ICC throws out PCB’s $70m claim against BCCI

Author: Muhammad Ali

LAHORE: The International Cricket Council (ICC) on Tuesday dismissed the Pakistan Cricket Board’s (PCB) $70 million compensation claim against the Board of Control for Cricket in India (BCCI) for allegedly not honouring bilateral series agreement between the archrivals. “The ruling, passed by a three-member panel of the ICC’s Dispute Resolution Committee (DRC), ‘is binding and non-appealable,” said a media release of the ICC. The PCB had sought damages from the BCCI for not honouring an agreement the two boards had signed in 2014 to play six bilateral series over eight years between 2015 and 2023. The PCB had demanded damages of $70 million from the cash-rich BCCI for India’s refusal to play. The BCCI officials maintained that the decision to play Pakistan depended on the Indian Prime Minister’s office. On the other hand, the PCB claimed that the MoU was binding. “Following a three-day hearing and having considered detailed oral and written submissions, the Dispute Panel has dismissed the PCB’s claim against the BCCI,” the ICC added in the statement.

DRC decision a ‘disappointment,’ says PCB: The PCB, in a press statement, termed DRC’s decision a “disappointment”. “Following a lengthy disputes resolution process, the announcement of the decision today has come as a disappointment for PCB,” the statement read. The statement added that the board would decide its future course of action “after detailed deliberations and consultation with its stakeholders.” Cricket between the bitter South Asian neighbours has been limited because of their longstanding political problems. They last played a bilateral series in 2012-13, when Pakistan toured India for two Twenty20 games and three one-day internationals. It was their first series since the 2008 Mumbai attacks, when militants went on a killing spree that left 166 people dead in India’s financial capital. India has since refused to play Pakistan outside of ICC events like the World Cup and Champions Trophy.

The ICC panel, comprising Michael Beloff, Jan Paulsson and Dr Annabelle Bennett, conducted hearings between October 1-3 with several officials from both boards as well as senior ICC officials attending. The central question the DRC had to consider was whether the BCCI had indeed breached the agreement to play seven bilateral series between 2014 and 2023. India’s former external affairs minister Salman Khurshid was among those who was cross-examined during the dispute panel hearing. According to a senior BCCI official, he justified India’s refusal to play bilateral cricket with Pakistan, citing security concerns. It is interesting to note that the BCCI had also argued that the MoU was no longer legally binding as the PCB didn’t support BCCI’s ‘Big Three’ revenue sharing model where India, Australia and England would have got bigger share of the profit pie. “There is no question of even paying a single penny to the PCB. They went back on their promise. The agreement was based on their support for our revenue model,” a senior BCCI official was quoted as a saying by the India Today last month.

The ICC is the global governing body for cricket. Representing 104 members, the ICC governs and administrates the game and is responsible for the staging of major international tournaments including the ICC World Cup and Women’s World Cup, ICC Champions Trophy and the ICC Men’s and Women’s World T20. The ICC presides over the ICC Code of Conduct which sets the professional standards of discipline for international cricket, playing conditions, bowling reviews and other ICC regulations. The Laws of the game remain under the auspices of the MCC.

Published in Daily Times, November 21st 2018.

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