WBO Jr. Middleweight Championship Teixeira/Castaño – Purse Bid Notice

Nitin K Sethi, MD

Department of Neurology, New York-Presbyterian Hospital, Weill Cornell Medical Center, New York, NY (U.S.A.)

Professional boxing and mixed martial arts (MMA) are popular sports with a worldwide fanbase. COVID-19 (coronavirus disease 2019) is the infectious respiratory disease caused by SARS-COV 2 virus (Severe Acute Respiratory Syndrome coronavirus 2). On March 11^th,2020 The World Health Organization (WHO) declared COVID-19 a pandemic considering the over 118,000 cases of the coronavirus illness in over 110 countries and territories around the world and the sustained risk of further global spread. ¹ In order to control the spread of COVID-19, heath care authorities in different countries recommended isolation of sick persons, quarantine for those who may been exposed to the virus and social distancing. ² Social distancing also referred to as physical distancing meant keeping space between people outside of their homes. A distance of at least 6 feet (2 meters) was recommended and people were asked not to gather in large groups, avoid crowded places and mass gatherings. Widespread cancelation or postponement of sporting events including boxing and MMA bouts followed. The most common sited cause for cancelation was fear of contagion. The encyclopedia describes contagion as the communication of disease from one person to another by close contact. By canceling events, State Commissions, promoters and combat sport’s governing bodies made the tough but responsible decision to protect all the concerned parties namely the athletes, their camps, Commission officials, production crews and the fans at the venue.

Some promoters have explored the possibility of holding a combat sports event “behind closed doors”. Only the athletes, cornermen, referee, judges, Commission officials, ringside physicians and TV production crew would be present at the venue. The rationale for holding an event behind closed doors is to reduce the risk of COVID-19 transmission from person to person at the venue. It was further proposed that all athletes be tested for SARS-COV2 before entering the ring or cage. The term “behind closed doors” is used primarily in association with football (soccer) to describe matches played where spectators are not allowed in the stadium to watch. Soccer matches are played behind closed doors to punish a team when its fans display rowdy behavior and clash with the rival team supporters and is included in the FIFA Disciplinary Code. ³

Amid the COVID-19 pandemic should combat sports events be held behind closed doors? Crowd less bouts are rarely heard of in combat sports. Passionate frequently blood hungry fans vociferously and voraciously support their prizefighter and are as much a part of the sport as the athletes themselves. Combat sports athletes fight not just for fame and money, they fight for their fans in the venue. Holding a crowd less event takes the very essence and vibe out of a combat sports event. Just like water is the elixir of life, so is the combat sports fan to the sport itself. Even if an event is held behind closed doors and all those present (not just the athletes) are tested for the coronavirus, the risk of transmission from person to person remains. Controlling the spread of the COVID-19 pandemic is far bigger than any boxing or MMA event. It is a matter of social responsibility and an obligation to act for the benefit of the society at large.

References

1. Cucinotta D, Vanelli M. WHO Declares COVID-19 a Pandemic. Acta Biomed.2020;91:157-160. doi: 10.23750/abm.v91i1.9397.
2. https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/social-distancing.html
3. FIFA Disciplinary Code 2017 edition. https://resources.fifa.com/image/upload/fifa-disciplinary-code-500275.pdf?cloudid=koyeb3cvhxnwy9yz4aa6

COMPLAINT AND GRIEVANCE COMMITTEE
Appeal of Krzysztof Głowacki v. Mairis Briedis
AWARD

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TO: ALL BONA FIDE PROMOTERS
FROM: LUIS BATISTA SALAS, ESQ.
DATE: OCTOBER 16TH 2019
RE: SUSPENSION OF PURSE BID
WBO SUPER MIDDLEWEIGHT
ELIMINATION CONTEST
ROHAN MURDOCK VS. ZACH PARKER

On Tuesday, October 15th 2019, official representatives from Mr. Rohan Murdock and Mr. Zack Parker, respectively, requested an extension of the negotiation period set forth by the WBO World Championship Committee to finalize negotiations and reach an agreement as ordered by the Committee.

Both parties agreed with the extension request, and consequently WBO World Championship Committee granted a final ten (10) day period to reach an agreement. If no accord is not reached within the referenced time frame, a Purse Bid will be ordered with the same conditions established as per the original Purse Bid scheduled.

Wherefore, the referenced Purse Bid scheduled for tomorrow, Thursday, October 17th 2019, at 11:00 a.m. at the WBO Headquarter Offices, is hereby suspended until further notice.

Any additional information, please visit our website at www.wboboxing.com or contact the WBO main office.

Condominium First Federal | Suite 711-714 | 1056 Muñoz Rivera Avenue | San Juan, PR 00927

O: 787-765-4628 | E: lbs@wboboxing.com | F: 787-758-9053
E: boxing@wboboxing.com | W: www.wboboxing.com | E: infonews@wboboxing.com

191016 CC PB Promoters – Murdock vs. Parker PDF Version

Luis Batista-Salas, Esq.
Chairman
Championship Committee

1056 Muñoz Rivera Avenue, San Juan, Puerto Rico 00927
Ph: +1 (787) 765-4444 * Fax: +1 (787) 758-9053
E-mail: lbs@wboboxing.com * Website: www.wboboxing.com

October 2nd, 2019

Re: WBO MIDDLEWEIGHT CHAMPIONSHIP NEGOTIATION LETTER
DEMETRIUS ANDRADE vs. STEVEN BUTLER
Gentlemen:

Please be advised the parties have thirty (30) days to negotiate an agreement for the WBO Middleweight Championship bout between Demetrius Andrade vs. Steven Butler. If an accord is not reached within the time frame, a Purse Bid will be ordered.

The minimum acceptable bid for the Middleweight division is $200,000.00 (Two Hundred Thousand Dollars).

Anyone of the parties involved may call for a purse bid at any time during the Negotiation process.

Yours truly,

Luis Batista Salas, Esq.

C/c Francisco Valcárcel, Esq.

Demetrius Andrade vs. Steven Butler PDF

Luis Batista Salas, Esq.
Chairman
WBO Championship Committee 
 September 9^th 201

VIA EMAIL: 

Re: WBO Super Middleweight Elimination Contest
Erik Bazinyan vs. Rohan Murdock 

Gentlemen:

Please be advised that the parties have fifteen (15) days upon receipt of this letter to negotiate and reach an agreement regarding the WBO Super Middleweight Elimination contest between the above-mentioned contestants. Within the next seventy-two (72) hours upon receipt of this letter, both contestants must confirm in writing if they are available, willing and able to participate in the subject contest as ordered by this Committee. If any of said participants does not comply with the provisions set forth herein, the WBO World Championship Committee will determine and select the next available contender and proceed accordingly. Furthermore, if an accord is not reached within the time frame established herein, a Purse Bid will be ordered pursuant with the WBO Regulations of World Championship Contests.

The minimum acceptable bid for the WBO Super Middleweight Division is $300,000.00 (Three Hundred Thousand Dollars). Any of the parties involved may request a purse bid procedure at any time during the negotiation process.

Yours truly,

Luis Batista Salas, Esq.
Cc: Francisco Valcárcel, Esq./President

Bazinyan vs. Murdock Negotiation Ltr PDF VERSION

PURSE BID MINUTES

WBO BANTAMWEIGHT CHAMPIONSHIP CONTEST
ZOLANI TETE VS. JOHN RIEL CASIMERO

Purse Bid was convened for Saturday, September 14th 2019, at 9:00 AM (PST) held at:

MGM Grand Hotel & Casino

Lobby Area

3799 S Las Vegas Blvd.

Las Vegas, NV 89109

Telephone: +1 (877) 880-0880

Purse Bid Attendees:

1. Francisco Valcárcel, Esq., WBO President, presiding purse bid procedures.
2. George Warren and Mr. Ben Murphy representing Zolani Tete on behalf of Queensberry Promotions.
3. Sean Gibbons representing John Riel Casimero from TGB Promotions.
4. Brendan Gibbons representing John Riel Casimero on behalf of TGB Promotions
5. Gustavo Olivieri, Esq., representing the World Boxing Organization (WBO).

The Purse Bid Notice was issued on Thursday, September 5^th, 2019, for the date of Saturday, 14^th 2019, to all Bona-Fide Promoters. The Purse Bid officially began at 9:00 a.m.

Mr. Valcárcel, Esq., greeted everyone present.

Mr. Sean Gibbons representing Mr. Casimero, handed Mr. Valcárcel, Esq., an official authorization letter issued by Mr. Tom Brown President of TGB Promotions authorizing Mr. Gibbons to represent the aforementioned promotional company at the scheduled Purse Bid ceremony. Mr. Valcárcel, Esq., confirmed authorization.

Then, handed his first envelope, thus initiating the Purse Bid. The envelope containing a check in the amount of $1,000.00 (One Thousand Dollars).

Mr. Ben Murphy representing Mr. Tete, handed Mr. Valcárcel, Esq., his first envelope containing cash in the amount of $1,000.00 (One Thousand Dollars) to cover the Purse Bid Service Fee plus proof that they are a bona fide licensed WBO license.

Mr. Valcárcel, Esq., stated for the record they are bona fide WBO promoters.

Mr. Valcárcel, Esq., then indicated for the record that Mr. Gibbons, representing Mr. Casimero, was to provide a second envelope with the Purse Bid offer in the amount of $25,850.00 Dollars, representing 10% of the Purse Bid Amount of $258,500.00. The proposed sites for the bout are as follows: Texas, Minnesota, New York or Texas, with the proposed date(s) of October 26^th and November 2^nd 2019.

Then, Mr. Murphy, on behalf of Mr. Tete, handed Mr. Valcárcel, Esq., the second envelope that contained check in the amount of $30,100.00. Dollars, representing 10% of the Purse Bid Amount of $301,00). The proposed sites for the bout are London, Birmingham, and Leeds with the proposed date(s) of November 23^rd 2019. The Bid was awarded to Queensberry Promotions.

Mr. Valcárcel, Esq., then informed Queensberry Promitions, winner of the Purse Bid, regarding Section 11.2.4 of the WBO Regulations for World Championship Contests that provides, “…the date of the fight shall not be later than ninety (90) days or earlier than forty-five (45) days from the date of the Purse Bid…”

Finally, Valcárcel, Esq., stated the following conditions:

1. If the Champion is injured and depending on the type of injury and the needed recovery time, or is unavailable or refuses to fight, the WBO Championship Committee in accordance with the WBO Regulations, will declare the title “Vacant” and could recommend to the WBO Ratings Criteria that the former Champion be rated at the number one (1) position in the WBO Bantamweight Division in accordance with the ABC and WBO Ratings Criteria. Consequently, the Interim WBO Champion will be elevated to WBO Bantamweight Champion status.
2. If the WBO Interim Champion is injured, unavailable or refuses to fight, his title will be declared “Vacant” and the WBO Championship Committee could recommend to the WBO Ratings Committee that the former interim champion be rated at the number one (1) position in accordance with the ABC and WBO Ratings Criteria. The WBO Bantamweight Champion may be allowed a “Voluntary Fight” or the Committee may issue any other ruling pursuant with the WBO Regulations of World Championship Contests.
3. Signed contracts shall be filed to the WBO Offices within five (5) days of the adjudication of the Purse Bid.
4. 50% of the total proposed purse in the form of a certified check, cashier’s check, or money order payable to the WBO, or money in cash, in legal tender of the USA (dollars), shall be filed to the WBO offices within ten (10) days from the adjudication of the purse bid. The WBO offices shall allocate such funds in an escrow account accordingly.
5. Bout must be held no later than 90 days from the adjudication of the Purse Bid.
6. 75% of the total proposed purse shall be for WBO Bantamweight Champion Tete and the remaining 25% shall be for WBO Interim Bantamweight Champion Casimero.

Mr. Valcárcel, Esq., then congratulated the winner, Queensberry Promotions and thanked all present for their participation. The Purse Bid ended at 9:20 a.m.

TO: ALL BONA FIDE PROMOTERS
FROM: LUIS BATISTA SALAS, ESQ.
DATE: SATURDAY, SEPTEMBER 14TH 2019
RE: WBO BANTAMWEIGHT TITLE -PURSE BID- ZOLANI TETE VS. JOHN RIEL CASIMERO

As per Section 11 through 14 of the WBO Regulations for World Championship Contests (www.wboboxing.com) and as per promoter’s request, please be advised a Purse Bid will be held at 9:00 a.m. (PST) on Saturday, September 14th 2019, at the following venue:

MGM Grand Las Vegas Hotel
3799 Las Vegas, Blvd, Las Vegas, NV
89109, United States of America
Telephone: +1 (877) 880-0880
E-Mail: infonews@wboboxing.com

The minimum acceptable bid for the World Bantamweight Division is $100,000.00 US Dollars.

In accordance with the WBO Championship Rules & Regulations, the President, Francisco Valcárcel, Esq. will preside over the Purse Bid.

Any additional information, please visit our website at www.wboboxing.com or contact the WBO main office.

Purse Bid Promoters Tete vs. Casimero PDFv Version

Luis Batista Salas, Esq.
Chairman
WBO Championship Committee

Condominium First Federal | Suite 711-714 | 1056 Muñoz Rivera Avenue | San Juan, PR 00927

September 5th 2019
VIA EMAIL:

Re: WBO Bantamweight Championship Contest – Purse Bid Zolani Tete vs. John Riel Casimero

Gentlemen:

As per Section 11 through 14 of the enclosed copy of the WBO Regulations of World Championship Contests (www.wboboxing.com), please be advised that a Purse Bid will
be held at 9:00 a.m. (PST) on Saturday, September 14th, 2019, at the following venue:

MGM Grand Hotel & Casino
Lobby Area
3799 S Las Vegas Blvd.
Las Vegas, NV 89109
Telephone: +1 (877) 880-0880
E-mail: infonews@wboboxing.com

Pursuant with our WBO Regulations of World Championship Contests on Purse Bid procedures, be advised on the following:

The minimum acceptable bid for the WBO Bantamweight Division is $100,000.00 (One Hundred Thousand Dollars).

WBO President Francisco Valcárcel, Esq., will preside purse bid proceedings.

Kindly note the following provisions:

1. If the Champion is injured and depending on the type of injury and the needed recovery time, or is unavailable or refuses to fight, the WBO Championship Committee in accordance with the WBO Regulations, will declare the title is “Vacant” and could recommend to the WBO Ratings Committee that the former Champion be rated at the number one (1) position in the WBO Bantamweight Division in accordance with the ABC and WBO Ratings Criteria. Consequently, the Interim WBO Champion will be elevated to WBO Bantamweight Champion status.

2. If the WBO Interim Champion is injured, unavailable or refuses to fight, his title will be declared “Vacant” and the WBO Championship Committee could recommend to the WBO Ratings Committee that the former Interim Champion be rated at the number one (1) position in the Bantamweight Division in accordance with the ABC and WBO Ratings Critera. The WBO Bantamweight Champion may be allowed a “Voluntary” fight or the Committee may issue any other ruling pursuant with the WBO Regulations of World Championship Contests.

3. Signed contracts shall be filed to the WBO Offices within five (5) days from the adjudication of the Purse Bid.

4. 50% of the total proposed purse in the form of a certified check, cashier’s check or money order payable to the WBO, or money in cash, in the legal tender of the United States of America (dollars), shall be filed in an Escrow Account within ten (10) days from the adjudication of the Purse Bid.

5. Bout must be held no later than 90 days from the adjudication of the Purse Bid. Conversely, be advised that as result of then former WBO Bantamweight Champion Marlon Tapales’ inactivity, this Committee ordered an elimination bout to determine the Mandatory Challenger of the referenced division between Zolani Tete vs. Arthur Villanueva. On April 22nd 2017, Tapales lost his title at the scale due to exceeding the prescribed Bantamweight Division weight limit. Subsequently, this Committee sanctioned an Interim Championship Contest between the aforementioned contestants which also, was held on the same date at the Leicester Arena, Leicester, Leicestershire, United Kingdom. Tete defeated Villanueva via Unanimous Decision (UD) to win the Interim WBO Bantamweight Championship Title. Immediately thereafter, Tete was elevated to WBO Bantamweight Champion status and successfully defeated Siboniso Gonya via Knockout (KO); bout held at the SSE Arena, Belfast, Northern Ireland, United Kingdom.

Conversely, be advised that as result of then former WBO Bantamweight Champion Marlon Tapales’ inactivity, this Committee ordered an elimination bout to determine the Mandatory Challenger of the referenced division between Zolani Tete vs. Arthur Villanueva. On April 22nd 2017, Tapales lost his title at the scale due to exceeding the prescribed Bantamweight Division weight limit. Subsequently, this Committee sanctioned an Interim Championship Contest between the aforementioned contestants which also, was held on the same date at the Leicester Arena, Leicester, Leicestershire, United Kingdom. Tete defeated Villanueva via Unanimous Decision (UD) to win the Interim WBO Bantamweight Championship Title. Immediately thereafter, Tete was elevated to WBO Bantamweight Champion status and successfully defeated Siboniso Gonya via Knockout (KO); bout held at the SSE Arena, Belfast, Northern Ireland, United Kingdom.

Shortly thereafter, Tete successfully defended the aforementioned title against former WBO Flyweight and Jr. Bantamweight Champion Omar Narvaez via Unanimous Decision (UD); bout held at the SSE Arena, Belfast, Northern Ireland, United Kingdom. Afterward, Tete entered the Bantamweight Division Tournament held by World Boxing Super Series (WBSS) and faced Mikhail Aloyan winning via unanimous decision (UD); bout held in Ekaterinburg Expo, Ekaterinburg, Russia, on October 13th 2018. Then, Tete was scheduled to face former WBO Bantamweight and Jr. Featherweight Champion Nonito Donaire in a Unification Bantamweight Championship bout scheduled for April 27th 2019, at Lafayette, Louisiana, USA. In light of the tournament’s duration, lack of activity within the division, and considering the rights of all the contenders in the referenced division, the WBO World Championship Committee ordered an Interim Championship contest on April 16th 2019, between then ranked contenders Ricardo Espinoza and former WBO Jr. Flyweight Champion John Riel Casimero. The bout was held at the Dignity Health Stadium in Los Angeles, California, whereby Casimero won via Knockout (KO). Days before the bout, on April 24th 2019, Tete’s representatives informed the WBO that their fighter had suffered an injury in his shoulder and therefore, decided withdrawing from the referenced bout and WBSS tournament. Furthermore, on May 5th 2019, Queensberry Promotions on behalf of Tete filed via email an official medical certification confirming said injury, and advising that Tete would return to active training within 4-6 weeks. On July 11th 2019, Tete’s promotional representatives filed another medical certification indicating the status of said fighter’s recovery period and advising that the rehab period would extend until the month of September of the aforementioned year.

Considering Tete’s recovery extension period, the WBO sanctioned a “Voluntary” bout between WBO Interim Bantamweight Champion Casimero and contender Cesar Ramirez;bout held on Saturday, August 24th 2019, at San Andres Civic & Sports Center, District of Malate, Manila, Metro Manila, Philippines. Casimero successfully defended his title winning via Knockout (KO) in round ten (10). Moreover, on August 26th 2019, this Committee ordered commencement of negotiations between the Team Tete and Team Casimero whereby the parties where granted ten (10) days to reach an agreement.

Unfortunately, the parties could not reach an agreement and on Tuesday, September 3rd 2019, Mr. Sean Gibbons on behalf of MP Promotions, requested Purse Bid Procedures accordingly. Said request was also ratified by Mr. Andy Ayling of Queensberry Promotions on the same date.

In summary, Tete only fought on two (2) occasions during 2018, being his last fight on October 13th 2018. Thus far, Tete has not participate in active competition in over eleven (11) months whereas, Casimero won the Interim Bantamweight Championship and successfully defended said title. Therefore, having Tete fully healed and fit to box, and Casimero being designated Mandatory Challenger in the Bantamweight Division, this Committee has ordered that both contestants fight in order to determine only one WBO Bantamweight Champion. In light of the foregoing circumstances, and pursuant to Section 1(b)(1) (20)(c) of the WBO Regulations of World Championship Contests, and this Committee having the authority and discretion empowered by our rules, the WBO World Championship Committee determines as follows:

SECTION 1. WORLD CHAMPIONSHIP COMMITTEE

(b) The World Championship Committee shall have the following powers and discretion:

(1) To determine the format and venue for making any determination that is subject of the WBO World Championship Rules; and,

(20) To make or recommend exceptions or variations from the Rules as the World Championship Committee determines are necessary, and

(c) The above powers shall be interpreted to include any and all powers necessary, helpful or convenient to accomplish the purposes, policies, and intent of these rules.

SECTION 13. DIVISION OF PURSE BID FOR CHAMPIONSHIPS HELD PURSUANT TO PURSE BID

(a) The purse for Championship Contests held and completed pursuant to Purse Bids (except those Championship Contests involving situations described in Section (14)(e) hereof, the Purse Bid division for which shall be distributed as per Section (14)(e)(2) shall be distributed as follows:

(1)CHAMPIONSHIPS with an EXISTING CHAMPION

(A) In fights for the Title between the Champion and the Mandatory Challenger held in the country of origin, residence or nationality of the Champion, the Champion shall receive 75% of the purse and the Challenger shall receive the remaining 25%.

(B) In fights for the title held in any other country, the Champion shall receive 80% of the purse and the Challenger shall receive the remaining 20%.

Wherefore, the WBO Bantamweight Champion Zolani Tete shall receive 75% of the purse and the WBO Interim Bantamweight Champion John Riel Casimero (Mandatory Challenger) shall receive the remaining 25% of the purse.

If you have any questions or concerns, please do not hesitate to contact our main offices.

Yours truly,

Luis Batista Salas, Esq.
Cc: Francisco Valcárcel, Esq./President

Purse Bid Notice Tete vs. Casimero PDF Version

COMPLAINT AND GRIEVANCE COMMITTEE

Appeal of Dillian Whyte

Award

INTRODUCTION

This Appeal was referred to the WBO Complaint and Grievance Committee (“Committee”) on July 8th, 2019. The Initial Docketing and Scheduling Conference Call was scheduled for July 19th, 2019, but as requested by Petitioner Dillian Whyte (“Whyte” or “Petitioner”), was rescheduled for July 30th, 2019.

On July 22nd, 2019 Alexsander Usyk (“Usyk”) filed a Motion to Dismiss. Whyte was granted until July 26th, 2019 to file his position regarding Usyk’s Motion to Dismiss.

During the Initial Docketing and Scheduling Conference Call held on July 30th, 2019, (i) Whyte requested leave to file its response to the Motion to Dismiss on or before July 31st, whichwas granted, (ii) the parties were granted until July 31st to file additional submissions or documentary evidence and (iii) the parties agreed that the Committee could issue this Award without celebrating an evidentiary hearing, based on the pleadings, submissions, briefs and documentary evidence in the docket.

Whyte filed his response to the Motion to Dismiss, additional submissions and documentary evidence on July 30th and 31st, respectively; while Usyk filed additional submissions on July 31st.

On August 1st, 2019 the Committee issued an Order granting the parties until the next day to express their respective positions regarding (i) whether the Committee may take notice of the fact that Whyte was provisionally suspended by the WBC pending investigation into a failed drug test and (ii) what effect, if any, this fact has on, among other things, the remedy requested by Whyte in this Appeal. Both parties filed positions on this matter within the deadline granted. Therefore, the Appeal was finally submitted for adjudication on August 2nd, 2019.

FACTS

1. On January 27th, 2018 Usyk unified the WBO/WBC Jr. Heavyweight Championship titles as part of the World Boxing Super Series Jr. Heavyweight Semifinals and defended successfully his WBO Jr. Heavyweight Championship for a fourth (4) consecutive occasion.

2. On July 21st, 2018 Usyk made history becoming the first ever Undisputed Jr.Heavyweight Champion of the World, winning all four titles of the principal boxing organizations and major sanctioning bodies (WBO, WBC, WBA and IBF).

3. After considering Usyk’s professional accomplishments and amateur track record, on July 24th, 2018 the WBO Championship Committee issued a Resolution designating him as WBO Super Champion.

4. On March 8th, 2019 Whyte’s team sent an email to WBO President Francisco ‘Paco’ Valcarcel (“WBO-President”) requesting that Whyte be designated as the Mandatory Challenger in the Heavyweight Division without further delay.

5. On March 11th, 2019 WBO-President responded to Whyte’s request and stated the following: “Wherefore, we regrettably cannot grant your request at this time. Nonetheless, we strongly advise keeping Mr. Whyte active in competition.”

6. On June 2nd, 2019, John Hornewer, Esq., on behalf of Usyk, sent a letter to WBO-President requesting that Usyk, as WBO Super Champion, be designated as the Mandatory Challenger in the Heavyweight Division. Usyk also informed that he was surrendering the WBO Cruiserweight Championship.

7. On June 3rd, 2019 the WBO Championship Committee approved Usyk’s request to be designated as the Mandatory Challenger in the Heavyweight Division.

8. On June 4th, 2019 the WBO Championship Committee sent a communication to Whyte as follows:

On Monday, June 3rd, 2019, the World Boxing Organization (WBO) acknowledge receipt of an email communication submitted by Mr. John Hornewer, Esq., on behalf of WBO Super Champion Mr. Oleksander Usyk, whereby the WBO World Championship Committee was forwarded a request letter and application form regarding official designation of Mr. Usyk as WBO Challenger in the WBO Heavyweight Division. Further, said request was duly notified by email to you and your team representatives, respectively.

On Tuesday, June 4th, 2019, the WBO acknowledge receipt of an email communication reply on your behalf confirming receipt of Mr. Usyk’s Mandatory Challenger Designation request and in turn, formally requesting that the WBO refrained from undertaking any deliberations on the referenced matter in order to consider Mr. Usyk’s petition and reply accordingly.

In light of your request, the WBO World Championship Committee hereby orders you and all interested parties to expose their respective positions and arguments regarding Mr. Usyk’s Mandatory Challenger request within the following non-extendable ten (10) day period. The time frame set forth herein triggers officially upon receipt of this letter.1

9. On June 22nd, 2019 the WBO Championship Committee issued a Resolution designating Usyk “as the Mandatory Challenger of the WBO Heavyweight Division in accordance with the privileges and rights afforded pursuant to his WBO Super Champion status recognition.”

10. On July 5th, 2019, Whyte filed this Appeal with the WBO-President requesting that the Resolution issued on June 22nd, 2019 by the WBO Championship Committee be reversed and that Petitioner be reinstated as the #1 ranked challenger in the Heavyweight division.

11. On July 20th, 2019, Whyte defeated Oscar Rivas and became the WBC Interim Heavyweight World Champion.

12. Shortly after defeating Rivas and becoming the WBC Interim Heavyweight World Champion, Whyte was provisionally suspended by the WBC pending an investigation into an adverse finding in a drug test related to the Rivas match.

ANALYSIS

There is no doubt that Whyte and Usyk are bound by the WBO Regulations of World Championship Contests (“WBO-Regulations”) and that the WBO-Regulations apply to this
Appeal. See, §35(f) of the WBO-Regulations.

“It is the policy of the World Boxing Organization to encourage its Champions to pursue recognized status as undisputed World Champions and to unify the Championships of the four major world sanctioning organizations (the WBO, WBA, WBC and IBF).” See, §14(a) of the WBO-Regulations. One of the elements considered by the WBO in determining whether a boxer deserves the designation of Super Champion is “if the prospective Super Champion has unified the championships of more than one (1) of the four (4) major world sanctioning bodies.” See, §14(a)(5)(C) of the WBO-Regulations.

Boxers who are designated with the status of Super Champions qualify for certain rights and privileges under the WBO-Regulations. Among others, “[i]f requested by a Super Champion, the Championship Committee may designate the Super Champion as the Mandatory Challenger for the immediate higher or lower division.” See, §14(d)(2) of the WBO-Regulations. As such, the discretionary power granted to the WBO Championship Committee to grant the request of a WBO Super Champion to be designated as the Mandatory Challenger in the immediate higher division is clear.

Therefore, the standard of review to be used by this Committee to evaluate an appeal questioning a determination of the WBO Championship Committee granting the request of a Super Champion to be designated as the Mandatory Challenger in the immediate higher division is abuse of discretion.

Although it is generally difficult to formally define the concept ‘abuse of discretion’, it definitely requires the analysis of whether the questioned determination is reasonably supported by the record. It requires the adjudicator to draw a line between (i) the plain error, disorder of reason, severe lapse of judgment and procedural failure, and (ii) the simple disagreement with the result.

After carefully reviewing the parties’ submissions, the uncontested facts, and documentary evidence, it is evident that the WBO Championship Committee did not abuse its discretion in
granting Usyk’s request to be designated as the Mandatory Challenger in the Heavyweight Division.

It is an uncontested fact that Usyk became the first ever Undisputed Jr. Heavyweight Champion of the World in July 21st, 2018, winning all four titles of the major sanctioning bodies. Also, Usyk unified the WBO/WBC Jr. Heavyweight Championship titles. After considering those professional accomplishments and his amateur track, Usyk was designated as WBO Super Champion. Usyk’s status as a Super Champion along with his fighting record provides strong support for the WBO Championship Committee’s decision, as both prove that Usyk is a “class boxer.”

Usyk’s designation as Mandatory Challenger of the WBO Heavyweight Division is strongly supported by the record. The WBO Championship Committee issued a determination in full compliance of its faculties pursuant to the WBO-Regulations and WBO’s policies, specifically those related to boxers designated as Super Champions.

While Whyte’s record is impressive and could support the designation as a Mandatory Challenger, the role of the Committee is not to say whether it would have reached a different conclusion; only whether the WBO Championship Committee is reasonably supported by the record. Accordingly, there is no basis to reverse the WBO Championship Committee’s determination designating Usyk as the Mandatory Challenger in the Heavyweight Division.

Although we need go no further in affirming the WBO Championship Committee’s Resolution and to deny Whyte’s Appeal, we stress that Petitioner’s victory over Rivas and provisional suspension by the WBC counsels in the same direction.

If Whyte is permanently suspended by the WBC, the WBO Championship Committee would have ample discretion to take measures against Whyte. To this effect, the WBO encourages and expects that its boxers “be an example of the highest ideals and spirit of sportsmanship.”2 These characteristics are incompatible with the use of drugs or stimulants before or during a contest.3

Conversely, if Whyte is otherwise confirmed as the WBC Interim Heavyweight World Champion, he will be bound by the WBC Rules & Regulations (“WBC-Regulations”), which state that “a WBC Interim World Champion shall be considered a true WBC World title for all purposes, other than with respect to a bout versus the actual World Champion, absent any order to the contrary from the WBC in its sole discretion.” See, §3.22 of the WBC-Regulations.

As a true WBC World title holder, Whyte will be able to defend its WBC title with a champion of the WBO only “with the approval of or ratification by a majority of the [WBC] Board of Governors”. See, §3.3(b)(v) of the WBC-Regulations. Therefore, if Whyte is confirmed as the WBC Interim Heavyweight World Champion, the WBO cannot rank him as Mandatory Challenger in the Heavyweight Division without the prior approval of or ratification by the majority of the WBC Board of Governors. However, even with the approval of the WBC Board of Governors, any attempt by Whyte to challenge the WBO Heavyweight World Champion under those circumstances, would be consider a Unification Bout under §7 of the WBO-Regulations, which also discards the possibility of considering him to be a Mandatory Challenger in the WB Heavyweight Division.

Moreover, ordinarily the WBO and the other principal boxing organizations –WBC, IBF and WBA- do not include in their rankings a World Champion -whether Regular, Super or Interim of another organization for obvious reasons. This means that if confirmed as the WBC Interim Heavyweight World Champion, and therefore considered a true WBC World title holder in the Heavyweight Division, Whyte cannot be included in the rankings nor considered a Mandatory Challenger in the WBO Heavyweight Division.

Consequently, there is no feasible scenario under Whyte’s current circumstances in which he may be designated as the Mandatory Challenger of the WBO Heavyweight Division.

CONCLUSION

Whyte’s appeal is DENIED and the WBO Championship Committee Resolution issued on June 22, 2019 is AFFIRMED. The parties are advised that, pursuant to §3 of the WBO-Regulations, this Award constitutes the final decision on the merits of this controversy.

The parties are further advised that pursuant to §35 of the WBO-Regulations they may enforce or seek review of this Award solely before the United States District Court for the District of Puerto Rico or the Court of First Instance of the Commonwealth of Puerto Rico, under the terms provided by the United States Arbitration Act, 9 U.S.C. §§1-16; the Puerto Rico Commercial Arbitration Act, P.R. Laws Ann. tit. 32, §§3201-3229; the Inter-American Convention on International Commercial Arbitration, July 30, 1975, 8 U.S.T. 2043; the Convention on the Recognition and Enforcement of Foreign Arbitration Awards, June 10, 1958, 21 U.S.T. 2517; and applicable case law.

Served upon the parties today via e-mail: Neil Sibley, N.Sibley@valemuslaw.com; David Augustus García, Esq., david@garcialaw.org; John Hornewer, Esq., hornewer@hotmail.com; Egis Klimas, eklimas@hotmail.com; Alexander Krassyuk, gm@k2ukraine.com; Eddie Hearn, eddie.hearn@matchroom.com; Robert Smith, rsmith@bbbofc.com; London Boxing, dillianbox@gmail.com.

Issued today, August 15th, 2019.

/s/Fernando J. Gierbolini-González
Fernando J. Gierbolini-González, Esq.
Chairman

/s/ José R. Negrón-Fernández                      /s/Scott E. Gizer
José R. Negrón-Fernández, Esq.                     Scott E. Gizer, Esq.
Member                                                  Member

WBO AWARD PDF VERSION CLICK HERE

1. The WBO Championship Committee also sent this communication to: (i) David Augustus Garcia, Esq./Andy Ruiz Jr.; (ii) Neil Sibley/Dillian Whyte; (iii) Eddie Hearn/Matchroom Boxing; and (iv) Robert Smith/British Boxing Board of Control.
2 See, Preamble of the WBO-Regulations.
3 See, §§ 28 and 35(b) of the WBO-Regulations, among others.

PURSE BID MINUTES
WBO FEATHERWEIGHT PURSE BID
OSCAR VALDEZ vs. SHAKUR STEVENSON

Purse Bid was convened for Friday, August 2, 2019 at 9:00 AM EST held at:

Embassy Suites by Hilton Orlando
Lake Buena Vista South
Lobby Area
4955 Kyngs Heath Road,
Kissimmee, Florida, 34746
Telephone: +1 (407) 597-4000

Purse Bid Attendees:

1. Mr. Francisco Valcarcel, Esq., President, presiding
2. Mr. Brad Goodman representing Top Rank, Inc.
3. Mr. Miguel Diaz representing Top Rank, Inc.
4. Mr. Gustavo Olivieri, Esq., representing the WBO
5. Mr. Joe Hernandez representing the WBO

Before commencing the pruse bid procedures, Mr. Valcarcel tried to contact Mr. Frank Espinoza manager of WBO Featherweight Champion Mr. Oscar Valdez regarding official press reports indicating that Mr. Valdez was vacating the WBO Featherweight Championship Title. Mr. Espinoza could not be reached. Having the WBO not received any official communication and/or notice thereto, the purse bid procedures continued accordingly.

The Purse Bid Notice was issued on July 24, 2019, for the date of August 2nd 2019, to all WBO Bona-Fide Promoters. The Purse Bid officially began at 9:00 a.m. Mr. Valcarcel, Esq, greeted everyone present.

Mr. Goodman representing Top Rank, Inc. handed Mr. Valcarcel his first envelope, thus initiating the Purse Bid. The envelope containing a check in the amount of $1,000.00 (One Thousand Dollars) for the Purse Bid Service Fee and proof that they are a bona fide licensed WBO Promoter.

Mr. Valcarcel stated for the record that Top Rank, Inc. is a bona fide promoter.

Mr. Valcarcel then indicated for the record that Mr. Goodman was to provide a second envelope with the Purse Bid offer. Then, Mr. Valcarcel opened the second envelope belonging to the representative of Top Rank, Inc. that contained check in the amount of $150,000.00 (One Hundred Fifty Thousand Dollars), representing 10% of the Purse Bid Amount of $1,500,000.00. (One Million Five Hundred Thousand Dollars). The proposed sites for the bout are Newark, New Jersey and New York, with the proposed date(s) of October 25th 2019.

The Bid was awarded to Top Rank, Inc. for the amount of $1,500,000.00 (One Million Five Hundred Thousand Dollars).

Mr. Valcarcel then informed Mr. Goodman representative of Top Rank, Inc., winner of the Purse Bid, about Section 11.2.4 of the WBO Regulations for World Championship Contests that states, “…the date of the fight shall not be later than ninety (90) days or earlier than forty-five (45) days from the date of the Purse Bid…”

Finally, Mr. Valcarcel stated the following conditions:

1. If the Champion is injured and depending on the type of injury and the needed recovery time, the WBO Championship Committee, in accordance to the WBO Regulations, will decide if the title is vacated or an interim championship is ordered.

2. If the Challenger is injured or refuses to fight, he loses his position in the rankings and the WBO World Championship Committee can determine the next available contender, or it can order an Elimination bout with the two best available contenders, and the Champion can be permitted a Voluntary bout.

3. Signed contracts shall be filed to the WBO Offices within five (5) days upon the adjudication of the Purse Bid.

Mr. Valcarcel then congratulated the winner, Top Rank, Inc., and thanked all present for their participation. The Purse Bid ended at 9:10 a.m.
Section 13 (a) subsections (1) (A) and (B) of the WBO Regulations of World Championship Contests provides:

1. The Purse for Championship Contests held and completed pursuant to Purse Bids shall be distributed as follows:

(1) CHAMPIONSHIPS WITH AN EXISTING CHAMPION

(a) In fights for the Title between the Champion and the Mandatory Challenger held in the country of origin, residence or nationality of the Champion, the Champion shall receive 75% of the purse and the Challenger shall receive the remaining 25%.

(b) In fight for the Title held in any other country, the Champion shall receive 80% of the purse and the Challenger shall receive the remaining 20%.

Please be advised that the parties must comply fully with the WBO Regulations of World Championship Contests regarding Purse Bid procedures.

Cordially,
Francisco Valcárcel, Esq.
President

190802 Valdez vs. Stevenson Purse Bid Minutes VIEW PDF