity to present their case.

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