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Nimbus wins another arbitration case against BCCI
#1
MUMBAI: It’s 2-0 in favour of Nimbus
Communications as the Board of
Control for Cricket in India (BCCI)
has lost yet another arbitration case
in the spate of two months against
the media company.
In the latest round, the Arbitral
Tribunal headed by retd Justice SH
Kapadia has asked the BCCI to pay Rs
12 crore (Rs 120 million) to Nimbus
for wrongfully terminating the
television production agreement,
according to a report in Mumbai
Mirror.
The BCCI had terminated the TV
production agreement with Nimbus in
2012. This was after the cricket
board had terminated the TV rights
agreement in December 2011.
Nimbus challenged the termination
before the Arbitral Tribunal, which
ruled in its favour in an order
delivered on 31 August.
According to the report, Justice
Kapadia has upheld the claim of Nimbus
in two parts, with the amount adding
up to around Rs 12 crore (Rs 120
million).
The amount is payable to Nimbus as on
31 August. However, the BCCI is most
likely to file an appeal against the
order.
In July, the Bombay High Court
directed BCCI to pay Rs 9 crore (Rs 90
million) to Nimbus for the supply of
equipment and associated services for
TV production of matches, Mumbai
Mirror had reported.
The BCCI had refused to pay the said
amount contending that it must be
adjusted from the payment claimed by
the BCCI under the TV rights
agreement.
The cricket board had terminated its
TV rights contract with Nimbus in
2011 and had claimed Rs 362 crore (Rs
3.62 billion) from the company under
that agreement.
Subsequently, Nimbus terminated the
equipment supply and invoked the
arbitration clause and filed
arbitration proceedings against the
BCCI.
The bench of Justice RD Dhanuka
observed that the BCCI’s plea of
adjusting the said amount with the
dues it was claiming against Nimbus
was legally untenable.
As per the report, the BCCI also
sought a stay from the HC of its own
order, so that it could approach the
higher court. However, Justice
Dhanuka rejected the request.
In another setback for the BCCI, the
terminated Kochi Tuskers Kerala had
won an Rs 550 crore (Rs 5.5 billion)
arbitration appeal against the cricket
board in July.
http://www.televisionpost.com/news/nimbu...inst-bcci/
ANIL G


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