BCCI Wins Legal Battle Against PCB
By Indian Cricket Fever
December 5 2018
The PCB somewhat Quixotically and in desperation tried to FORCE BCCI to pay it for India not playing Pakistan. The merits of the case brought by PCB were suspect and as most legal experts predicted, including the ex-PCB head Ehsan Mani it was likely to lose. And PCB did indeed lose. Besides the clear lack of merits of the case, if the ICC Dispute Resolution Panel had found for PCB it would have opend the door for other instances where a country has not played another due to political concerns. For example England and to a certain extent Australia would be liable to Zimbabwe for refusing to play it in the past, and in the case of England even today. The ICC did not want to open up that Pandora's Box either.
The BCCI has succeeded in the arbitration proceedings initiated against it by the Pakistan Cricket Board (“PCB”) before the Dispute Resolution Committee of the International Cricket Council (“ICC”). The Dispute Panel constituted by the ICC’s Dispute Resolution Committee for hearing and deciding the dispute comprising Mr. Michael Beloff QC (Chairperson), Mr. Jan Paulsson and Ms. Annabelle Bennett issued and published their arbitral award earlier today dismissing all claims made by the PCB against the BCCI.
The arbitration proceedings arose out of a claim for damages in the amount of US$ 62,868,070 (plus interest and costs) made by PCB against the BCCI for an alleged breach of a letter dated 9th April 2014 from BCCI to the PCB (the “BCCI Letter”) inter alia with regard to 2014 and 2015 tours to Pakistan which did not take place.
After hearing the evidence and arguments of the parties over three days in Dubai, the Dispute Panel by its award published today has rejected all of the PCB’s contentions and accepted the BCCI’s case inter alia on the ground that the BCCI Letter was non-binding and merely expressed an intention to play. The BCCI wholeheartedly welcomes the decision of the Dispute Panel. The BCCI will now move the Dispute Panel to recover its legal cost from the PCB.
The Committee of Administrators would like to thank the ICC, the members of the Learned Members of the Dispute Panel as also Mr. Salman Khurshid, Mr. Shashank Manohar, Mr. Sanjay Patel, Prof. Ratnakar Shetty and Mr. Sundar Raman, who were the BCCI’s witnesses in the proceedings.
Welcoming the verdict,Mr Vinod Rai, Chairman, CoA, said, “I’m particularly very appreciative of the efforts of the BCCI Legal team, the Cricket Operations team and the CEO who represented us. They prepared well and took all the precautions. I would also like to thank Mr Ian Mill QC, Herbert Smith Freehills LLP and Cyril Amarchand Mangaldas along with the people who represented BCCI at the hearing.
“We look forward to continue playing cricket with all the ICC member countries.”
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Edited 1 time(s). Last edit at 2018:12:06:20:40:08 by Birbal.