INDIA-PAKISTAN CRICKET

ICC Dispute Panel dismisses PCB's case against BCCI

by Cricbuzz Staff • Last updated on

As per ICC rules, the judgement is binding and cannot be challenged © Getty

Pakistan Cricket Board's case against Board of Control for Cricket in India was dismissed by ICC's Dispute Panel, cricket's apex body confirmed on Tuesday (November 20).

The panel was chaired by Hon. Michael Beloff QC, an English barrister and a member of Blackstone Chambers, and included Jan Paulsson and Annabelle Bennett. The hearings took place in Dubai from October 1-3.

"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 said in a release.

The PCB had sought damages to the tune of USD 70 million from BCCI for not honouring the Memorandum of Understanding signed by the two boards in 2014 to play six bilateral series over the course of eight years between 2015 and 2023. The ICC, earlier, had said the decision from the panel will be final and cannot be challenged. The issue arose as a result of India refusing to indulge in any bilateral cricket with their neighbours owing to political tension and the lack of government clearance despite the MoU being signed.

April letter - the MoU signed by both boards - had specific mention that the letter won't be valid if the resolutions are not passed at the ICC Annual Conference in 2014. "The BCCI and PCB acknowledge that this letter has arisen in the context of the resolutions which have been tabled at the ICC Executive Board Meeting on 8 Feb 2014 relating to a new financial model and governance structure for the ICC, including the third in a series of six resolutions relating to all Full members entering into a series of agreements with one another providing for agreed FTP content between 2015-2023 and, as such, if those resolutions are not passed at the ICC Annual Conference in June 2014 by directors nominated by Full Members of the ICC at that meeting and the representatives of Associate Members and the 4 ICC Zonal representatives, then this letter shall be of no effect," the MoU had read.

While there was no specific mention of government approval being needed for the tours to go ahead in the MoU, the panel concluded that it reflected in PCB meetings and email exchanges. "The Panel accepts that the awareness of the BCCI's claimed need for government approval was indeed reflected not only in PCB emails but also in minutes of PCB board meetings, all of which were aggregated in BCCI's helpful schedule to its written submissions," they wrote in their final judgement.

The panel ruled that the idea of a 2014 tour, for which BCCI was expected to make "all effort" according to the April Letter, was founded more on PCB's hope, than its expectation, that a small window of opportunity might present itself with a slight tweaking of India's schedule ahead of the main matches in Australia. Such a window unexpectedly showed up when the Windies Tour of India concluded prematurely, but Pakistan were committed to playing New Zealand and made no effort to approach the New Zealand Cricket board for the same. That was when the BCCI chose to approach Sri Lanka, the panel acknowledged, given that a government approval for playing Pakistan in away matches wouldn't be possible on such a short notice.

The panel concluded that because of unavailability of dates on both sides, more so for Pakistan on whom the "burden lay", BCCI's breach was unproven even if the April Letter is deemed to be a legal binding for the sake of it.The panel also stated that BCCI chose to invite Sri Lanka to play a series in 2014 after Windies pulled out of the tour. At that stage, the onus was on PCB to put forward a case for both countries playing a bi-lateral series.

The India board had maintained that the proposed series cannot go ahead without the approval of the government. India and Pakistan last played a bilateral series in 2013 in India and have only met in multi-team tournaments since then. The last Test series, also in India, was played in 2007.

PCB to determine future course of action

As expected, the PCB clearly stated its disappointment at the judgement, and even said it will 'determine its future course of action' despite the panel's judgement being binding.

"In relation to the proceedings brought by PCB against BCCI, the PCB notes with regret the decision of the Disputes Panel of the ICC's Dispute Resolution Committee. In 2017, PCB had claimed that BCCI had breached an agreement that it had signed with PCB on 9th April 2014 and had referred the matter to ICC's Dispute Panel. Following a lengthy disputes resolution process, the announcement of the decision today has come as a disappointment for PCB," the board said in a release.

"PCB will determine its future course of action in this regard after detailed deliberations and consultations with its stakeholders."

BCCI will act to recover legal costs

BCCI welcomed the decision and said it will approach the Dispute Panel to recover the legal costs it incurred while presenting its case to the ICC.

"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 release said.

"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 release added.

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