Noted sports attorney Dr Emir Crowne is warning regional professional cricketers to be wary of dubious establishments seeking to represent them.
This comes in the wake of a development wherein Trinidadian cricketer Kavesh Kantasingh is being falsely advertised as being represented by the Dubai-based AS Cricket Agency. The agency lists Kantasingh as being among several regional players including Jarion Hoyte and Derone Davis.
They also have Pakistan spinner Mohammed Wasim listed as a ‘client’.
Kantasingh, who had met Dr Crowne at a conference on sports and intellectual property rights in April, recently approached the attorney and Crystal Paul of the New City Chambers law firm to review a management agreement involving the AS Agency. However, in reviewing the document Dr Crowne came across several red flags, which he outlined in correspondence to the agency.
“As a preliminary point, we note that the Agency and the Holiday Inn Bur Dubai apparently share the same address. Although we are alive to the fact that some businesses in Dubai do indeed use landmarks to help facilitate mail delivery, further independent investigations have cast serious doubt on the legitimacy of the given address,” said the letter that is over the signature of both Dr Crowne and Ms Paul.
The letter also addressed the fact that AS Agency had already listed Kantasingh as a client, which Dr Crowne characterized as “a clear misrepresentation”.
“You have gone well past the boundary on this one. Mr Kantasingh is not your client. Your use of his name, image and biography is therefore misleading, fraudulent and a breach of copyright. It must be removed immediately, and an apology issued for use of same,” the letter demanded.
Beyond those issues, Dr Crowne also expressed concerns about the nature of the agreement itself, which the attorney said, “does not withstand scrutiny”.
“First, the agreement indicates that it is governed by “UK Law/UAE Law”. We are unsure how the laws of two jurisdictions can simultaneously govern a contract. It is a contractual enigma wrapped in a jurisdictional riddle,” the letter stated.
“Second, the agreement indicates, “disputes arising from or in connection with this agreement shall be finally settled by arbitration under the Procedural Rules of the Court of Arbitration for Sports [sic]”. We are genuinely unsure of how – or why – the Court of Arbitration for Sport would have jurisdiction to settle a dispute arising from said agreement. However, we appreciate that to the untrained eye the “Procedural Rules of the Court of Arbitration for Sports [sic]” does indeed add an air of legitimacy to your operation.”
It is against the background of these concerns that Dr Crowne said he and his colleague would not be advising Kantasingh to enter into a relationship with AS Agency.
“He will remain within his crease, as it were,” Dr Crowne concluded.