Tom Wilson’s saga: Shyam Das selected as neutral arbitrator

The next step in Tom Wilson’s saga is going to a neutral arbitrator to appeal his 20 game suspension.

Washington Capitals forward Tom Wilson’s drama continue to unfold this week as Commissioner Gary Bettman reaffirmed on Friday his previous determination of a 20 game suspension.

Wilson was suspended at the beginning of October in the last of the preseason games for the Washington Capitals due to an “illegal check to the head” of the St. Louis Blues center Oskar Sundqvist. Later, represented by the National Hockey League Player Association he appealed in a seven-hour in-person hearing in New York which was upheld by Gary Bettman last Friday. The NHLPA immediately decided to take Wilson’s case to a neutral arbitrator.

Why a neutral arbitrator now?

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The article 18.13 of the Collective Bargaining Agreement between the NHLPA and the NHL provides for the option that whenever a player is not satisfied with the Commissioner’s appeal determination they have the can take the appeal to a neutral arbitrator within 7 days of the Commissioner’s appeals decision being issued.

18.13 Appeals to Neutral Discipline Arbitrator.(a) If the Commissioner determines that the Player’s suspension is six (6) or moreNHL Games, after an appeal pursuant to Section 18.12 above, the NHLPA, on the Player’sbehalf, may file an appeal of the Commissioner’s determination to the Neutral DisciplineArbitrator (“NDA”).

There is no standard math to determine the number of games for a suspension or any kind of parameter to impose a sanction over a player after being decided that he violated a Rule. Leaving the determination of the amount of games suspension to be extremely subjective and on the hands of Commissioner Gary Bettman.

Shyam Das as neutral arbitrator

Shyam Das has been selected as the arbitrator for Tom Wilson’s appeal. Das will meet with the NHLPA and Wilson on next Wednesday October 31st.

Having Shyam Das as arbitrator on Halloween day….Lucky charm or Bad Omen?

It’s a smart strategic legal move from Wilson’s representation team. Certainly, we know that arbitrator Das will have a lot of pressure about the determination in this case as he recently lower Austin Watson 27-game suspension to 18-games for domestic violence allegations.

The precedent of Shyam Das, who previously served for many years as an arbitrator for the MLB and NFL, shows that he has a condescending set of mind and normally believes in reducing the previous disciplinary determination made by the leagues.

Is Tom Wilson paying his cards rights by choosing Shyam Das as the arbitrator for his appeal?

Definitely YES! Shyam Das determination will have two opposite reactions. If he decides to sustain the 20-game suspension he will infuriate the vast majority of the NHL followers, as he, with this will show that a domestic violation is not as serious as an alleged “illegal check to the head”. On the other hand, if he decides to lower the suspension, once again he will cause discontentment from the NHL and the possibility of losing his job.

History has showed us that Das could care less about pleasing any sport league and losing his job. In 2012, the Yale Law School graduate lost his job from the MLB after serving for 13 years as arbitrator. The MLB made this decision a couple of months after he overturned Ryan Braun drug suspension.

We shall see what happens this week on Tom Wilson’s saga.