PCB initiates formal case against BCCI, sends notice for dispute resolution

By
Faizan Lakhani
|

KARACHI: The Pakistan Cricket Board has initiated formal dispute resolution proceedings against the BCCI to claim compensation and damages it suffered due to BCCI’s refusal to play bilateral series with the Pakistan Cricket Board.

The BCCI, in 2014, agreed to play six bilateral series with Pakistan from 2015 to 2023, four of which were to be hosted by the Pakistan Cricket Board. However, the BCCI has refused to play any of the agreed series yet, neither in Pakistan nor at any neutral venue as Sri Lanka and the United Arab Emirates.

Frustrated at BCCI’s attitude, the Pakistan Cricket Board has now opted to take legal course of action against the Indian counterparts and have initiated formal proceedings against them to start a case in ICC’s despite resolution committee.

“The PCB has today sent to BCCI a Notice of Dispute under the Dispute Resolution Committee Terms of Reference of the ICC (ICC TORs) for breaching the agreement executed between PCB and BCCI in respect of the FTP for the period 2014-2023. PCB has claimed the losses and damage suffered by it as a result of BCCI’s breaches of the agreement,” said PCB in a statement on Wednesday.

Reliable sources have told geo.tv that as PCB is looking to seek $60 million to $ 70 million for each series India has refused to play against Pakistan.

As the first step towards the resolution of the matter in ICC, the PCB will have to enter mandatory good faith negotiation phase with the BCCI before the committee finally takes up the case.

According to the rule 5 of the TORs set by the ICC’s dispute resolution committee BCCI will have to reply to PCB’s notice in seven days, after which in next 7 days both the parties will meet for good faith negotiations and if such good faith negotiations fail to resolve the matter then another meeting will be held in next bracket of 7 days, along with ICC’s CEO.

“In the event that these further discussions fail to resolve the dispute, the parties shall make one final attempt to resolve the dispute through good faith discussions with the assistance of the ICC Chairman (or, where the ICC Chairman is in any way involved in or connected to the dispute, the Chairman of the ICC Executive Committee), whether in person or via telephone or video conference. Any such meeting should take place as soon as reasonably practicable,” said the article number 5.1.5 of TORs.

The good faith negotiation should not last for more than 45 days and if both the parties fail to successfully resolve the matter within forty-five days then the matter will finally be sent to the dispute resolution panel.

“The decision of the Dispute Panel shall be non-appealable and shall remain the final and final decision in relation to the matter and binding on all parties,” the ICC has confirmed in the TORs set for dispute resolution committee.