BCCI v Kochi Cricket Private Limited and anr

Single-judge Justice RI Chagla rejected BCCI’s challenge to the award and said that the Court cannot sit in appeal over the arbitrator’s findings.

Kochi Tuskers, which participated in the 2011 season of IPL, was terminated by the BCCI the following year due to an alleged breach of the franchise agreement.

“The 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.

It added that 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 considering that this is based on a correct appreciation of the evidence on record.”

The Court held that just because a different view may be possible would not be a ground for interference with the award.

Click here to read article