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

[Vilander]

33 minutes ago, nagraj85 said:

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.

Head to head is not really a valuable stat it offers very little meaningful basis for analysis just some commentary talking point,  seasonal or 5 years stats are more meaningful based on team relative strengths.  

 

Besides wanting to change any stat is not a valid reason to stop or resume any sporting relations with pak.

[mishra]

Quote

Well informed sources from Dubai told Dawn that BCCI’s defence appeared quite weak on both the major points raised during the hearing. The BCCI took the plea that its government did not allow its cricket team to play Pakistan in the bilateral series. However, since this point is not mentioned in the MoU, so raising it as an after-thought does not augur well for the BCCI in the case.

...

Sources further said that BCCI’s second point that the Indian team could not travel to Pakistan on security grounds, since no major country has visited there in the last ten year, also failed to carry weight as the PCB time and again offered the BCCI to hold their part of the series in the UAE or at a neutral venue.

“According to the MoUs, four full home series with Pakistan were to be played in the UAE, from 2015 to 2023, in exchange for PCB agreeing to vote for the Big Three resolutions whereby India was expected to reap huge financial benefits,” sources close to the officials who appeared from Pakistan in the hearing told Dawn.

https://www.dawn.com/news/1436828

 

So even they know they backtracked. Its just that as @sandeep mention, they are now weakening BCCI in the eyes of ICC.

But how deep and low will they get just to make ICC one up over India

[Khota]

3 hours ago, mishra said:

https://www.dawn.com/news/1436828

 

So even they know they backtracked. Its just that as @sandeep mention, they are now weakening BCCI in the eyes of ICC.

But how deep and low will they get just to make ICC one up over India

"Well informed sources from Dubai told Dawn that BCCI’s defence appeared quite weak on both the major points raised during the hearing. The BCCI took the plea that its government did not allow its cricket team to play Pakistan in the bilateral series. However, since this point is not mentioned in the MoU, so raising it as an after-thought does not augur well for the BCCI in the case."

 

Any first year law student can rip the above argument apart. Where does it mention in the MoU that India will end up paying them $70 mn if the series does not take place. Going by same arguement why should India pay them anything? The Mou does not state explicitly that there are monetary losses attached to this.This is third rate journalism by Dawn. I think BCCI had a very good team and they know what they are doing.

This case will be decidec by precedence. if there is no legal basis and precedence then PCB can go fly a kite. 

[Vilander]

This thread needs a bump...to lol hard.

[zen]

On 10/2/2018 at 9:57 AM, zen said:

I do not know why PCB is pursuing this and wasting everyone’s time  

 

 

On 10/3/2018 at 8:47 AM, zen said:

Have PCB thugs been kicked out by ICC?

 

On 10/4/2018 at 6:26 PM, zen said:

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 

 

 

 

 

Outcome as predicted

[Khota]

On 10/7/2018 at 1:53 PM, Khota said:

"Well informed sources from Dubai told Dawn that BCCI’s defence appeared quite weak on both the major points raised during the hearing. The BCCI took the plea that its government did not allow its cricket team to play Pakistan in the bilateral series. However, since this point is not mentioned in the MoU, so raising it as an after-thought does not augur well for the BCCI in the case."

 

Any first year law student can rip the above argument apart. Where does it mention in the MoU that India will end up paying them $70 mn if the series does not take place. Going by same arguement why should India pay them anything? The Mou does not state explicitly that there are monetary losses attached to this.This is third rate journalism by Dawn. I think BCCI had a very good team and they know what they are doing.

This case will be decidec by precedence. if there is no legal basis and precedence then PCB can go fly a kite. 

 

4 hours ago, Vilander said:

This thread needs a bump...to lol hard.

I am glad you bumped it up.

 

I have no legal background but see my response on 10/7/2018. Pat on the back moment.

[mishra]

6 hours ago, Khota said:

 

I am glad you bumped it up.

 

I have no legal background but see my response on 10/7/2018. Pat on the back moment.

We now know that MoU is not a contract. Lets hope that PCB continues with its comedy and sues BCCI for lawyers bill and ICC for siding with India

[motomaverick]

6 hours ago, mishra said:

We now know that MoU is not a contract. Lets hope that PCB continues with its comedy and sues BCCI for lawyers bill and ICC for siding with India

BCCI To File Counter Case To Recover Legal Cost From PCB

https://www.outlookindia.com/website/story/bcci-to-file-counter-case-to-recover-legal-cost-from-pcb/320470

 

[mishra]

2 hours ago, motomaverick said:

BCCI To File Counter Case To Recover Legal Cost From PCB

https://www.outlookindia.com/website/story/bcci-to-file-counter-case-to-recover-legal-cost-from-pcb/320470

 

Kudos to that law firm which convinced  PCB that they have a case. Dont know exact figure but somewhere i read that PCB paid a million or  more to that law firm

[Switchblade]

Quote

https://indianexpress.com/article/sports/cricket/premise-for-demanding-compensation-from-bcci-was-not-conclusive-pcb-chief-ehsan-mani-5458990/

Pakistan Cricket Board chairman Ehsan Mani admitted that they didn’t have all ends covered while claiming Rs 447 crore compensation from the BCCI which is the reason why they lost the arbitration case heard by ICC’s Dispute Resolution Committee.

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The PCB had claimed a hefty compensation from BCCI alleging that they didn’t honour an alleged Memorandum of Understanding where six bilateral series between 2015-2023 was agreed.

The BCCI always maintained that the one page letter signed by erstwhile secretary Sanjay Patel was only a letter of intent and they could possibly have never played without government permission due to prevailing tension between the neighbouring countries.

“It is disappointing. The fact is that before filing the case the PCB had consulted the queens counsel lawyers in England and were advised that the claim for compensation was strong and on this basis the PCB went into arbitration and litigation,” Mani said.

 

 

 

 

The former ICC President, however, made the point that there is always a risk involved in litigation.

“When I took over, the proceedings of the case were nearly complete and if we had withdrawn, it would have shown us as weak. But whatever the situation is right now, we have to face it and move on,” he said.

Mani replaced Najam Sethi who had spearheaded the move to file the litigation against the BCCI last year based on an alleged MoU.

Mani said personally he believed that ICC member nations should never go into litigation and arbitration and talks were the best options.

“The ICC Disputes Resolution Committee didn’t accept the MOU as a legally binding agreement although they say morally India should have played against us. Perhaps the documentation on basis of which we decided to claim compensation was not as conclusive as we felt it was.”

Asked about the BCCI official statement that India would now seek costs from Pakistan for the litigation, Mani said since they had won the case it was their right.

“If we had won the case we would have done the same. But we will also be filing for having a look at the costs involved in the case and how it should be shared.”

 

 

 

 

 

 

 

Sethi had got the PCB’s Governing Board to approve an amount of one million pounds to cover costs of the litigation, which involved hiring top queens counsel in the UK.

“Nearly 80 million rupees have been spent on the case,” a PCB source said.

The BCCI took the stance in the Dispute Resolution Committee hearings that the MOU was signed in return for Pakistan supporting the Big Three governance system and this didn’t happen, so there was no question of playing the series.

Mani, however, made it clear that Pakistan would like to maintain its relations with the Indian board on basis of equality and would not beg for resumption of bilateral ties suspended since Mumbai terror attacks in 2008.

 

[Vilander]

3 hours ago, Switchblade said:

If we had won the case we would have done the same. But we will also be filing for having a look at the costs involved in the case and how it should be shared

Lol beggars. They file a case and spend xyz lose it and then want bcci to share..haha..morons.

Edited November 22, 2018 by Vilander

[Vilander]

I think pcb will file a case on bcci for paying their legal charges and loose it..they will file a case on icc disputes panel and that would be thrown into dustbin. Finally after all losses they will claim victory in one or all of thw cases and declare a pcb holiday on the day to mark celebrations..lol

[Khota]

19 minutes ago, Vilander said:

I think pcb will file a case on bcci for paying their legal charges and loose it..they will file a case on icc disputes panel and that would be thrown into dustbin. Finally after all losses they will claim victory in one or all of thw cases and declare a pcb holiday on the day to mark celebrations..lol

Never underestimate their stupidity. They just might surprise you and do all of the above things.

[Vilander]

11 minutes ago, Khota said:

Never underestimate their stupidity. They just might surprise you and do all of the above things.

Well they did with the wars we fought.. Haha.. Victory divas or something..hehe apparently they won 1971 or 65 war 

[Khota]

1 minute ago, Vilander said:

Well they did with the wars we fought.. Haha.. Victory divas or something..hehe apparently they won 1971 or 65 war 

Their armed forces also conquered Delhi and offered prayers at Jama masjid. If you don't believe it just ask them.

[Switchblade]

Quote

ICC’s judgement on PCB’s compensation claim against BCCI is absurd: Najam Sethi

https://www.hindustantimes.com/cricket/icc-s-judgement-on-pcb-s-compensation-claim-against-bcci-is-absurd-najam-sethi/story-xMGOoEHVOYVw5yIy063LAK.html

“We’ve pursued the case in the best possible manner. But we also must not forget that India have an extremely strong lobby in the ICC. Even then, this judgment is extremely vague and absurd,” Sethi said.

“I seriously believe that this judgment is politically influenced. India’s strength in ICC is unquestionable at times.” The ICC had dismissed Pakistan’s compensation claim of around USD 70 million against BCCI earlier this week, saying the MOU signed between the two boards to play six bilateral series is not a legally binding agreement as claimed by the PCB legal team.

“Even in that judgment, there are so many contradictions. First they claimed that PCB’s version was right and if the signed document is viewed with the microscope, then there was a legal binding on the BCCI to fulfill,” he told a television channel. “On the other hand, they said that if the document is viewed with the telescope, there are many other things involved which needs to be considered and hence the decision should go in the favour of BCCI.”

The former PCB chairman expressed surprise that the ICC committee had even accepted the oral orders of the Indian government as solid and concrete evidence. “This kind of judgment is shocking to say the least,” Sethi said.

“We knew that India will put pressure on the ICC to give the verdict in their favour, but we were expecting a decision from where things can move forward. “However, this judgment leaves a bad taste and unfortunately it seems that cricket between the arch-rivals is expected to resume only when India will want to play Pakistan,” he said.