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PCB vs BCCI MoU case: BCCI seeks 15 cr ($2m) legal fee from PCB [Post #375]

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Abdullah719

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On behalf of the Dispute Panel formed under the Terms of Reference of the ICC Disputes Resolutions Committee (DRC), the International Cricket Council (ICC) has announced the outcome of the recent DRC proceedings between the BCCI and the PCB.

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 judgement, which can be found here in full, is binding and non-appealable.

https://www.icc-cricket.com/media-releases/915817
 
My commiserations to the select few who thought PCB will bring BCCI to it's knees using this case.

Poor PCB is left with nothing but court charges which will add up to millions.
 
PCB's response to the decision on Dispute Pannel

Lahore November 20,2018: 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.

PCB will determine its future course of action in this regard after detailed deliberations and consultations with its stakeholders.
 
PCB will be well advised to act judiciously rather than emotionally, that seemed to be the case while going for this dispute. It was clear to many that there was no merit in the case, but it seems that PCB bigwigs were blinded and deluded by their own "understanding" of laws that seem at variance with understanding of the same rules elsewhere.
 
It was a foolish act by Najam Sethi.

Brought down our cricket by several years. We're now in a full on fight and confronting mode with the BCCI instead of making the relationship better.

This will be bad.

Unless Mani still has some influence left in the BCCI and can help restore the relations.
 
Ah, so the judgment is out. I misread the other thread. Need to go through the judgment text in full.
 
Hawkeye said:
It was a foolish act by Najam Sethi.

Brought down our cricket by several years. We're now in a full on fight and confronting mode with the BCCI instead of making the relationship better.

This will be bad.

Unless Mani still has some influence left in the BCCI and can help restore the relations.
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I bet all the SETHI fans would be telling us how brilliant he was if he had won the case, but personally i think in this case he did the right thing.
 
Like i said in another thread, these "understandings" and promises dont hold any real value in legal matters. It would have been a miracle if PCB had won.
 
Though I would love to have cricket ties resumed with Pakistan bcoz being a superior team I know we would smash them anywhere in planet earth. If there is regular cricket between Ind-Pak at present, it would face the same fate as Ind-SL series where there is only one winner. So our boys are missing on some easy wins but then BCCIs stance is also not all that wrong, so it evens out.
 
Nasty of ICC to do this on day of PSL draft.
 
Canford Cliffs said:
Though I would love to have cricket ties resumed with Pakistan bcoz being a superior team I know we would smash them anywhere in planet earth. If there is regular cricket between Ind-Pak at present, it would face the same fate as Ind-SL series where there is only one winner. So our boys are missing on some easy wins but then BCCIs stance is also not all that wrong, so it evens out.
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BCCI's stance is unethical after the MoU but not illegal.
 
Madplayer said:
BCCI's stance is unethical after the MoU but not illegal.
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Yes, BCCI's stance is definitely unethical. They should've at least said that we would only play if Indian govt. permits. They didn't have that decency too.
 
Good now time to do away with any influence of Manohar and had SC needs to butt out.
 
No surprises here, expecting BCCI to honour their MoU was stupid to begin with, never mind actually trying to get the ICC to make them do it.
 
PCB could boycott playing India at ICC events, but things would then go from bad to worse.

Perhaps follow IK's plan if biding till their elections are over and once the anti Pakistan rhetoric cools down, start negotiations once again.
 
But But there is no cure for sethiphobia - what a waste of millions from PCB!
 
At least PCB can move on from this, and concentrate on some positive changes of the cricket setup.

World cricket needs a strong Pakistan cricket. You guys dont need BCCI to be strong.
 
ICC saved bcci from extortion attempt by PCB. There is justice in this world.

Does anybody know if PCB is paying for bcci's legal costs of case?
 
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I have a feeling this could be the end of any matches between India and Pakistan. Although Imran khan might take this as an opportunity to further destroy Sethi and PMLN’s reputation in making the country believe that Sethi’s grounds for taking BCCI to court were corrupt or uncalled for.

Sad day for Pakistan cricket
 
JattMaula said:
ICC saved bcci from extortion attempt by PCB. There is justice in this world.

Does anybody know if PCB is paying for bcci's legal costs of case?
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Agreed. It's only just if PCB is forced to pay compensation for BCCI's legal expenses and the time wasted on this non issue so that in future they don't hold BCCI hostage like this.
 
Rana said:
I have a feeling this could be the end of any matches between India and Pakistan. Although Imran khan might take this as an opportunity to further destroy Sethi and PMLN’s reputation in making the country believe that Sethi’s grounds for taking BCCI to court were corrupt or uncalled for.

Sad day for Pakistan cricket
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A MOU is not a legal contract and is non binding no matter how you spin it. It was known even before the suit was filed with ICC and Sethi's stupidity caused an unnecessary expenditure, the funds which could have been spent on the betterment of our players.

I sincerely hope that this doesn't happen even if it means sucking up to BCCI. Maybe Mani has some goodwill left with ICC that he can cultivate. We need a few series with our neighbors for the betterment of cricket in Pakistan
 
Nikhil_cric said:
Agreed. It's only just if PCB is forced to pay compensation for BCCI's legal expenses and the time wasted on this non issue so that in future they don't hold BCCI hostage like this.
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Calm down. It was a malicious intent mou by your BCCI to begin with that Sethi was a fool to sign.

And then a bigger fool to think it had legal value.

Your board and PM is a tool, should not give such lame lollypops to get votes. The fair thing would be that Bcci pays the money for their false promises.

But fair and legally binding are different.
 
Who would have thought...? Words can’t describe how I feel about this. There is no way it could have happened, I am just stunned. The news has come as a complete shock.
 
fitCricFan said:
A MOU is not a legal contract and is non binding no matter how you spin it. It was known even before the suit was filed with ICC and Sethi's stupidity caused an unnecessary expenditure, the funds which could have been spent on the betterment of our players.

I sincerely hope that this doesn't happen even if it means sucking up to BCCI. Maybe Mani has some goodwill left with ICC that he can cultivate. We need a few series with our neighbors for the betterment of cricket in Pakistan
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Why specifically with India? Wouldn't series with other boards also benefit Pakistan cricket?
 
Hitman said:
How exactly? What has the game got to do with PCB getting $80 million or not?
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A financial weak PCB will mean less money to spend on Pakistan cricket.
We already have handful of cricket teams. WI & SL are almost gone and so is Zimbabwe. Bangladesh who was supposed to be a powerhouse is going back to its minnow ways. The cricket world needs a strong Pakistan.
 
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Canford Cliffs said:
Though I would love to have cricket ties resumed with Pakistan bcoz being a superior team I know we would smash them anywhere in planet earth. If there is regular cricket between Ind-Pak at present, it would face the same fate as Ind-SL series where there is only one winner. So our boys are missing on some easy wins but then BCCIs stance is also not all that wrong, so it evens out.
Click to expand...

Superiority has an expiration date. Big teams like West Indies or Australia had their time of dominance so will India. Coming to your equation of India vs Pakistan had you guys played during Wasim and Waqar era we would have said the same but again that was a different time when Pakistan was not willing to tour India because of the terroist party Shiv Sena who were held bent In digging up pitches and giving soaring statements about attacking Pakistani cricketers. My dear every dog has his day so just enjoy as long as it last. This country is run by the Great Imran Khan so cricket will not be left behind as the country moves forward. So yes, you are team is great at this time but one Asia cup will not just make you win the world cup. Today its India avoiding to come to play even on neutral venues but has no issues in big tournaments what a bigot.
 
Hitman said:
How exactly? What has the game got to do with PCB getting $80 million or not?
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Because boards can't go around trying to trick smaller boards with their lies, deceits.

Cricket loses.

Of course this money is not legally binding now, but BCCI should have been punished to set a precedent.
 
gazza619 said:
A financial weak PCB will mean less money to spend on Pakistan cricket.
We already have handful of cricket teams. WI & SL are almost gone and so is Zimbabwe. Bangladesh who was supposed to be a powerhouse is going back to its minnow ways. The cricket world needs a strong Pakistan.
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The BCCI is not responsible for the PCB's financial situation. Why is the PCB dependent on the BCCI? Why is the PCB not dependent on the Pakistan fans?
 
Hawkeye said:
Because boards can't go around trying to trick smaller boards with their lies, deceits.

Cricket loses.

Of course this money is not legally binding now, but BCCI should have been punished to set a precedent.
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I do not believe that the PCB is part of the smaller boards.
 
gazza619 said:
A financial weak PCB will mean less money to spend on Pakistan cricket.
We already have handful of cricket teams. WI & SL are almost gone and so is Zimbabwe. Bangladesh who was supposed to be a powerhouse is going back to its minnow ways. The cricket world needs a strong Pakistan.
Click to expand...

I actually think more money will destroy Pak cricket. It thrives when its in peril. In constant state of struggle of survival.

More money and more order will kill the real spirit of Pakistan. The spirit of underdog. The spirit of cornered tiger.

So in a way this result may be a blessing in disguise.
 
USofA said:
Why specifically with India? Wouldn't series with other boards also benefit Pakistan cricket?
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Because it is one of the biggest, if not the biggest draw in cricket, even today and the money raked in these games will be huge. BCCI will make $ but so will PCB. It will also give PCB to assess where we stand in the subcontinent and hopefully provide the motivation and incentives to the mgmt and players to perform.Regardless of all the chest thumping and bravado, the two teams do bring out the best (or worst) in their players when they clash on the field.
It may also open the IPL door for our players who can get some much needed exposure to play under pressure and deliver full screaming crowds. Our PSL in UAE is a joke
 
From the ICC panel report:

42. The Panel concludes that, looking at the April Letter, in isolation, as it were through a microscope, the PCB’s argument that it was a contractually binding document burns bright. If, however, a telescope is deployed, which brings into perspective the circumstances out of which that letter arose, the argument is extinguished. In the Panel’s view, the reasonable observer apprised of all the facts would conclude that the April Letter was no more than a declaration of intent, albeit an intent sincerely held by the BCCI (and of course by the PCB) at most, as Mr Manohar (President of the BCCI from October 2015 to May 2016) put it, creating a “moral obligation” but not a legal one. Context trumps text.

43. It follows inexorably that the PCB’s claim must fail. If there was no obligation on the BCCI to engage in the tours in either 2014 or 2015, its omission to do so was no breach and gave rise to no damages claim.
Click to expand...
 
JattMaula said:
I actually think more money will destroy Pak cricket. It thrives when its in peril. In constant state of struggle of survival.

More money and more order will kill the real spirit of Pakistan. The spirit of underdog. The spirit of cornered tiger.

So in a way this result may be a blessing in disguise.
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Are you serious? How many world class cricket stadiums do we have in Pakistan and how much money do we have to promote cricket at the grassroots level. A talented cricketer is discovered one in a blue moon but nurturing and developing ordinary players takes a lot of moolah and no greater incentive than full coffers
 
Hawkeye said:
Because boards can't go around trying to trick smaller boards with their lies, deceits.

Cricket loses.

Of course this money is not legally binding now, but BCCI should have been punished to set a precedent.
Click to expand...
If you don't understand law then don't state terms that are beyond your comprehension.
MOU's are signed on a regular basis to establish a baseline and are to be followed by a contract which typically uses a MOU for guidance. It was very stupid of PCB to assume that they would get something out of it even when they were aware of its legality. The lawsuit was frivolous and we should have spent that time and money in a productive way, for our cricket. If someone is accountable, then it's PCB or more specifically Mr. Sethi, who it seems decided to pursue this path against the advice.
 
fitCricFan said:
Because it is one of the biggest, if not the biggest draw in cricket, even today and the money raked in these games will be huge. BCCI will make $ but so will PCB. It will also give PCB to assess where we stand in the subcontinent and hopefully provide the motivation and incentives to the mgmt and players to perform.Regardless of all the chest thumping and bravado, the two teams do bring out the best (or worst) in their players when they clash on the field.
It may also open the IPL door for our players who can get some much needed exposure to play under pressure and deliver full screaming crowds. Our PSL in UAE is a joke
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Now we are talking. This is the real reason- greed for money, which only a series with India can bring. Stop giving bogus reasons like biggest draw in cricket and all that.If Pakistan team is really that big a draw then it should be able to earn money whether or not they play India. And indeed, they should be able to make money from their own market, rather than hoping to make money from Indian market.
 
Hawkeye said:
Because boards can't go around trying to trick smaller boards with their lies, deceits.

Cricket loses.

Of course this money is not legally binding now, but BCCI should have been punished to set a precedent.
Click to expand...

upon what basis?

PCB was looking after its own interest and BCCI was same. BCCI won the battle legally, that makes any kind of action illegal which may be taken against BCCI upon this same subject. You are being too emotional here.
 
Better to have atleast tried rather than never try at all. Expecting the ICC to rule in favour of the PCB against the BCCI was indeed wishful thinking. The language used in the judgement against the PCB is very unprofessional and disturbing and clearly shows the judgement has been written by the BCCI. I wonder if the PCB will consider taking legal action against the ICC just like they did in 2011
 
Savak said:
Better to have atleast tried rather than never try at all. Expecting the ICC to rule in favour of the PCB against the BCCI was indeed wishful thinking. The language used in the judgement against the PCB is very unprofessional and disturbing and clearly shows the judgement has been written by the BCCI. I wonder if the PCB will consider taking legal action against the ICC just like they did in 2011
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Hope they sue again and hope they lose more dollars. LOL.
 
syedahsan said:
Superiority has an expiration date. Big teams like West Indies or Australia had their time of dominance so will India. Coming to your equation of India vs Pakistan had you guys played during Wasim and Waqar era we would have said the same but again that was a different time when Pakistan was not willing to tour India because of the terroist party Shiv Sena who were held bent In digging up pitches and giving soaring statements about attacking Pakistani cricketers. My dear every dog has his day so just enjoy as long as it last. This country is run by the Great Imran Khan so cricket will not be left behind as the country moves forward. So yes, you are team is great at this time but one Asia cup will not just make you win the world cup. Today its India avoiding to come to play even on neutral venues but has no issues in big tournaments what a bigot.
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You should first know the reason why BCCI stopped playing cricket with Pakistan. All going on well until 2008, suddenly it stopped. You know why, right? I would be glad if 'Great Imran Khan' can really bring change in Pakistan by hunting down all terror camps. If and when it happens, India will play regularly with Pak and also all teams would be travelling to Pakistan without fear. Lets hope for the best.
 
If you are so desperate to play India in cricket, they try and ensure conditions favourable for such matches, which is a tall order. PCB and Pakistani fans may be desperate to play India but Indian fans, BCCI and Indian government are not. You know the reason. Unless those reasons are addressed, there can be no bilateral cricket.
 
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Probably one of the few good things happened to PCB & PAK cricket, and no surprise it had to come from a third party.

ICC has done a great favour to PAK cricket, that now PCB & Mani can focus on the real staff. Otherwise, just from vaunted ego & arrogance PCB would have been chasing the wild goose (of tussling with BCCI believing they are at par) - waste of money, energy and time.
 
fitCricFan said:
If you don't understand law then don't state terms that are beyond your comprehension.
MOU's are signed on a regular basis to establish a baseline and are to be followed by a contract which typically uses a MOU for guidance. It was very stupid of PCB to assume that they would get something out of it even when they were aware of its legality. The lawsuit was frivolous and we should have spent that time and money in a productive way, for our cricket. If someone is accountable, then it's PCB or more specifically Mr. Sethi, who it seems decided to pursue this path against the advice.
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But was it Sethi who signed MoU from PCB. Whoever that guy was needs to be questioned
 
Angrez Pakistani said:
In the hindsight, it was a stupid decision by the PCB to pursue the case.
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Not just this but there is a host of stupid decisions

a) Not sending Pak players to IPL 2009
b) Going against the Big 3 proposal when clearly the numbers were stacked against them

c) Random statements coming every week from PCB motormouths against BCCI

d) suing BCCI over a MoU
 
leg-side-flick said:
But was it Sethi who signed MoU from PCB. Whoever that guy was needs to be questioned
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Doesnt matter who signed the MOU, It was Mr Sethi who decided took move ahead with the lawsuit. IIRC, it was in the news that he was advised against moving forward with it but he himself decided otherwise
 
Hawkeye said:
Calm down. It was a malicious intent mou by your BCCI to begin with that Sethi was a fool to sign.

And then a bigger fool to think it had legal value.

Your board and PM is a tool, should not give such lame lollypops to get votes. The fair thing would be that Bcci pays the money for their false promises.

But fair and legally binding are different.
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Sarcasm bro. You missed it completely :srini
 
fitCricFan said:
Doesnt matter who signed the MOU, It was Mr Sethi who decided took move ahead with the lawsuit. IIRC, it was in the news that he was advised against moving forward with it but he himself decided otherwise
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What was Sethi gaining by going for lawsuit
 
Justice served, PCB had no case. It was clear case of PCB trying to get free money which is ridiculous to begin with, ICC has done well to put this issue to bed once for all.

Sethi in his overeagerness to prove that he is somehow different and was doing something great ruined the relationship.

These issues have to be resolved amicallablly and have to involve both Govts.It is not as simple as giving out jingoistic statements.
 
latecut said:
Now we are talking. This is the real reason- greed for money, which only a series with India can bring. Stop giving bogus reasons like biggest draw in cricket and all that.If Pakistan team is really that big a draw then it should be able to earn money whether or not they play India. And indeed, they should be able to make money from their own market, rather than hoping to make money from Indian market.
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You are delusional if you think that BCCI needs PCB and our cricket. At this point, BCCI is the biggest game in town, actively supported by the people of the 2nd most populated nation on earth. They can continue to play every other country except us and so can we. However we don't have enough sponsorship that can be monetized to promote and support the game. Watched a local game last month, being played in Karachi, I think and it was sickening to look at the dust bowl aka cricket ground. Like it or not, our need to play India is much bigger.
 
Problem is that PCB may have caused the BCCI to firmly close the door on any future negotiations.
 
leg-side-flick said:
What was Sethi gaining by going for lawsuit
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Probably grandstanding. That is a question for him. Who is going to bell the cat. Even though IK is at the helm, politics for him comes first. I hope I am wrong and he steers PCB in the right direction
 
Savak said:
Better to have atleast tried rather than never try at all. Expecting the ICC to rule in favour of the PCB against the BCCI was indeed wishful thinking. The language used in the judgement against the PCB is very unprofessional and disturbing and clearly shows the judgement has been written by the BCCI. I wonder if the PCB will consider taking legal action against the ICC just like they did in 2011
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So if a arbitration court's verdict doesnot go according to PCB, Pcb will sue the arbitration panel. Lol.
 
Savak said:
Better to have atleast tried rather than never try at all. Expecting the ICC to rule in favour of the PCB against the BCCI was indeed wishful thinking. The language used in the judgement against the PCB is very unprofessional and disturbing and clearly shows the judgement has been written by the BCCI. I wonder if the PCB will consider taking legal action against the ICC just like they did in 2011
Click to expand...

DRC's judgement is "binding and non-appealable" as stated by ICC. So how can PCB take legal action. One needs to think with a calm mind rather than emotionally.
 
From Times Of India:

The BCCI's ace in the dispute hearing turned out to be in the form of former cabinet minister Salman Khurshid's deposition. Khurshid was part of the UPA government when the two neighbouring countries had stopped all cricket between each other owing to cross-border friction and it is on the advice of the government that the BCCI chose not to participate in any bilateral cricket with Pakistan.

Khurshid's deposition caught the Pak board by surprise as the latter was only represented by its former chief Najam Sethi and Chief Operating Officer Subhan Ahmad.
Click to expand...
 
Itachi said:
Is it confirmed?

But BCCI should sue PCB over this. Otherwise it will set of false pretence that "you can atleast try to leech even if you don't have a case".
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Yes confirmed. On all major media channels. And bcci is counter suing to recover legal fees.
 
cricketjoshila said:
Problem is that PCB may have caused the BCCI to firmly close the door on any future negotiations.
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True. Now BCCI will not give anything in writing to PCB. Who knows, some future PCB bigwig may try to prove it to be a legally binding document. :srini
 
Tusker said:
Yes confirmed. On all major media channels. And bcci is counter suing to recover legal fees.
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That would be for around $4 million if I am correct. Add a couple of bucks for admin costs.
 
After legal victory, BCCI to file counter case to recover legal costs from PCB ​

The BCCI on Tuesday said it will approach the ICC's Dispute Resolution Committee to recover the legal cost from the Pakistan Cricket Board after the sport's world governing body rejected Pakistan's compensation claim against India for not playing bilateral series.

The ICC's dispute panel dismissed Pakistan's compensation claim against India for allegedly failing to honour a Memorandum of Understanding (MoU) on bilateral series.

"After hearing the evidence and arguments of the parties over three days in Dubai, the Dispute Panel 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," said the BCCI in a statement.

"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," it added.

The PCB had demanded Rs 447 crore compensation after alleging that the BCCI didn't honour the MoU that required India to play six bilateral series between 2015 to 2023.

The BCCI, on its part, maintained that the alleged MoU was not binding and did not stand as Pakistan failed to honour a commitment to support the revenue model suggested by India for the ICC.
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Link: https://economictimes.indiatimes.co...legal-costs-from-pcb/articleshow/66710821.cms
 
There you go. This is change for BCCI and if the news is correct then they are making a point.
If BCCI gets a judgment in their favor then have Mr Sethi and his cronies pay the costs.
 
Sethi again is doing more damage to PCB. Now they will have to pay these dollars to BCCI.
 
Oh dear. This is not going to go down well at all. Can PCB afford to pay 4 million dollars and change at this point.
 
Nikhil_cric said:
Oh dear. This is not going to go down well at all. Can PCB afford to pay 4 million dollars and change at this point.
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Lol Indian Posters proper rubbing it in.

Do you think BCCI would have paid a dollar if the court ruled against them?

PCB also will not pay a penny
 
"Moral" Obligation but not a "legal" one. I bed Sethi knew about this. So Zaka Ashraf was right all along, that this MOU means nothing, hence the support of Big 3 at that time was based on a lie.
 
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