PCB ordered to pay BCCI nearly $2m after losing legal dispute

Ag agencies

KARACHI: The cash-starved Pakistan Cricket Board (PCB) suffered a blow on Wednesday when it was asked to pay the Indian cricket board (BCCI) nearly two million dollars in legal costs.

The Dispute Resolution Committee of the International Cricket Council (ICC) has ordered PCB to pay 60 percent of the legal costs incurred on the case that Pakistan filed against India over a bilateral series agreement.

Last month, PCB’s attempt to claim US$ 63 million from the BCCI for two bilateral series that did not take place in 2014 and 2015 was rejected by the DRC.

As is the norm in arbitration cases such as this, the winning party claims legal costs from the losing side, which the BCCI had done. Those claims were submitted a week after the decision.

As with the final decision, there was a morsel of consolation for the PCB in that the panel decided they would not have to pay full costs.

“The Dispute Panel,” an ICC statement said, “has determined that the PCB should pay 60 percent of: “(a) the [BCCI’s] Claimed Costs; and (b) the administrative costs and expenses of the Panel... (including, without limitation, the fees of the Tribunal members, and the costs and expenses they incurred in relation to this matter), the figure whereof is to be supplied to the PCB by the ICC.”

Though neither party has made the total amount public, 60% is understood to come out to roughly US$ 2 million. For a board that already does without playing India at bilateral cricket, or at home in Pakistan, that will be an especially unwelcome blow.

“The PCB notes the ICC Dispute Panel’s decision on BCCI’s claims for their legal expense incurred on the PCB-BCCI dispute,” the board said. “The award of significantly lesser costs than claimed by BCCI reflects that PCB’s case had merits. The PCB, however, reiterates its disappointment in the original decision/award given against it.”

Meanwhile, a report quoted BCCI treasurer Anirudh Chaudhry as saying that the stance of the BCCI office bearers stood vindicated after the judgment and he was also quick to thank all those who deposed for the board in the matter.

“I am yet to read the decision but this should now put to rest all speculation regarding this matter and it vindicates the stand of the then office-bearers of the BCCI in this regard who were engaging with the other boards on the FTP at that point in time. The BCCI is grateful to all those who deposed for the board and to its legal team, specifically Raghu Raman, Sr. Advocate and Ian Mills, QC,” he had said.

As per claims by PCB, then BCCI secretary Sanjay Patel had signed the ‘Memorandum of Understanding’ between BCCI and PCB wherein the Indian and Pakistan cricket board had entered into an agreement that the two countries would play six series comprising at least two Tests, five ODIs and two T20Is between December 2015 and December 2023 with four of them being hosted by the PCB. The move never went forward as the BCCI cited lack of approval from the Indian government.

Herbert Smith Freehills along with British lawyer QC Ian Mills fought India’s case while PCB was represented by Khwaja Ahmad Hosain, Advocate Supreme Court of Pakistan, Alexandros Panayides of Clifford Chance, London and Salman Nasser, PCB GM Legal Affairs. The ICC Disputes Panel was made up of three members — Michael Beloff QC, Jan Paulsson and Dr Annabelle Bennett.