WBO-resolution-rigo

THIS CAUSE coming to be heard by the WBO Complaint and Grievance Committee upon the complaint of Mr. Patrick C. English of Dines and English. L.L.C., on behalf of Guillermo Rigondeaux from the October 26, 2015 determination of the WBO World Championship Committee, the WBO Complaint and Grievance Committee having received the Ruling of the WBO World Championship Committee, having afforded the Interested WBO Participants ample opportunity for submittals— both written and oral — having considered the WBO Regulations of World Championship Contests, and being fully advised in the Premises,

IT IS ORDERED: the Appeal is Dismissed

THE FOLLOWING is established as the Record of Proceedings in this Cause:

  1. 10/7/2015, Letter from WBO World Championship Committee to Rigondeaux and his promoter, Caribe Promotions, ordering them to show cause as to why Rigondeaux has not defended the WBO Junior Featherweight Championship under the terms of the WBO Regulations of World Championship Contests.
  2. 10/16/2015, Letter from Jared Lopez on behalf of Mr. Rigondeaux and his promoter in response to the show cause order issued by the WBO World Championship Committee.
  3. 10/26/2015, Resolution of the WBO World Championship Committee to vacate the WBO Junior Featherweight Title of Guillermo Rigondeaux.
  4. 11/9/2015, Guillermo Rigondeaux’s appeal letter of the WBO World Championship Committee Resolution of October 26, 2015.
  5. 11/10/2015, Letter from WBO President Francisco Valcarcel forwarding and referring appeal received on November 9, 2015 to Alberto Rodriguez, the Chairman of the WBO Complaint and Grievance Committee.
  6. 11/10/2015, Letter of Notification from WBO President Francisco Valcarcel to Attorney Patrick English stating that the appeal had been forwarded to the WBO Complaint and Grievance Committee.
  7. 11/12/2015, Notice and Order Setting Docketing Conference from the WBO Complaint and Grievance Committee.
  8. 11/17/2015, Second request from Mr. Patrick C. English for additional time to respond or until Friday, December 4, 2015.
  9. 12/4/2015, Letter from Mr. Patrick C. English on behalf of Mr. Rigondeaux to withdraw the appeal.

INTRODUCTORY COMMENTS

In preparation for this Resolution, this Committee has evaluated Mr. Rigondeaux’s record as WBO Junior Featherweight Champion, examined news reports and commentaries to gain insights as to the reasons behind his inactivity. Taken as a whole, this Committee confirms that the WBO World Championship Committee was more than lenient with Mr. Rigondeaux, choosing not to exercise their discretion to order a Mandatory Defense and instead affording him great latitude and the opportunity to face any of the top 15 classified contenders, but that he was clearly inactive, defending his title only three times during the (31) months prior to the October 26, 2015 Resolution.

DISCUSSION

Mr. Patrick C. English of Dines and English, L.L.C., on behalf of Guillermo Rigondeaux, petitioned this WBO Complaint and Grievance Committee on November 9, 2015 to (1) Reverse the October 26, 2015 determination of the WBO World Championship Committee to vacate Rigondeaux’s WBO Junior Featherweight Championship, arguing that the fighter’s inactivity was “in major part caused by the WBA’s failure to enforce its rules and what, sadly, appears to have been a conspiracy to do so in order that a unification between Messrs. Frampton and Quigg could be held,” further adding that “[t]his chronology was not known at the time Mr. Rigondeaux’s response was due to the WBO’s Championship Committee,” and that “[i]t became known only after the WBA’s recent action and upon discussion with IBF officials.” Finally, on December 4, 2015 this WBO Complaint and Grievance Committee received communication from Mr. English unequivocally stating that upon consultation with their client it was their intention to withdraw their appeal.

It is important to note, that this Committee is not swayed by arguments pertaining to the WBA, their rules and activities- they have no bearing whatsoever on the decision of the WBO World Championship Committee or this WBO Complaint and Grievance Committee. Ours is a simple application of our WBO Regulations of World Championship Contests. Also, because this Committee believes so strongly in the importance of Due Process, the Interested WBO Participant was given the opportunity to address us via telephone conference on Tuesday, November 17, 2015, provide additional information for our consideration and to testify under oath and confirm any prior written statements. At that time, Mr. English requested an additional period to reply in light of Mr. Rigondeaux’s bout scheduled for November 21st. On November 21st. English then wrote to this Committee asking for a final extension until Friday, December 4, 2015. On that date, Mr. English sent us communication via email stating that after “consulting Guillermo, we intend to withdraw our appeal.” The letter further added:

It was never our contention that the WBO violated any of its rules. Rather, we were requesting that the WBO exercise its discretion not to adopt the Championship Committee recommendation in light of the circumstances which were discovered and which are set forth in my letter of November 9, 2015. Those circumstances primarily involved the WBA and not the WBO.

Rigondeaux’s letter withdrawing their appeal, finally asked that:

While we still request that the President, in his discretion, not adopt the Recommendation of the Championship Committee, we do not believe that the exercise of discretion is an appealable issue and thus, this withdrawal.

An Interested WBO Participant may no doubt withdraw an appeal at any time during the established process. On the other hand, the WBO Complaint and Grievance Committee considers it necessary to discuss the request that the President not adopt the Recommendation of the WBO World Championship Committee to declare Mr. Rigondeaux’s WBO Junior Featherweight Title vacant. Section 34 of the WBO Regulations of World Championship Contests establishes that:

Any WBO Participant, including, but not limited to a Boxer, Manager, or Promoter who is or could be affected by a determination of the World Championship Committee who wishes to contest such a determination must, as his or her sole and exclusive remedy, file a Complaint pursuant to the WBO Appeal Regulations. In all cases the complaint shall be referred to the WBO President, who may attempt for a reasonable period to resolve the complaint amicably. The WBO President may reject a complaint or he may refer it to the Complaints and Grievance Committee which shall determine the complaint or grievance in accordance with the WBO Appeals Regulations.

In this case, WBO President Francisco Valcarcel opted not to participate of the complaint process, instead choosing to refer the matter immediately to this WBO Complaint and Grievance Committee. That is to say, the November 10, 2015 letter from President Valcarcel to the Chairman of this Committee, and that same date’s letter of notification to Mr. English, proves that the Rigondeaux matter no longer fell within his purview and no longer had jurisdiction in the matter. In light of this rule, this Complaint and Grievance Committee is forced to conclude that Mr. Valcarcel is no longer in a position revise his determination to adopt the recommendation of the WBO World Championship Committee, per their October 26, 2015 Regulation.

CONCLUSION

The Appeal is dismissed upon request of the petitioning party. The October 26, 2015 determination of the World Championship Committee is sustained. This Committee also concludes WBO President Valcarcel may no longer revise his determination to adopt the recommendation of the October 26, 2015 WBO World Championship Committee Resolution. This Decision is the Final Action of the WBO Complaint and Grievance Committee. It constitutes the Final Arbitration of the issue per 32 LPRA Section 3201 et. seq. and the US Arbitration Act, Title 9 of the United States Code, and the Inter- American Convention on International Commercial Arbitration of July 30, 1975 and the Convention on the Recognition and Enforcement of Foreign Arbitration Awards of June 10, 1958 under WBO Rule 35, which in relevant part provides:

  • d) These Regulations are to be interpreted in conformity with the Laws of the Commonwealth of Puerto Rico. All WBO Participants agree and consent that any or all action in which the WBO is made a party, whether it is to enforce, interpret or declare the application of these Regulations or to appeal from any determination of the WBO, including, but not limited to a determination of the Complaint and Grievance Committee, may be maintained only in the Superior Court of the Commonwealth of Puerto Rico, or, if applicable, in the U.S. District Court for the Commonwealth of Puerto Rico.
  • e) All WBO participants acknowledge and agree that the mandatory resort to the WBO Appeals Regulation is the sole and exclusive remedy for any claim, appeal or contest that arises from any right or status that is subject to these Regulations or which results from or relates to the interpretation or application of these Regulations. These WBO Appeals and Grievance Committee determinations are Arbitrations within the contemplation of 32 LPRA Section 3201 et. Seq. and the US Arbitration Act, Title 9 of the United States Code, and the Inter-American Convention on International Commercial Arbitration of July 30, 1975 and the Convention on the Recognition and Enforcement of Foreign Arbitration Awards of June 10, 1958. All WBO participants stipulate and agree that the nature of the sport requires a prompt, final and uniform resolution of all disputes concerning application of these Regulations by a tribunal experienced with the application of these Regulations and with special knowledge and experience in world championship professional boxing.
  • f) These Regulations apply to all WBO Participants. The term WBO Participant includes any and all person or company who participates in any WBO activity, including, but not limited to any and all current or former WBO World Champions, WBO Regional Champions, World Championship or WBO Regional Championship contenders, all WBO World or Regional ranked or rated boxers, Manager and/or Promoters of any of the foregoing, all WBO Members, and all WBO Officials. The WBO is a voluntary not-for profit organization. All WBO Participants who participate in any WBO sanctioned activity do so on the express condition that such WBO Participant is bound by and subject to these WBO World Championship Rules and all WBO Rules and Regulations.

All WBO Participants are reminded that the sole remaining WBO appeal of this determination is to the WBO Executive Board, which may be initiated only by written application to the WBO President per Article 7 of the WBO Appeals Regulations:

The decision of the Complaint and Grievance Committee is final unless an appeal is granted pursuant to this Article. In the sole discretion of the President, a decision of the Complaint and Grievance Committee may be reviewed by the Executive Committee of the WBO. This extraordinary review may be ordered by the President upon the independent decision of the President after receipt and consideration of a written Appeal by a WBO Participant affected by the decision within five (5) days following the date of the decision. The effect of a decision of the Complaint and Grievance Committee will not be affected by an Appeal unless the President determines to stay the decision pending Appeal.

On December 8, 2015

Respectfully Submitted,

World Boxing Organization

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ALBERTO RODRIGUEZ

Complaint and Grievance Committee

PDF File: 151208 WBO Complaint and Grievance Committee Resolution G. Rigondeaux

WBO-resolution-mayweather

WHEREAS, on Saturday, May 2nd 2015, Floyd Mayweather, Jr. earned a unanimous-decision victory over Manny Pacquiao in one of the most highly anticipated boxing matches ever to become the Unified WBO/WBA/WBC Welterweight Champion of the World; and,

WHEREAS, during the Mayweather vs. Pacquiao Post-Fight Press Conference at the MGM Grand on the night of the historic bout, Mr. Mayweather spoke at length about affording the opportunity to other fighters, particularly those of a younger generation and specifically stated that “Other fighters need to get a chance” and “I’m not greedy. It’s time to let other fighters fight for the belt.” (See, e.g., Floyd Mayweather will relinquish all his title belts before final fight); and,

WHEREAS, pressed on the issue of vacating the championship belts, Leonard Ellerbe, CEO of Mayweather productions, added: “Floyd has been in the sport 20 years and has accomplished everything in the sport.” “What else can he accomplish? There are younger guys up and coming and they’ll get an opportunity;” and,

WHEREAS, due to Champion Mayweather’s statements that he would relinquish all titles and his expressed desire to fight one non-title 12-rounder bout before retiring to allow for the development of young fighters, the WBO World Championship Committee approved the June 27th 2015 bout between Timothy Bradley, Jr. and Jessie Vargas for the Vacant WBO Welterweight Championship of the World; and,

WHEREAS, on May 20th 2015, having heard boxing commentators talk of an upcoming Bradley-Vargas bout for the Vacant WBO Welterweight title, a concerned letter is received from the Mayweather camp through his attorney, John Hornewer, stating that Mr. Mayweather had no definite plans for the future other than the September 2015 bout and specifically, desired to have a written confirmation from the WBO that he remained the WBO/WBA/WBC Unified Welterweight Champion of the World; and,

WHEREAS, the WBO, having acted on the previous statements of Mr. Mayweather in sanctioning the June 27th 2015 bout between Timothy Bradley, Jr. and Jessie Vargas for the Vacant WBO Welterweight Championship of the World, nonetheless, due to the WBO’s and Timothy Bradley, Jr.’s and Jessie Vargas great respect for Mr. Mayweather, the status of the June 27th 2015 bout between Timothy Bradley, Jr. and Jessie Vargas for the Vacant WBO Welterweight Championship of the World was amended to an Interim WBO Welterweight Championship of the World to allow Mr. Mayweather additional opportunity to make his determination whether he wished to retain the WBO Welterweight Championship in conformity with the WBO Rules; and,

WHEREAS, on May 22nd 2015, the WBO World Championship Committee sent a letter requesting that Champion Mayweather convey in writing -on or before Monday, June 1st 2015— his unequivocal intent to retain his WBO Welterweight title, in accordance with the WBO Regulations of World Championship Contests; and,

WHEREAS, the letter sent to Mr. Mayweather advised that Section 15 (b) of said regulations would require that he relinquish his WBA/WBC 154 lb. title, for “no WBO Champion may hold a non-WBO Championship in a weight class that is different from the weight class of his WBO Championship;” and,

WHEREAS, on June 1st 2015, a friendly reminder letter was sent to Mr. Mayweather, Jr. stating that his letter relinquishing the WBA/WBC titles was due on the same day; and,

WHEREAS, on the afternoon of June 1st Mr. Mayweather, Jr. sent a letter asking that the WBO World Championship Committee utilize its power and discretion conferred upon it as per Section 1 (b) (20) of the WBO Regulations in order to grant an exception or variation from the Rules and allow him until August 1st to respond to the May 22nd letter on whether he would relinquish his titles; and,

WHEREAS, Mayweather Jr. further stated on the June 1st missive that “entered the bout [on May 2nd 2015 against Manny Pacquiao] holding the WBA and WBC Welterweight and Super Welterweight Division titles,” respectively; and,

WHEREAS, Mayweather, Jr. furthermore expressed that “he is pleased and proud to be recognized and acknowledged as a WBO Champion” and that although “it has taken almost two decades for him to cross paths with the WBO, he is proud and honored to have done so;” and,

WHEREAS, on June 3rd, WBO President Francisco Valcarcel advised Mr. Hornewer that a request was made to the WBO Championship Committee to render a decision on Champion Mayweather’s request no later than Friday, June 5th 2015; and,

WHEREAS, on June 5th 2015 this WBO World Championship Committee resolved that while no future precedent was to be construed of the Resolution, that Section 1 (b) (20) of the WBO Regulations did in fact allow for certain extraordinary exceptions and flexibility, but that under no circumstances could it be interpreted as rendering any of our WBO Rules ineffective, and finally, that an extraordinary extension to allow Champion Mayweather to advise the WBO of his position within the WBO Welterweight division was granted until 4:30 PM EST on Friday, July 3rd 2015, under the following conditions:

  1. Mr. Floyd Mayweather Jr. ’s legal representatives had to confirm within the next five (5) days that they were in agreement with the conditions set forth on the June 5th Resolution.
  2. The WBO reserved the right to protect its Welterweight Division from stagnation, and to proceed in accordance with our Rules and Regulations and to afford the opportunity to other fighters, particularly those of a younger generation, in the spirit of Mr. Mayweather’s statements on May 2nd 2015; and,
  3. If Mr. Mayweather were to fail to comply with the terms and conditions of the June 5th Resolution and his legal representative not notify the WBO World Championship Committee of his intention to vacate titles in other weight divisions by the July 3rd deadline, the WBO would cease to recognize him as the WBO Welterweight Champion of the World.
  4. Finally, that the WBO Championship Committee would not grant any further extension on the matter.

WHEREAS, on June 10th 2015 WBO President Valcarcel and members of the WBO Championship Committee received an email communication from John Hornewer on behalf of Floyd Mayweather, Jr. and Mayweather Promotions LLC, confirming the acceptance of the four conditions set forth in the June 5th Resolution and thanking the WBO for accepting their request for an exception; and,

WHEREAS, the July 3rd 4:30 p.m. EST deadline passed, and the WBO received no response from Mr. Mayweather or his legal representatives advising of his intent to vacate titles in other weight divisions and complying with WBO Rules and Regulations of World Championship Contests, the matter has been referred to this WBO World Championship Committee; and,

WHEREAS, the WBO Championship Committee has full authority as per our WBO Regulations of World Championship Contests to resolve this matter and may, within our powers and discretion according to Section 1 (7) of the aforementioned Regulations, “recommend to the President and the Executive Committee that a Title should be vacated if a Champion fails to comply with the WBO World Championship Rules (Emphasis added); and,

WHEREAS, the WBO acknowledges Mr. Floyd Mayweather’s undeniable place atop the “pound for pound” lists as well as his notable performance on May 2nd 2015 to capture the WBO Welterweight Championship of the World against another extraordinary fighter in Manny Pacquiao; and,

WHEREAS, the WBO has the utmost respect for Floyd Mayweather Jr. and all that he has accomplished during his storied career, and that Mr. Mayweather has always agreed with and understood that World Championships have both privileges and responsibilities and that status as WBO Champion is subject to and conditioned on compliance with the WBO Rules; and,

WHEREAS, Section 16 (1) of our Regulations stipulates that the WBO shall be paid a “Sanction Fee” (both Champion and Challenger) of a rate equal to three percent (3%) of their purses with a minimum of $1,000.00 and a maximum of $200,000.00 per boxer; and,

WHEREAS, it is expressly against our Rules (Section 15 (b)) for boxers to hold world titles in multiple weight classes and if a WBO Champion wins a title in a higher or lower weight division, the WBO Champion shall have ten (10) days to determine which weight division the WBO Champion will retain.

NOW, THEREFORE, BE IT RESOLVED by the WBO World Championship Committee according to our Regulations that:

  1. In the present case, Mr. Mayweather, Jr. failed to pay the $200,000.000 fee required of him as a participant of a WBO World Championship Contest.
  2. Despite affording Mr. Mayweather Jr. the courtesy of an extension to advise us of his position within the WBO Welterweight Division and to vacate the two 154-pound world titles he holds, the WBO World Championship Committee received no response from him or his legal representatives on this matter.
  3. The WBO World Championship Committee is allowed no other alternative but to cease to recognize Mr. Floyd Mayweather, Jr. as the WBO Welterweight Champion of the World and vacate his title, for failing to comply with our WBO Regulations of World Championship Contests.
  4. This is a final decision of the WBO World Championship Committee. The affected WBO Participant may appeal to the Complaint and Grievance Committee pursuant to WBO World Championship Section 34, which per Rule 3(e) of the WBO Appeals Regulation, must be submitted in writing to the WBO President within fourteen (14) days of the date of this decision as its sole and exclusive remedy.

Dated in San Juan, Puerto Rico on this 6th day of July, 2015

firma-luis-batista

Luis Batista Salas, Esq.

Chairman

WBO Championship Committee

PDF File: 150706 RESOLUTION TO VACATE – FLOYD MAYWEATHER JR (1)

resolution-Quillin-vs-Korobov

WHEREAS, on September 4, 2014 WBO Middleweight Champion of the World Peter Quillin notified this WBO World Championship Committee of his intent to forgo the proposed mandatory defense bout against WBO #1 ranked contender Matt Korobov; and,

WHEREAS, Mr. Quillin’s decision required that the WBO Middleweight title be declared vacant and that this WBO World Championship Committee determine Mr. Korobov’s opponent for the now vacant title, pursuant to Section 20 of the WBO Regulations for World Championship Contests; and,

WHEREAS, we have received formal petitions on behalf of both WBO #2 classified contender Billy Joe Saunders and WBO Junior Middleweight Champion of the World Demetrius Andrade, to fight for the vacant WBO Middleweight Championship of the World against Matt Korobov; and,

NOW, THEREFORE, according to our Regulations and guided by existing precedent, this WBO World Championship Committee determines that:

  1. Having prevailed over Jose Uzcategui on June 28, 2014 in a WBO eliminatory match, there is no doubt that Mr. Korobov is deserving of an opportunity to fight for the vacant WBO Middleweight Championship of the World; and,
  2. Although there is no fixed norm to allow our WBO Champions moving up in weight to vie for titles in the next weight division, there are examples of this precedent such as: Ivan Calderon contending for the WBO Jr. Flyweight Championship of the World coming from the Mini-Flyweight division, Miguel Cotto moving up from the Jr. Welterweight division and fighting for the WBO Welterweight Championship of the World, Donnie Nietes fighting for the WBO Jr. Flyweight Championship of the World coming from the Mini- Flyweight division, Ricky Burns fighting for the WBO Lightweight Championship of the World having decided not to compete in the Jr. Lightweight division, Juan Manuel Marquez contesting for the WBO Welterweight Championship of the World having previously been the Jr. Welterweight titlist, and, more recently, Miguel Angel “Mikey” Garcia moving up from the Featherweight division and fighting for the WBO Jr. Lightweight Championship of the World, among others; and,
  3. Having manifested a clear desire to move up in weight and considering his status as our current WBO Jr. Middleweight Champion, Demetrius Andrade has made a more compelling case than Billy Joe Saunders to compete for the vacant WBO Middleweight Championship of the World, despite Saunder’s status as former Olympian, former WBO International Champion and current European Boxing Union Champion; and,
  4. Furthermore, Saunders has not faced a WBO top 15- ranked opponent in the last fourteen months, and his position as WBO #2 ranked contender is primarily due to the fact that others like Daniel Jacobs have decided not to fight for the WBO title; and, (AMENDED)
  5. Even in the case where a fighter ascends to the #1 position in the WBO rankings, this fighter is not automatically considered a Mandatory Challenger. To be considered as such, a fighter must meet the standard of having defeated WBO classified opposition.

IT ADDITIONALLY RESOLVES that in light of the above Demetrius Andrade fight Matt Korobov for the vacant WBO Middleweight Championship of the World; and,

FINALLY RESOLVES that given the situation in the WBO Middleweight Division, and that a purse bid for the Quillin vs. Korobov WBO Middleweight contest had been held, with a television date set, the sides to the contest here ordered now have fifteen (15) days to reach an agreement. As usual, the parties involved may call for a purse bid at any time during the negotiation process.

September 10, 2014
WBO CHAMPIONSHIP COMMITTEE

luis-firma