| The first salvo was fired by the ICC last Saturday
itself when it put out a statement that India's full share of World
Cup participation payments of between $ 8 and $ 9 million (about Rs
420 million) has been withheld, confirming the decision reached by
the world cricket body's governing board prior to the start of the
tournament.
The amount retained reflects the ICC's initial calculations of
the potential liability attached to the dispute, the statement says.
This will obviously arise out of the compensation claims being made
on IDI (the commercial arm of the ICC) by the News Corp vehicle
Global Cricket Corporation (GCC) on the ambush marketing issue.
The liability slapped on India is the biggest by far but it is
not alone in having to face payment cutbacks. Three other countries
- England, New Zealand and Sri Lanka - are also in the dock. $ 3.5
million has been withheld from England for its decision not to play
in Zimbabwe, $ 2.5 million from New Zealand for not playing its
game in Kenya, and $ 500,000 from Sri Lanka for failing to meet
the deadline for completion of its player contracts.
The ICC's action against India is a fallout of the Indian players'
refusal to accept the ICC contract terms.
"That ICC will hold back the Rs 40 crore (Rs 400 million)
was known to us as also the fact that an arbitration (probably before
the Court of Arbitration for Sport in Lausanne, Switzerland) will
take place. The working committee will decide the future course
of action on this,"a senior member of the BCCI (Board of Control
for Cricket in India), on condition of anonymity, told indiantelevision.com
today.
The BCCI member also indicated that 10 April is being "talked"
about as the date for the working committee meeting, adding that
coming up with an immediate offensive reaction may not be in the
best interests of the game or the BCCI.
What is also interesting is that the BCCI is depending on a change
of the top guard at the ICC itself to resolve the problem arising
out of the guarantee money being held back by the ICC.
It is reliably learnt that Ehsan Mani, a Pakistani national now
settled in Britain, is likely to succeed the present president of
the ICC Malcolm Gray. "When Mani comes in, BCCI's problems
may ease a bit and so may the strident posturing of the ICC top
brass against India and the BCCI," the Board member explained.
ICC has already threatened that India risks suspension if the claims
amount to more than $ 9 million and India refuses to pay up.
The BCCI landed itself in this situation after its head, the wily
Jagmohan Dalmiya backed its players vis-a-vis the clauses in the
contracts demanding that players agree to forgo personal sponsorships
which conflicted with those of the ICC’s official sponsors for the
duration of the World Cup and for 30 days either side of it.
Indian players, who earn far more than their international counterparts
from cricket endorsements, altered the restrictions to refer only
to the period of the tournament itself.
There was also the issue of imaging rights. The BCCI demanded that
imaging rights remain in force for two months and not three months
as was being offered by the ICC. Originally, the ICC sponsors wanted
the imaging rights of the players for six months.
The ICC accepted the amendments but told India before the World
Cup that it would withhold the money that they were expected to
earn from participating to cover possible claims by GCC and the
tournament's sponsors after the tournament.
At the core of the dispute is the $ 550 million that the GCC -
then a 50:50 JV between News Corp and World Sport Nimbus (itself
a 50:50 JV between Harish Thawani's Nimbus Communications and World
Sport Group) - committed to pay in mid-2000 when it acquired all
of the ICC's commercial rights in a seven-year deal. The agreement
gave the GCC the worldwide rights for television, Internet and sponsorship
for a period that includes the 2003 and 2007 cricket World Cups.
The reports going out are that News Corp is considering a demand
that the deal should be renegotiated or scrapped. Renegotiating,
yes but scrapping? Looks highly unlikely and it all seems to be
part of a bargaining gambit on the part of News Corp, the basic
aim of which is to lay the groundwork making a case that the payments
that GCC will have to make to the ICC be reduced.
GCC, in a statement released just ahead of the World Cup had said:
"The ICC consistently assured GCC the player restrictions would
be delivered and we sold sponsorships as a result - GCC did not
suddenly demand the sponsor protection.
"The fact that all of these rights have not been delivered
as promised has obviously caused problems for our sponsors and our
broadcasters."
According to sources who have been in the thick of the cricket
sponsorship deal, what has forced GCC to take this line is the squeeze
put on it by its global partners LG Electronics and Pepsi. The other
big India sponsor, motorcycle major Hero Honda (official sponsor),
has not made such a big to-do over it though it could be argued
that this is because it has not sunk in that much money as the other
two.
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