PCB gets green light for legal action against BCCI

[Abdullah719]

Karachi: The Board of Governors of the Pakistan Cricket Board (PCB) on Friday gave approval for adopting legal recourse against the Board of Control for Cricket in India (BCCI) for not honouring the Memorandum of Understanding (MoU) between the two boards in 2014 to play bilateral series.

PCB chairman Shaharyar Khan and Najam Sethi, who heads the executive committee, told the media here after a meeting of the BOG that the members had given approval for using legal channels to seek compensation for the financial losses suffered by the PCB due to India not honouring the MoU.

"We will start legal consultations soon over the matter as the BOG has today given approval. The fact is that the BCCI signed a MOU document with us to play six bilateral series between 2015 and 2022," Khan recalled.

"The International Cricket Council (ICC) is witness to this MOU. We will now be consulting our legal team to take up the matter of India not playing us under the MOU with the BCCI and at the ICC level," Khan said.

Sethi made it clear that the PCB had until now been patient with the Indian board despite them disregarding the MOU.

"But now our patience has also run out because we were supposed to host two home series under the MOU from which we could have earned millions of estimated revenues. But since they are not honouring the MOU we have suffered losses," Sethi, who signed the MOU when he was chairman of the board, said.

India has not played a bilateral series with Pakistan since 2007 when Pakistan toured India for a full Test series. The PCB claims that India owes it two home series which translates into millions of dollars for Pakistan cricket.

In January, the PCB even agreed to host a short one-day series in Sri Lanka as part of the MOU but the BCCI backed out by stating they had not clearance from their government for the series.

Khan said when the BCCI was so reliant on their government for playing Pakistan they should have thought about it before signing the MOU.

"We will now take up this matter with the ICC because the Indian board claims it has been stopped by its government from playing us. We have the MOU to back us and we want to see the instructions from their government in writing," he added.

He said it was unfortunate that the BCCI had not honoured a written agreement.

Khan also announced that the board had decided to leave the decision of retirements to senior players Misbah-ul-Haq, Younis Khan and Shahid Afridi.

"We will not take any decision they will have to decide themselves when they feel it is the right time to retire. All three have given Yeoman service to Pakistan cricket and we respect this and want to ensure they are the ones taking this decision," he said.

http://zeenews.india.com/cricket/in...ht-for-legal-action-against-bcci_1963086.html

 

[Pakistanian]

They shouldn't have trusted the bcci, but then the PCB is run by Sethi, an undercover indian.

 

[Pete Rose]

I still dont understand how the BCCI cant claim force majeur on this.

 

[petercat]

I still dont understand how the BCCI cant claim force majeur on this.

You will not understand unless you see the lawyers bill that is footed and then perhaps discover whose relatives they may be.

The BCCI will claim force majure and take retaliatory measure.

 

[USofA]

Here we go again with the MOU. What is the content of the MOU? Why not show it to the public? If you say that the MOU is legally binding (since legal action is going to be taken) then why the secrecy?

I think this is more hot air/smoke screen from Khan/Sethi to show the Pakistan public that they working hard to force India/BCCI. In reality they have no hand and nothing will come of this legal action.

 

[waleed88]

I still dont understand how the BCCI cant claim force majeur on this.

Wow isn't that a fancy word... what is that supposed to mean in this case?

 

[Mamoon]

Wow isn't that a fancy word... what is that supposed to mean in this case?

Force majeure - a clause in a binding contract that frees a party (or both parties) from an obligation because of external circumstances/events such as war, natural disaster etc.

 

[Madplayer]

Force majeure - a clause in a binding contract that frees a party (or both parties) from an obligation because of external circumstances/events such as war, natural disaster etc.

In that case BCCI doesn't have a great chance of winning.

 

[Mamoon]

In that case BCCI doesn't have a great chance of winning.

Not a legal expert, but they can use the ongoing tension between the governments as a justification.

 

[Pete Rose]

In that case BCCI doesn't have a great chance of winning.

Includes government/regularion change

 

[Snow]

I doubt that BCCI even went to Government before for clearance, PCB does seem to have case against them.

 

[TalentSpotterPk]

Waste of time and money.

Would be bad and ultimately embarassing move.


Sethi sahib was sold a dummy which he is not willing to accept and Subhan Ahmed is using Ji Hazuri as usual. Pumping Chairman, defacto chairman and BOG.

In late 90's Subhan sahib joined PCB may be in 1996. One can check his designation. Allah sub pakistanioun ko aesi taraqqi dey 20 saal mein. Zameen se falaq takk. Sky is your limit.

 

[Asim2Good]

PCB is back with season 2

 

[street cricketer]

Should settle the legal case by a 5 match series between the two parties.

 

[petercat]

I doubt that BCCI even went to Government before for clearance, PCB does seem to have case against them.

http://www.abplive.in/sports/no-decision-on-india-pakistan-series-mea-251339

BCCI did write to the MEA.

 

[petercat]

Waste of time and money.

Would be bad and ultimately embarassing move.


Sethi sahib was sold a dummy which he is not willing to accept and Subhan Ahmed is using Ji Hazuri as usual. Pumping Chairman, defacto chairman and BOG.

In late 90's Subhan sahib joined PCB may be in 1996. One can check his designation. Allah sub pakistanioun ko aesi taraqqi dey 20 saal mein. Zameen se falaq takk. Sky is your limit.

What was the designation?

 

[petercat]

In that case BCCI doesn't have a great chance of winning.

Basically any situation that is beyond the control of the parties.

 

[Bhaag Viru Bhaag]

Basically any situation that is beyond the control of the parties.

For example Anurag Thakur's tongue which is not in his control.

 

[Sunny786]

Don't think this will result in anything good for us.

 

[abhayjj]

they need Indian money to organize PSL

 

[WC-Passion]

I don't see PCB getting anything out of this. Waste of time.

 

[SL_Fan]

PCB FREE TO TAKE LEGAL RECOURSE OVER 'DISHONOURED' AGREEMENT, SAY BCCI MEMBERS

The Pakistan Cricket Board's (PCB) aggressive posture has not exactly fazed the members of the Board of Control for Cricket in India (BCCI) and they say the PCB is free to take the legal recourse for the 'dishonoured' agreement over the scrapped bilateral series in 2015.

“It can do whatever it wants. When there is no permission from the government, the BCCI can do little," said an influential BCCI member.

Two Tests, five ODIs and two Twenty20 Internationals were to be played and the PCB offered to host India in UAE or Sri Lanka.

Claiming losses to the tune of over $100 million, the PCB said it would seek compensation.

The BCCI says the PCB has to first raise the matter formally at the International Cricket Council (ICC) forum and the understanding is that that matter was informally discussed at the ICC forum already and the world body, as has been its position, wanted the bilateral issue settled between the boards.

The Cape Town meeting

“At the Cape Town meeting, the PCB asked for funds from the ICC in view of the losses due to India not playing them. If they wish to file a case against us, let them do it. We will see when we get the notice," said another BCCI member, who was present at the Cape Town meeting in October last year.

The Pakistan team is slated to tour India in December for three Tests, five ODIs and two Twenty20 Internationals and the indication from the PCB is that its team will not tour till India honoured its agreement.

The BCCI too is not sure if it will get the permission from the government of India to host Pakistan.

But it is not worried for the end-of-the year fixtures because it has to worry about things in the beginning of the year.

Link

 

[Cricfan4eva]

PCB always do this. They see that BCCI are on its knees because of SC, they look at it as an opportunity to make their move but they don't realize that BCCI is going through administration change, it is still powerful and when things normalize, BCCI will remember what PCB did and it wont serve them well.

 

[Major]

PCB always do this. They see that BCCI are on its knees because of SC, they look at it as an opportunity to make their move but they don't realize that BCCI is going through administration change, it is still powerful and when things normalize, BCCI will remember what PCB did and it wont serve them well.

Immature post.

Fictionalizing everything.

Legal action is the only proper cource of action here

 

[abhayjj]

Immature post.

Fictionalizing everything.

Legal action is the only proper cource of action here

They want to bail out PSL doing this but they won't get anything out of it except another humiliation.

 

[zn426]

Not a legal expert, but they can use the ongoing tension between the governments as a justification.

Doubtful, there's precedent for other sports teams playing at times of government tension. The USA-USSR olympic ice hockey match in 1980 comes to mind (they also played an exhibition match before the Olympics).

Also, if I'm not mistaken, didn't Pakistan and India play a triseries with Australia in early 2000, after the Kargil war?

If Pakistan even has proof, they could utilize the field hockey team playing against India in recent years.

 

[GullyCricketFlop]

They want to bail out PSL doing this but they won't get anything out of it except another humiliation.

Well it seems you have inside information from the PCB.Care to explain how it'll bail out the PSL?

 

[GullyCricketFlop]

As for the OP,yes they should seek legal action as it is the only way forward.

 

[Major]

They want to bail out PSL doing this but they won't get anything out of it except another humiliation.

Naive thing to say....

Pcb is well within its legal rights to take this matter in court. There is no humiliation here to think so is idiotic

 

[Cricfan4eva]

Immature post.

Fictionalizing everything.

Legal action is the only proper cource of action here

Fictional?

2009 IPL, Pakistan tried to bully India because they had Mumbai attacks and couldn't host IPL due to elections. What happened? BCCI had one of the most successful IPL in SA and Pak players are still paying the price for PCB's stunt.

I am not saying Pakistan shouldn't demand for a series, they have every right to but of all the time they could pursue this 'legal' route, they choose when BCCI are at its lowest like they always do.

So this is what is going to happen as always. BCCI will find a way to get back up, Thakur will go someone else might replace him but BCCI's power will still be consolidated nothing changes there and when things normalize. Pakistan wont have any foot to stand on to ask BCCI to resume ties because of this stunt.

As for this legal case, I mean comeon do they really think they have a shot? India-Pakistan had one of the worst stand off in years since Kargil, heck it went as far as banning cultural ties.

 

[FlickedOffHips]

PCB will not get compensation. cricket might resume again, if only for a short while(pretty obvious). but you don't want to play India at this point. bahut pitayee hogi.

 

[cricketjoshila]

Doubtful, there's precedent for other sports teams playing at times of government tension. The USA-USSR olympic ice hockey match in 1980 comes to mind (they also played an exhibition match before the Olympics).

Also, if I'm not mistaken, didn't Pakistan and India play a triseries with Australia in early 2000, after the Kargil war?

If Pakistan even has proof, they could utilize the field hockey team playing against India in recent years.

1.India govt has witheld permission for the Indian Cricket Team to play in any bilateral series with Pakistan.According to laws of India,BCCI cannot send the National team to play a bilateral series vs Pakistan.USA-USSR Ice Hockey is irrelevant here.FYI Pakistan totally boycotted the Moscow olympics.So unless the govt gives permission everything else is irrelevant.

2.India plays Pakistan in multilateral tournaments.

3.India-Pakistan field hockey teams dont play in any bilateral series.Infact the PHF recently decided to boycott upcoming Hockey World Cup in India.

4.No court can force BCCI or GOI to play a bilateral series vs Pakistan,except the Supreme COurt of India.I will be watching with amusement how PCB will claim the jurisdiction of the London court over BCCI as BCCI isnt based in London nor do they have any offices there.

 

[cricketjoshila]

PCB always do this. They see that BCCI are on its knees because of SC, they look at it as an opportunity to make their move but they don't realize that BCCI is going through administration change, it is still powerful and when things normalize, BCCI will remember what PCB did and it wont serve them well.

After today's order of the SC its clear that in a short while new elections will happen and a new regime will take over at BCCI.The Overseer committee will only last till all Lodha reforms are implemented.May be months.

After that what will happen?These administrators will be from the same state associations and likely to be similar people.PCB and ICC seem to have forgotten that while administrators will change the institution will remain the same.

 

[English August]

Doubtful, there's precedent for other sports teams playing at times of government tension. The USA-USSR olympic ice hockey match in 1980 comes to mind (they also played an exhibition match before the Olympics).

Also, if I'm not mistaken, didn't Pakistan and India play a triseries with Australia in early 2000, after the Kargil war?

If Pakistan even has proof, they could utilize the field hockey team playing against India in recent years.

Interesting that you quote USA and USSR examples from the 80s. They both led massive boycott of 1980 and 1984 Olympics hosted in Moscow and LA respectively. Not just them but their entire bloc (so USSR led the communist bloc and USA led Western democracies and some of their ******* countries). In fact India was among the few large nations that participated in both.

Politics has always been an integral part of sport. Anyone who believes otherwise is living in a la-la land.

 

[English August]

Some lawyers are going to make a lot of money. And the PCB will have to pay for their own legal expenses as well as for the BCCI.

Wonder why they are picking London though for filing the case. BCCI is registered in Mumbai, PCB somewhere in Pakistan and ICC in Dubai. So why London?

 

[cricketjoshila]

Some lawyers are going to make a lot of money. And the PCB will have to pay for their own legal expenses as well as for the BCCI.

Wonder why they are picking London though for filing the case. BCCI is registered in Mumbai, PCB somewhere in Pakistan and ICC in Dubai. So why London?

London is in the hope that they can put some pressure on ICC,plus PCB officials have lots of lawyer friends in London.Even if BCCI agrees to the jursdiction of the London court,the Govt of India will never ever reply to any court outside India,esp on matters of its foreign policy.

 

[abhayjj]

It's a futile exercise. Their kashkol will remain empty after another chest thumping

Like their film industry bite the bullet and resume Indian movies in their theater after two months of chest thumping.

 

[SL_Fan]

Shahryar Khan Indicates PCB Yet to Decide on Nature of Legal Action Against BCCI


Karachi: Pakistan Cricket Board Chairman Shaharyar Khan today indicated that the PCB is yet to decide on the nature of legal recourse it would take against the BCCI for not honouring a MoU to play bilateral series.

Khan that it would take about a month for the PCB to decide what kind of legal recourse it would adopt against the BCCI for not honouring the MoU signed between them in 2014. He said the Board will take a decision after taking advice from its legal team.

"We might appoint a international barrister, a QC to advise us on our next step. But we have options of filing a case with either the Dispute Resolutions Committee of the International Cricket Council (ICC), the International Court of Arbitration for Sports or in an international court of law," Khan told PTI here today.

Khan said that the ongoing changes in the BCCI due to the Indian Supreme Court case will not deter the PCB from pursuing its legal course of action against the Indian Board.

"What is happening in the BCCI is there internal matter.

But the PCB has decided that it must be compensated by either cricket matches or money for the losses it has suffered due to the BCCI not honouring the MoU signed between the two Boards in 2014," he said.

He said the PCB had faced losses of revenues in excess of USD 100 million due to the BCCI not honouring the MoU.

"We have consulted top legal experts and they have told us the MoU signifies an intent and a contract," he added.
The PCB chief said that Pakistan had been deprived of the chance to play two series due to the BCCI's refusal for bilateral cricket.

"Under the MoU, the two Boards are to play six series four of which we will host between 2015 and 2023. Even before the MoU they owed us a home series for the Test tour we made to India in 2007," he said.

Khan said given his diplomatic experience and knowhow of how Indo-Pak relations work, he was not very hopeful of any cricket taking place between the two countries this year.

"That is why we have now decided to pursue this matter legally. Because we have suffered financially and we need funds."

Link

 

[Pantani]

I don't know if anything will come out of this. Next time PCB are in negotiations with BCCI they should sign nothing without an advance or deposit payment being made by the BCCI since the situation is too volatile to expect contracts to hold.

If a deposit is made and then India don't play Pakistan, the financial impact is lessened. While if they do play, the deposit can be returned.

 

[English August]

I don't know if anything will come out of this. Next time PCB are in negotiations with BCCI they should sign nothing without an advance or deposit payment being made by the BCCI since the situation is too volatile to expect contracts to hold.

If a deposit is made and then India don't play Pakistan, the financial impact is lessened. While if they do play, the deposit can be returned.

You do realize that the $100M "loss" the PCB is talking about is what they would have made from selling broadcasting and online rights for the series, and not what the BCCI would have paid the PCB? So there is no question of any "deposit" ahead of signing the MOU/LOI/contract.

 

[abhayjj]

they won't get a dime out of it but just another humiliation in waiting

 

[GrandMaster]

The only way of getting the money from the BCCI is by being friendly and having some patience. By approaching lawyers and ICC, PCB is just making it's life more difficult.

 

[Pakistanian]

Maybe they could settle it by playing a 5 match test series world tour, 5 tests in 5 different countries. and PCB gets all the money.

 

[GrandMaster]

We all know what happened when the PCB (Ijaz Butt) tried to arm-twist the BCCI.

 

[MenInG]

We all know what happened when the PCB (Ijaz Butt) tried to arm-twist the BCCI.

Pakistan within their rights to ask for compensation. ICC doesnt exist in a vacuum; India has obligations to other members etc

 

[English August]

Pakistan within their rights to ask for compensation. ICC doesnt exist in a vacuum; India has obligations to other members etc

They are well within their rights to file a case. Winning the case though would be a completely different matter:
- MOUs are never legally binding. They are not same as contracts.
- BCCI can't play if the Indian Govt denies them the permission to play. There is solid precedent for this -- has been used many times in the past to cancel sporting events, including by Pakistan themselves
- BCCI has been honoring all other commitments to every other board. So it's not as if they are a serial offender
- Breakdown of sporting relationship between India and Pakistan has happened multiple times due to political tension. This is not the first time and it won't be the last.

Will be interesting to watch if the PCB pull the trigger and actually file the case. Or is this just posturing for domestic consumption?

 

[R0H1T]

They are well within their rights to file a case. Winning the case though would be a completely different matter:
- MOUs are never legally binding. They are not same as contracts.
- BCCI can't play if the Indian Govt denies them the permission to play. There is solid precedent for this -- has been used many times in the past to cancel sporting events, including by Pakistan themselves
- BCCI has been honoring all other commitments to every other board. So it's not as if they are a serial offender
- Breakdown of sporting relationship between India and Pakistan has happened multiple times due to political tension. This is not the first time and it won't be the last.

Will be interesting to watch if the PCB pull the trigger and actually file the case. Or is this just posturing for domestic consumption?

Would be interesting to see if there's any retaliation by the BCCI, how about asking ICC to not fix the ties in global events, what if they decide to not play Pak in CT 2017, any or all of the above?

It'd be good for the ties to be restored between the two nations, but if you want cricket to be normal then you can't live in a vacuum & ignore many other things happening simultaneously. The ICC & other boards must also get their act together, being overly dependent on the BCCI & India for 60~90% of your profits is just sheer incompetence on their part.