BCCI vs PCB at the ICC Disputes Resolution Committee, Is the decision fixed to screw BCCI?

[Kothili]

On 9/30/2018 at 1:52 AM, Malcolm Merlyn said:

The ICC hearing in the matter is scheduled from October 1 to 3.

A day before India meet Pakistan on the cricket pitch, the BCCI geared for an off-the-field battle with the PCB by hiring a Dubai-based law firm and a British lawyer for next month’s ICC hearing on the compensation claim filed by the Pakistan Board.
Pakistan has claimed damages of approx Rs 447 crore for India not playing any bilateral cricket with them despite a Memorandum of Understanding (MoU), which guarantees six bilateral series between 2015 and 2023. The BCCI has asserted that the MoU is not binding on them and the PCB failed to honour some of the commitments made in the document.
The ICC hearing in the matter is scheduled from October 1 to 3.
“The BCCI has hired Dubai-based law firm Herbert Smith Freehills along with British Lawyer QC Ian Mills to represent us at the Dispute Resolution Committee hearing. Since the case is happening in Dubai, we needed a Dubai-based law firm. Also, the ICC follows British law so, QC Ian Mills is on board. We will fight this case till finish,” a senior BCCI official told PTI Tuesday.
The BCCI held a meeting with its legal team in Dubai which was attended by acting secretary Amitabh Chaudhary and CEO Rahul Johri.
“Look, the PCB has been fighting this case based on a one-page letter signed by erstwhile secretary Sanjay Patel which stated that we are ready to play six bilateral series in an eight-year cycle. Now there were a few terms and conditions applicable for the series to become a reality,” the official said.
“That letter had a specific condition that BCCI will play bilateral series against Pakistan only if the PCB votes for the revenue sharing model and ‘Big Three’ Concept at the ICC Board meeting.
“However, the PCB voted against the plan which means they voted against India. So, our agreement was based on Pakistan’s acceptance and it fell through. So where’s the question of compensation,” said the official.
The PCB is also irked that India didn’t choose them as one of the six teams for the World Test Championship.
When queried, the official replied: “They voted for a four-year FTP cycle (bilateral series) from the existing eight-year cycle and we decided on our six opponents for the World Test Championship. I think it’s a fair deal.”
“Also, we have time and again maintained that any bilateral series with Pakistan is subject to approval from Government of India. We cannot move ahead if we don’t get government nod,” he added.

They should ask PCB and ICC to go F themselves. National directive trumps everything else.

Edited October 4, 2018 by Kothili

[Vilander]

4 hours ago, sandeep said:

Are you aware that FIFA bans football federations if they decide that there is too much government interference?  

 

Bottomline, BCCI by virtue of membership of the ICC, has agreed to to abide by the rules and policies of the ICC.  And will have to accept this farce of a verdict that can't be appealed.  

Sure but FIFA does not make 80% of its revenues from any single federation if say Europe was a country and had one federation then FIFA won't look to ban it.  Icc bcci does not have a parallel in football world. 

[Malcolm Merlyn]

ICC can simply re-direct the money from BCCI share of ICC revenue.  There are umpteen 'legal' ways to do it.  Question is of will.  And unfortunately, while the BCCI was busy fighting internal battles, it has lost a major battle at the ICC.  One that has impact beyond this 'verdict', regardless of what it is.

And indian team can simply refuse to turn up for the icc tournament.

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[Malcolm Merlyn]

Are you aware that FIFA bans football federations if they decide that there is too much government interference?  
 
Bottomline, BCCI by virtue of membership of the ICC, has agreed to to abide by the rules and policies of the ICC.  And will have to accept this farce of a verdict that can't be appealed.  

Foreign policy and laws have to be followed. Fifa cant do anything about it. Teams boycott Israel many times.

Laws of the land trump any such laws of sporting bodies. WADA has had to face many such thrashings in courts.

The "unappealable" judgement isnt really unappealable. All such arbitration awards are subject to being rejected if they are againist the laws of the country its applied in. Thats part of the 1996 arbitration act.

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[Khota]

There is no such thing as binding under these circumstances. It is all up for arbitration if there are some good lawyers involved. It does point out to the fact that PCB is a snake in the grass. Be careful otherwise they will bite you with a poisnous venom.

[Vilander]

5 hours ago, Malcolm Merlyn said:

 

 

Foreign policy and laws have to be followed. Fifa cant do anything about it. Teams boycott Israel many times.

Laws of the land trump any such laws of sporting bodies. WADA has had to face many such thrashings in courts.

The "unappealable" judgement isnt really unappealable. All such arbitration awards are subject to being rejected if they are againist the laws of the country its applied in. Thats part of the 1996 arbitration act.

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Unappealable to the panel..they do not have right to say anything about a court appeal.

[Khota]

19 minutes ago, Vilander said:

Unappealable to the panel..they do not have right to say anything about a court appeal.

Good lawyer and money can have this thing going on for decades. If PCB thiks they will get $70 mn then they need their head examined more than anything else.

[sandeep]

9 hours ago, Malcolm Merlyn said:

And indian team can simply refuse to turn up for the icc tournament.

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It was easier for BCCI to threaten that for CT, not so easy to do the same for the WC.  Even locals will not support such a drastic move.  

[Malcolm Merlyn]

5 hours ago, sandeep said:

It was easier for BCCI to threaten that for CT, not so easy to do the same for the WC.  Even locals will not support such a drastic move.  

 

Drum up the Pakistan bogey and people will line up to burn ICC effigies.

[zen]

ICC verdict (Zen's version) 

 

• Both PCB and BCCI work out the FTP schedule based on a mutually agreeable scenario and subject to the approval of respective governments (which means no further discussions on this matter) 
• Force Majeure clause is applicable here. Therefore BCCI is not liable for any financial implications. Additionally, PCB is not the only financial victim as BCCI lost income too as it could not host Pak in Ind 

 

 

 

[sandeep]

4 hours ago, Malcolm Merlyn said:

 

Drum up the Pakistan bogey and people will line up to burn ICC effigies.

Sure, but after a few days of effigies, majority of cricket fans won't want the BCCI to boycott the ODI World Cup.  That's the issue, boycotting the ODI WC is an empty threat.  

[Malcolm Merlyn]

Sure, but after a few days of effigies, majority of cricket fans won't want the BCCI to boycott the ODI World Cup.  That's the issue, boycotting the ODI WC is an empty threat.  

No its not. Tell people how icc is funding pakistan and terrorism in india indirectly. They will not look at the WC. Without India there will not be a WC.

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[mishra]

On 10/4/2018 at 12:01 AM, sandeep said:

ICC can simply re-direct the money from BCCI share of ICC revenue.  There are umpteen 'legal' ways to do it.  Question is of will.  And unfortunately, while the BCCI was busy fighting internal battles, it has lost a major battle at the ICC.  One that has impact beyond this 'verdict', regardless of what it is.

Dont think damage is done. Not a single member from current BCCI management attended the hearing.

It was all from Snake Manohar BCCI / UPA era people

[nagraj85]

I say just play as many bilaterals against pak as possible both one-dayers and tests and get the head to head record in India's favor as soon as possible. Then you can stop playing bilaterals against them. But they will never do that. They would keep the head to head record in pak's favor always. At least arrange a couple of test series vs pak. In tests india is only 3 behind. So it can be easily changed in favor of india. In one-dayers it will take time.

Edited October 6, 2018 by nagraj85

[zen]

2 minutes ago, nagraj85 said:

I say just play as many bilaterals against pak as possible both one-dayers and tests and get the head to head record in India's favor as soon as possible. Then you can stop playing bilaterals against them. But they will never do that. They would keep the bilateral record in pak's favor always.

H2H, who cares  .... many teams have a better H2H vs Ind 

[nagraj85]

Just now, zen said:

H2H, who cares  .... many teams have a better H2H vs Ind 

Pak is not one of those many teams. It is a special case for India.

[zen]

Just now, nagraj85 said:

Pak is not one of those many teams. It is a special case for India.

It is a "special case" for folks like you because you treat is as one .... Stop giving undue importance to Pak 

[nagraj85]

1 minute ago, zen said:

It is a "special case" for folks like you because you treat is as one .... Stop giving undue importance to Pak 

We do not treat them as special but they treat us as one. They always being up the H2H thing. So need to settle it.

[zen]

3 minutes ago, nagraj85 said:

We do not treat them as special but they treat us as one. They always being up the H2H thing. So need to settle it.

That is like inviting Ind into a trap (as PCB makes money from us) .... If we rectify H2H, they will find something else (and folks like you are going to play in to their hands by trying to rectify that) 

[nagraj85]

9 hours ago, zen said:

That is like inviting Ind into a trap (as PCB makes money from us) .... If we rectify H2H, they will find something else (and folks like you are going to play in to their hands by trying to rectify that) 

don't worry. People like us are strong enough to not play into anyone's hands. We just want the H2H record to be corrected. Pak would not have any other thing to bank on after that.

Edited October 7, 2018 by nagraj85