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India Today
3 hours ago
- Business
- India Today
Setback for BCCI as court affirms Rs 538-crore arbitral awards to Kochi Tuskers
In a significant setback for the Board of Control for Cricket in India (BCCI), the Bombay High Court on Tuesday affirmed arbitral awards exceeding Rs 538 crore in favour of the owners of the now-defunct Indian Premier League (IPL) franchise Kochi Tuskers Kerala [BCCI v Kochi Cricket Private Limited and others].Justice R.I. Chagla, presiding as a single judge, dismissed the BCCI's challenge to the arbitral awards, ruling that the court could not act as an appellate authority over the arbitrator's jurisdiction of this Court under Section 34 of the Arbitration Act is very limited. BCCI's endeavour to delve into the merits of the dispute is in teeth of the scope of the grounds contained in Section 34 of the Act. BCCI's dissatisfaction as to the findings rendered in respect of the evidence and/or the merits cannot be a ground to assail the Award," the court observed. The Kochi Tuskers franchise, awarded to a consortium led by Rendezvous Sports World (RSW) and later operated by Kochi Cricket Private Limited (KCPL), participated in the 2011 IPL season. However, the BCCI terminated the franchise in September 2011, citing a breach of the franchise agreement—specifically, the failure to furnish a 10% bank guarantee amid internal disputes between the had contended that the delay was due to unresolved issues including stadium availability, regulatory approvals on shareholding, and a sudden reduction in the number of IPL matches. Despite the delay, BCCI continued engaging with KCPL for several months and accepted various payments, before abruptly terminating the franchise and encashing a prior guarantee issued by proceedings were initiated by both KCPL and RSW in 2012, with the tribunal ruling in their favour in 2015. It awarded ?384 crore to KCPL for loss of profits and Rs 153 crore to RSW for wrongful encashment of the bank guarantee, along with interest and legal contested the awards, arguing that the tribunal had exceeded its jurisdiction and misapplied legal principles. It insisted that KCPL's failure to provide the bank guarantee amounted to a fundamental breach, justifying the termination. It also objected to the award of both loss of profits and wasted expenditure, claiming the damages were excessive and in breach of the contractual BCCI challenged the validity of RSW's arbitration claim under the Indian Partnership response, KCPL and RSW argued that BCCI had, through its conduct, effectively waived the guarantee deadline and that the termination was unjustified and disproportionate. They maintained that the arbitrator's ruling was based on "a correct appreciation of the evidence on record".The Court concurred, finding no grounds to interfere with the arbitral findings. "The arbitrator's conclusion that the BCCI's termination of the Kochi franchise was a repudiatory breach of contract would call for no interference under Section 34 of the Arbitration Act," the Court held. It emphasised that "just because a different view may be possible would not be a ground for interference with the award."advertisementWith this ruling, the Bombay High Court has reinforced the finality of arbitral awards and limited judicial scrutiny under the Arbitration and Conciliation Act, marking a clear judicial endorsement of the arbitral process in commercial disputes."Thus, based on these material facts and documents on record, the finding of the learned Arbitrator that BCCI waived the requirement under Clause 8.4 of the KCPL-FA for furnishment of bank guarantee for 2012 season on or before 22nd March, 2011 cannot be faulted," the Court Watch
Hindustan Times
13 hours ago
- Business
- Hindustan Times
BCCI pleas on arbitration awards dismissed in Kochi IPL franchise case
MUMBAI: In a setback for the Board of Control for Cricket in India (BCCI), the Bombay High Court on Tuesday refused to interfere with two arbitration awards, directing the cricket controlling body to pay ₹385.50 crore to Kochi Cricket Private Ltd (KCPL) and ₹153.34 crore to Rendezvous Sports World (RSW) in connection with the Kochi IPL (Indian Premier League) franchise. A single judge bench of Justice Riyaz Chagla rejected two arbitration petitions challenging separate arbitration awards passed in connection with franchise agreements executed with RSW in April 2010 and in March 2011 with KCPL – a joint venture between BCCI and RSW. Both the arbitral awards were passed on June 22, 2015. On September 19, 2011, BCCI terminated its franchise agreements with RSW and KCPL over non-furnishing of requisite bank guarantees contemplated under the agreements, after both invoked arbitration clauses. The arbitrator ruled in favour of the franchise owner and the joint venture, and directed the cricket controlling body to pay ₹385.50 crore to KCPL and ₹153.34 crore to RSW along with interest at the rate of 18% per annum. The BCCI challenged the award before the high court, contending that the arbitral award suffered from several errors apparent on the face of the record, misapplication of legal principles, and findings unsupported by evidence, warranting its setting aside under Section 34 of the Arbitration Act. TN Subramanian, senior counsel, appearing for the BCCI in one of the petitions, submitted that the impugned award having been passed in the arbitral proceedings commenced pursuant to the defective notice invoking arbitration, and hence cannot be sustained and ought to be set aside by the court. Senior counsel Vikram Nankani, appearing for RSW and KCPL argued that the BCCI's move of terminating the agreement was mala fide and that the arbitral award did not require interference by the court. 'There is no patent illegality in the impugned awards which requires any interference by this court,' the high court observed while dismissing BCCI's petitions. KCPL and RSW have been permitted to withdraw the sums deposited by the BCCI after a period of six weeks from the order on Tuesday, on the request of BCCI's senior counsel Rafiq Dada, to allow the cricket body time to file an appeal against the high court's ruling. BCCI officials were not available for comment. Secretary Devajit Saikia did not respond to HT'S query on whether BCCI intends to contest the ruling.
Edinburgh Reporter
05-05-2025
- Entertainment
- Edinburgh Reporter
Two Worlds: Kate Bentley exhibition shows Edinburgh in a different light
An independent Edinburgh art gallery has announced details of a new exhibition featuring work by artist Kate Bentley RI RSW. Two Worlds will be Bentley's first solo exhibition at Morningside Gallery and includes forty new paintings from the award-winning artist, who works from her studio by the sea in south-west Scotland. The exhibition promises to be a truly striking collection of paintings, exploring two main subjects: Edinburgh as a city, and the artist's love of gardens, whether her own, those of her imagination or the Royal Botanic Gardens in Edinburgh. These two worlds inspire the name of the exhibition and reflect the way Kate engages with her subjects and her materials, with the interplay of the real and the imagined always present. Her location and the landscape hugely influence her subject matter and in many ways Kate is a 'painter of life', using traditional methods of en-plein air sessions and life drawing to create her work. Many of her garden paintings are both botanical studies and imaginative narrative works in equal measure, often with a kaleidoscopic element which fractures and distorts the flow, inviting a second look to fully take in the scene. In her paintings of Edinburgh, the city is presented as a witness to the many stories told and lives lived, past and present. A city of beautiful gardens and breathtaking natural landmarks sitting alongside historical architecture. The mark-making in these paintings leads the eye to new places, new points of interest, taking the viewer on a journey which feels like an adventure; both expansive and immensely satisfying. Eileadh Swan, director of Morningside Gallery said: 'We're absolutely delighted to be introducing our first solo exhibition of Kate Bentley's paintings, and to welcome her to the gallery on Friday 2 May, for a Private View ahead of the exhibition launch the following day. It's a truly dazzling collection of work which really highlights Kate's fearless experimentation and urge to tear up the rule book, giving her paintings a completely new dimension.' Commenting on the exhibition, Kate Bentley RI RSW said: 'My son moved to Edinburgh a few years ago which gave me reason to visit more often. There is something comfortable and un-threatening about the town; the hills and proximity of the sea are familiar to me and the architecture, history and gardens are all subject areas that I find inspiring. There is a sense of the many lives that have lived here, and the various epochs that the city has endured and been shaped by.' Based at Church Hill in Morningside, the gallery will have 40 new paintings in the exhibition, which can also be viewed online and toured as a virtual exhibition for anyone who is unable to make it to Edinburgh. The exhibition will run in the gallery until Sunday 18 May, and is open to the public. Like this: Like Related
Scotsman
30-04-2025
- Entertainment
- Scotsman
Two Worlds: exhibition from artist Kate Bentley shows Edinburgh in a different light
An independent Edinburgh art gallery has announced details of a new exhibition of work from artist Kate Bentley RI RSW. Sign up to our Arts and Culture newsletter, get the latest news and reviews from our specialist arts writers Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Two Worlds will be Bentley's first solo exhibition at Morningside Gallery and includes forty new paintings from the award-winning artist, who works from her studio by the sea in south-west Scotland. The exhibition promises to be a truly striking collection of paintings, exploring two main subjects: Edinburgh as a city, and the artist's love of gardens, whether her own, those of her imagination or the Royal Botanic Gardens in Edinburgh. Advertisement Hide Ad Advertisement Hide Ad These two worlds inspire the name of the exhibition and reflect the way Kate engages with her subjects and her materials, with the interplay of the real and the imagined always present. Her location and the landscape hugely influence her subject matter and in many ways Kate is a 'painter of life', using traditional methods of en-plein air sessions and life drawing to create her work. Kate Bentley, When Outside Becomes Inside Many of her garden paintings are both botanical studies and imaginative narrative works in equal measure, often with a kaleidoscopic element which fractures and distorts the flow, inviting a second look to fully take in the scene. In her paintings of Edinburgh, the city is presented as a witness to the many stories told and lives lived, past and present. A city of beautiful gardens and breathtaking natural landmarks sitting alongside historical architecture. The mark-making in these paintings leads the eye to new places, new points of interest, taking the viewer on a journey which feels like an adventure; both expansive and immensely satisfying. Eileadh Swan, director of Morningside Gallery said: 'We're absolutely delighted to be introducing our first solo exhibition of Kate Bentley's paintings, and to welcome her to the gallery on Friday 2 May, for a Private View ahead of the exhibition launch the following day. It's a truly dazzling collection of work which really highlights Kate's fearless experimentation and urge to tear up the rule book, giving her paintings a completely new dimension.' Advertisement Hide Ad Advertisement Hide Ad Commenting on the exhibition, Kate Bentley RI RSW said: 'My son moved to Edinburgh a few years ago which gave me reason to visit more often. There is something comfortable and un-threatening about the town; the hills and proximity of the sea are familiar to me and the architecture, history and gardens are all subject areas that I find inspiring. There is a sense of the many lives that have lived here, and the various epochs that the city has endured and been shaped by. Kate Bentley, The Japanese Garden (Magnolia) Based at Church Hill in Morningside, the gallery will display 40 new paintings for the exhibition, which can also be viewed online and toured as a virtual exhibition for anyone who can't make it to Edinburgh.
