BCCI Wins Appeal Against DC Arbitration Award

The Board of Control for Cricket in India can rejoice after the Mumbai High court has given its judgment favouring its side. The BCCI had brought charges against the Arbitration Award to challenge the July 2020 award to pay INR 4800 crore. However, the Mumbai court favoured Deccan Chargers of the Indian Premier League (IPL), saying that the termination of its set of approval was unacceptable. 

“The high court has set aside the arbitral tribunal’s award, which means that the BCCI will not be liable to pay ₹4,800 crores. However, the order passed is appealable and therefore can be challenged in an appeal,” said Ashish Pyasi, associate partner Dhir & Dhir Associates. He has represented Deccan Chargers in the past.

The court put away the arbitrator’s order that requested BCCI to pay in abundance from 4800 crore rupees as remuneration to Deccan Chronicle Holding Ltd (DCHL), the proprietors of the previous IPL side Deccan Chargers (DC). Although, this case relates to the BCCI decision of terminating the franchise agreement with DCHL in September 2012, which was put into test by the Hyderabad team in the Bombay High Court. The DCHL did not furnish a bank guarantee of Rs 100 crore from a nationalized bank to the BCCI. 

The court-appointed CK Thakkar, a retired judge, as sole arbitrator in the case who then awarded Rs 4800 crore in favour of the IPL team. 

As expected, the BCCI had to challenge the arbitrator. 

“It is a major relief for the BCCI. The Arbitration Award was huge, close to Rs 5000 crore. So we are thankful to the honorable court,“ a BCCI office-bearer told Cricbuzz. 

Raju Subramaniam, the BCCI counsel representing the board in the arbitration case, said that the verdict vindicates the BCCI stand. 

 “The Arbitration Award was unsustainable. The franchise had not performed its duties and sought compensation. Consequently, the award could not have been sustained,” the BCCI counsel said.

In this case, the BCCI was represented by Tushar Mehta, solicitor General of India, and law firm Cyril Amarchand Mangaldas. For DCHL, Senior Counsel Haresh Jagtiani described them. 

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Reference Resource:

1. https://www.cricbuzz.com/cricket-news/117777/bcci-wins-appeal-against-dc-arbitration-award-cricbuzzcom
2. https://www.cyrilshroff.com/bcci-wins-appeal-against-dc-arbitration-award/

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