BCCI appoints UK-based lawyer to fight PCB case
Mumbai: Even as Indian and Pakistan gear up to face each other in the Asia Cup on Wednesday - in what has been one of the most anticipated cricket clashes this year already - their respective cricket boards are busy in Dubai preparing for the long awaited legal battle between the two cricketing nations to get underway on October 1.
In the absence of any bilateral cricket between the two countries, a case of dispute arose when the Pakistan Cricket Board PCB blamed the Board of Control for Cricket in India BCCI last year over non-participation and filed an official complaint with the International Cricket Council ICC the game's global governing body - about massive losses incurred.
In doing so, the Pak board sought damages from its Indian counterpart to the tune of US$70m and approached the ICC's disputes resolution committee for the same.
The very case comes up for hearing between October 1-3 in Dubai and the ICC's disputes panel will be chaired by Hon Michael Beloff QC, an English barrister and a member of Blackstone Chambers.
The Indian Board, TOI learns, has sought the services of renowned UK-based sports lawyer Ian Mills to argue its case alongside bringing on board Dubai-based law firm Herbert Smith Freehills. Cyril Amarchand, the Indian law firm that works with the BCCI back home, will provide the Board with backend assistance.
The case will be argued in the UAE - where the ICC is based out of - but under the English law, as required under the governing body's constitution and nominations have to be filed accordingly. Therefore, it becomes imperative for the cricket boards to rope in legal experts from the United Kingdom.
TOI has further learned that BCCI secretary Amitabh Choudhary, CEO Rahul Johri, lawyers from Herbert Smith and Cyril Amarchand, along with Mills had a detailed meeting in Dubai on Tuesday afternoon to discuss the details of the case.
Ian Mills QC is rated highly for his understanding of matters related to sports disputes, having represented multiple individuals, teams, organisers, managers, governing bodies and sports broadcasters in the past. Among his other responsibilities in the past, Mills has also served as chairman of an ICC tribunal, represented the England Cricket Board (ECB) in the prosecution of Danish Kaneria in 2012, was appointed by the ITF to chair the disciplinary proceedings against the US tennis player Richard Kendrick following the doping offence committed by the latter, has been involved in multiple matters related to the FA, Premier League and Formula One.
The Pakistan board has nominated Jan Paulson, a scholar and practitioner in international arbitration to represent them, though this could not be independently confirmed.
India last played a Test with Pakistan eleven years ago, in 2007 and a one-day bilateral five years ago, in 2013. For lack of any other bilateral cricket between the two countries, the Pakistan board blamed BCCI for not honouring the ICC's Future Tour Program (FTP) calendar, even though PCB's former chairman and much-respected administrator Shaharyar Khan had categorically held that his board had a very weak case against India in this regard.
The BCCI has maintained that it has been in constant touch with the central government on matters related to playing cricket in Pakistan and it is not a decision which rests in their hands. The Indian board says decision on any cricket to be played between India and Pakistan is one of diplomatic concern that needs to be resolved by the governments of the respective countries. "Only if the centre gives a go-ahead, we can think of any cricket with Pakistan. So, things have clearly not been in our hands. We have several communications with the centre in this regard," says the BCCI.
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