18 May 2009

The Tantrum - an Update

So some civil court in Lahore has passed an order in the case filed by the PCB. For more read here. Can someone please explain to me what this means - what does not being able to move the World Cup Secretariat mean??

How long does the court of arbitration for sport usually take to resolve a dipute? The good news as a lawyer is that we get to learn something about other law firms - Vellani and Vellani - I wonder what they charge!


Q said...

TM, this is only one of the many cases that the PCB have filed.

The cases are as follows:

1) Legal notice to ICC for stripping host status without due procedure
2) Case filed with CAS for undue stripping of host status.
3) Case filed with Lahore High Court on moving World Cup secretariat from Lahore to Mumbai.

Now what u have read is a decision on case #3.

And its not a decision, its just a stay order because the ICC lawyers asked for the hearing to be adjourned.

PCB's claim is that the secretariat cannot be moved out of Lahore unless PCB is stripped as hosts. And since even that is pending a legal case, hence...

Plus since the secretariat is in Lahore, the jurisdiction is that of the Lahore courts.

Now the hearing is on June 2 based on ICC lawyers' request. Decision will be taken after that.

Vivekananda said...

It will be fairly interesting to see on what basis Pakistan has sought this relief. Just some brief questions/ideas.

What is the World Cup Secretariat created under? What Agreement is the PCB saying should be enforced? Would not the Lahore Court be well within its right to direct enforcement of some kind of hosting agreement? Subsequent questions of PIL would no doubt arise. Or will the ICC argue that dispute resolution under the Hosting agreement must be by recourse to the TAS/CAS, and in any case not to a Lahore court?

What is the right of co-hosts to shift venues (Supposedly a google elusive clause 23.5 of the hosting agreement)? How is this supposed to work? Unilaterally or by mutual consultation? Cannot Pakistan argue that this right cannot be exercised without recourse to it first?

Soulberry said...

Assuming after a fair hearing, the courts declare the entire World Cup illegal...it would be interesting then to see what happens. Till such a time plenty of arm twisting will go on to extract maximum benefits in any case.

pervy said...

Just logged on to island express after a long time.. have you actually started bagging test cricket???!!!! nice.. it makes me happy to know that you re bagging test cricket and rohit sharma on this blog.. as if they were the same kinds.. class