Friday, July 03, 2009
Wednesday, July 01, 2009
PCB Implosions
With the sacking of the selectors and internal investigations and infighting it will be very hard for PCB to keep its focus on the worldcup issue. Further Butt seems to be dealing with everything. They should get some other people out on the ground. With money issues compounding factors it looks like a bumpy ride even if the bridge is not already out.
ICC Must Ensure Complete Transparency and Impartiality
ICC must ensure the neutrality of the Disputes Resolution Committee and the process should be transparent in who is on the committee, how they got there, What is the scope of their juridiction (is it very limited or broad), What did they consider and what was the ruling.
Tuesday, June 30, 2009
Next Stop: Disputes Resolution Committee
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=Cricket&id=19538a73-8b75-4ad0-a923-85924618d163&Headline=PCB+pins+hope+on+ICC+committee+to+get+WC+hosting+rights
I was trying to find out about the ICC Disputes Resolution Committee and who is on it but the ICC Committees page (http://icc-cricket.yahoo.net/the-icc/about_the_organisation/icc_committees.php) does not list this committee.
May be it is only constituted when a dispute arises.
Under the ICC Departments page (http://icc-cricket.yahoo.net/the-icc/about_the_organisation/icc_departments.php) it says that The Legal Department handles dispute resolution. I don't know whether it is the same thing.
A search for the Disputes Resolution Committee on the ICC page leads to icc-cricket.yahoo.net/pdfs/disputes-resolution-committee.pdf but for now this page is not working.
I was trying to find out about the ICC Disputes Resolution Committee and who is on it but the ICC Committees page (http://icc-cricket.yahoo.net/the-icc/about_the_organisation/icc_committees.php) does not list this committee.
May be it is only constituted when a dispute arises.
Under the ICC Departments page (http://icc-cricket.yahoo.net/the-icc/about_the_organisation/icc_departments.php) it says that The Legal Department handles dispute resolution. I don't know whether it is the same thing.
A search for the Disputes Resolution Committee on the ICC page leads to icc-cricket.yahoo.net/pdfs/disputes-resolution-committee.pdf but for now this page is not working.
Dramatis Personae
The BCCI The Dark Lord Sauron
The MCC Saruman the White
PCB The Hobbits
Lalit Modi Gollum (My precious)
ICC Nasquool
Mani Gandalf the Gray
Ejaz Butt Samwise
Younis Khan Aragorn
Afridi Legolas
Pawar The Orc commander
Mohammad Aamer Frodo
The MCC Saruman the White
PCB The Hobbits
Lalit Modi Gollum (My precious)
ICC Nasquool
Mani Gandalf the Gray
Ejaz Butt Samwise
Younis Khan Aragorn
Afridi Legolas
Pawar The Orc commander
Mohammad Aamer Frodo
Conversations With BCCI Supporters ... if you can call them that
You may find these interesting
http://groups.google.com/group/rec.sport.cricket/browse_frm/thread/b63c0d74dc8919a4/86f05d73a41dc889?hl=en#86f05d73a41dc889
http://groups.google.com/group/rec.sport.cricket/browse_frm/thread/a736b572e11b4670/2ff440ed2e284022?hl=en#2ff440ed2e284022
http://groups.google.com/group/rec.sport.cricket/browse_frm/thread/f8daa5d14a413228/4475084be6dc0b3e?hl=en#4475084be6dc0b3e
http://groups.google.com/group/rec.sport.cricket/browse_frm/thread/b63c0d74dc8919a4/86f05d73a41dc889?hl=en#86f05d73a41dc889
http://groups.google.com/group/rec.sport.cricket/browse_frm/thread/a736b572e11b4670/2ff440ed2e284022?hl=en#2ff440ed2e284022
http://groups.google.com/group/rec.sport.cricket/browse_frm/thread/f8daa5d14a413228/4475084be6dc0b3e?hl=en#4475084be6dc0b3e
Monday, June 29, 2009
Fans of BCCI and Experts on Contracts a Query for You
Can you tell us how those of you who support the BCCI position on the world cup justify the IPL contract position of the franchises and the BCCI. Now the ICC has given governments unilateral power to act to stop players but the boards do not have such power. What was written in these IPL contracts that allowed the franchises first of all to on an ad hoc basis cancel or suspend the contracts. Second what were the rights granted to the franchises to act unilaterally in the contracts. Third if the basis of the suspensions and cancellations was that the matches will be in India then once the matches moved why did those suspensions and cancellations not become nullified. The issue is that no player can take on the BCCI in the courts. It will financially finish them off since no one can litigate as long as the BCCI and knowing its vindictive nature players who resort to legal measures will not be awarded any further contracts. Even the ICL, which had a lot of money, could not sustain a battle against the BCCI. That does not make BCCIs position correct. It just makes it a monster.
Next is the removal of the PCB team from the Champions League again on an ad hoc basis without consultation of any of the other partners. This was not purely invitational. BCCI got the votes against ICL and got the ICL players banned on the basis that these teams will play in the Champions League. As soon as the votes were in and ICL broken the PCB team was excluded from the Champions League. Let us even consider the case that this was purely invitational even then once invited PCB vacated that period of time on the calendar for the benefit of BCCI. It could have had other activities during that time but some of those opportunities were lost. This should result in the BCCI having to pay compensatory damages but again it is so big and a ghunda that it becomes very hard to counter it.
A Children's Tale
The BCCI supporters main argument now seems to be that the four countries were tasked by the ICC to hold the world cup matches and therefore legally (contractually) if PCB cannot hold the matches in Pakistan it should forfeit its rights and a fifth country should not be allowed because of the wording of the contract (Not that anyone has yet seen the contract or whatever document is being used). The BCCI held its IPL tournament in South Africa due to security concerns so why isn't this valid for the PCB? Because they say its contractually so and if the other boards (meaning BCCI) do not wish it so then contractually it cannot be done (again never mind that we have not yet seen this piece of paper).
For the moment let us grant them this position that this line is present in the contract. I would like to tell you a children's story that I wrote and I think would make a fabulous children's book, if I say so myself, with a few nice illustrations. So here we go ...
The Tale of Two Loggers
(Doe Lakrharay: That is the Urdu version)
There were once two loggers Ghatia and Barhia.
They were hired by a log cabin builder, Thali Ka Baingan, to deliver logs to his new cabin site. Ghatia had many yellow trucks and Barhia had a Green truck.
"Deliver the logs in five days in your trucks", said Thali Ka Baingan, "and I will give you each a thousand dollars."
Four days before the delivery Barhia's truck broke down.
He went to his friend Mudadgar and asked him if he could borrow his truck to deliver the logs.
Mudadgar was happy to help Barhia.
When Ghatia found out about this his greedy eyes lit up. He had thought up a way to get Barhia's share of 1000 dollars.
He told Barhia that Thali Ka Baingan had told them to use their trucks. "You cannot use Mudadgar's truck.", said Ghatia, "I will use another one of my trucks and I will rent it to you for eight hundred dollars."
"But what's wrong if I use Mudadgar's Truck?", said Barhia dismayed, "He is not charging me anything."
"No you cannot do that it will cause dilution of concept.", said Ghatia.
Author's aside: At this point in the story invariably some kid gets up and asks, "uncle what is dilution of concept?" Unable to handle the big words it usually comes out sounding something like what George Bush might say: The lotion of constipation. You have to shush the child and tell him he will find out in due course. Ok, back to the story.
"I am going to use Mudadgar's truck and I will let Baingan know that I will arrive in his truck.", said Barhia.
Now Ghatia had already talked with Thali Ka Baingan and told him to tell Barhia to use the Ghatia Truck Company. He threatened Baingan, "I control most of the trucks. If you do not do as I say you will not be able to build another cabin."
Therefore when Barhia came to talk with Baingan he was ready. Said Baingan, "I explicitly said use your trucks. You cannot use anyone else's trucks but we will let you have two hundred dollars for doing nothing."
Barhia was angry and went to the judge. The judge called in everyone and listened to Barhia's complaint. After Barhia had finished the judge said to Thali Ka Baingan, "If Barhia uses Mudadgar's truck will all your logs be delivered on time?"
"Yes.", said Thali Ka Baingan.
The judge then turned to Ghatia and asked, "If Barhia uses Mudadgar's truck would it cut into your original share?"
"No.", said Ghatia.
The judge was perplexed. "So why wouldn't you two let Barhia use Mudadgar's truck."
Thali Ka Baingan kept quiet but Ghatia said, "It will dilute our concept."
"What is that?", asked the judge.
"Well Thali Ka Baingan had specifically stated that we use our trucks. The concept of "our trucks" would be diluted.", said Ghatia.
The judge looked at Thali Ka Baingan and asked him whether he agreed.
Baingan mumbled something about that he had used the words their trucks.
Now kids if you are the judge what do you decide. Do you let Barhia use Mudadgar's truck or would you let Ghatia go forward with his plan?
For the adults who still do not get it they can read that play by Shakespeare which said something about a pound of flesh.
For the moment let us grant them this position that this line is present in the contract. I would like to tell you a children's story that I wrote and I think would make a fabulous children's book, if I say so myself, with a few nice illustrations. So here we go ...
The Tale of Two Loggers
(Doe Lakrharay: That is the Urdu version)
There were once two loggers Ghatia and Barhia.
They were hired by a log cabin builder, Thali Ka Baingan, to deliver logs to his new cabin site. Ghatia had many yellow trucks and Barhia had a Green truck.
"Deliver the logs in five days in your trucks", said Thali Ka Baingan, "and I will give you each a thousand dollars."
Four days before the delivery Barhia's truck broke down.
He went to his friend Mudadgar and asked him if he could borrow his truck to deliver the logs.
Mudadgar was happy to help Barhia.
When Ghatia found out about this his greedy eyes lit up. He had thought up a way to get Barhia's share of 1000 dollars.
He told Barhia that Thali Ka Baingan had told them to use their trucks. "You cannot use Mudadgar's truck.", said Ghatia, "I will use another one of my trucks and I will rent it to you for eight hundred dollars."
"But what's wrong if I use Mudadgar's Truck?", said Barhia dismayed, "He is not charging me anything."
"No you cannot do that it will cause dilution of concept.", said Ghatia.
Author's aside: At this point in the story invariably some kid gets up and asks, "uncle what is dilution of concept?" Unable to handle the big words it usually comes out sounding something like what George Bush might say: The lotion of constipation. You have to shush the child and tell him he will find out in due course. Ok, back to the story.
"I am going to use Mudadgar's truck and I will let Baingan know that I will arrive in his truck.", said Barhia.
Now Ghatia had already talked with Thali Ka Baingan and told him to tell Barhia to use the Ghatia Truck Company. He threatened Baingan, "I control most of the trucks. If you do not do as I say you will not be able to build another cabin."
Therefore when Barhia came to talk with Baingan he was ready. Said Baingan, "I explicitly said use your trucks. You cannot use anyone else's trucks but we will let you have two hundred dollars for doing nothing."
Barhia was angry and went to the judge. The judge called in everyone and listened to Barhia's complaint. After Barhia had finished the judge said to Thali Ka Baingan, "If Barhia uses Mudadgar's truck will all your logs be delivered on time?"
"Yes.", said Thali Ka Baingan.
The judge then turned to Ghatia and asked, "If Barhia uses Mudadgar's truck would it cut into your original share?"
"No.", said Ghatia.
The judge was perplexed. "So why wouldn't you two let Barhia use Mudadgar's truck."
Thali Ka Baingan kept quiet but Ghatia said, "It will dilute our concept."
"What is that?", asked the judge.
"Well Thali Ka Baingan had specifically stated that we use our trucks. The concept of "our trucks" would be diluted.", said Ghatia.
The judge looked at Thali Ka Baingan and asked him whether he agreed.
Baingan mumbled something about that he had used the words their trucks.
Now kids if you are the judge what do you decide. Do you let Barhia use Mudadgar's truck or would you let Ghatia go forward with his plan?
For the adults who still do not get it they can read that play by Shakespeare which said something about a pound of flesh.
Thuggery or the Art of Twisting Arms
For those who think there is anyone else other than BCCI behind the move to take the games away from PCB the following article from The Telegraph (India) might be instructional. Also note Morgan's words
“A fifth country? The board considered that but it has decided the 14 matches originally allocated to Pakistan should take place in the three other Indian subcontinent countries of the full members,”
Compare that to less than a week earlier,
A STAFF REPORTER
Calcutta: The International Cricket Council (ICC) has ruled out shifting Pakistan’s share of the 2011 World Cup matches to a neutral venue, reaffirming that the games taken away from the troubled nation on security grounds will be held in the other three co-host countries.
At the board meeting in London, the ICC refused to give back Pakistan its share of 14 matches, besides ruling out the possibility of involving any other country.
One learns there was considerable arm twisting by the BCCI to ensure that Pakistan did not get back its matches and Sri Lanka and Bangladesh fell in line. Some of the other boards also supported the BCCI.
“The ICC World Cup 2011 Central Organising Committee has been asked to meet as soon as possible and recommend to the ICC board, venues within the other three host countries for the 14 matches originally set for Pakistan,” the ICC said in a statement.
ICC president David Morgan said the neutral venue option, floated by the Pakistan Cricket Board itself, was discussed at the meeting but was eventually ruled out.
“A fifth country? The board considered that but it has decided the 14 matches originally allocated to Pakistan should take place in the three other Indian subcontinent countries of the full members,” Morgan said.
“We need a recommendation from those four host nations, including Pakistan. They will come forward with the location of those matches to the commercial board of the ICC,” he added.
The ICC’s commercial board also reiterated that Lahore would no longer be the World Cup administrative headquarters, which has been shifted to Mumbai.
Meanwhile, the PCB accepted the ICC board’s offer of a task team to help ensure Pakistan retains its position in international cricket. No country is willing to tour the strife-torn nation.
In another decision, the ICC has shifted the under-19 World Cup from Kenya to New Zealand after the African nation was found to be underprepared for hosting the event in February.
http://www.telegraphindia.com/1090627/jsp/sports/story_11163855.jsp
“A fifth country? The board considered that but it has decided the 14 matches originally allocated to Pakistan should take place in the three other Indian subcontinent countries of the full members,”
Compare that to less than a week earlier,
"There are already four host nations. There could be a fifth country hosting matches."
Also note he does not give any reason. Certainly not the dilution of concept. Infact now there is no reason. It is just that we want it so.
A STAFF REPORTER
Calcutta: The International Cricket Council (ICC) has ruled out shifting Pakistan’s share of the 2011 World Cup matches to a neutral venue, reaffirming that the games taken away from the troubled nation on security grounds will be held in the other three co-host countries.
At the board meeting in London, the ICC refused to give back Pakistan its share of 14 matches, besides ruling out the possibility of involving any other country.
One learns there was considerable arm twisting by the BCCI to ensure that Pakistan did not get back its matches and Sri Lanka and Bangladesh fell in line. Some of the other boards also supported the BCCI.
“The ICC World Cup 2011 Central Organising Committee has been asked to meet as soon as possible and recommend to the ICC board, venues within the other three host countries for the 14 matches originally set for Pakistan,” the ICC said in a statement.
ICC president David Morgan said the neutral venue option, floated by the Pakistan Cricket Board itself, was discussed at the meeting but was eventually ruled out.
“A fifth country? The board considered that but it has decided the 14 matches originally allocated to Pakistan should take place in the three other Indian subcontinent countries of the full members,” Morgan said.
“We need a recommendation from those four host nations, including Pakistan. They will come forward with the location of those matches to the commercial board of the ICC,” he added.
The ICC’s commercial board also reiterated that Lahore would no longer be the World Cup administrative headquarters, which has been shifted to Mumbai.
Meanwhile, the PCB accepted the ICC board’s offer of a task team to help ensure Pakistan retains its position in international cricket. No country is willing to tour the strife-torn nation.
In another decision, the ICC has shifted the under-19 World Cup from Kenya to New Zealand after the African nation was found to be underprepared for hosting the event in February.
http://www.telegraphindia.com/1090627/jsp/sports/story_11163855.jsp
Subscribe to:
Comments (Atom)
