England and Wales Cricket Board Ltd v Kaneria

England and Wales Cricket Board Ltd v Kaneria

The appeal panel proceedings under the ECB CDC Regulations constitute arbitration proceedings within the meaning of the Arbitration Act 1996, as the process is consensual, binding, impartial, and bears all the hallmarks of arbitration as set out in Walkinshaw v Diniz. There is an unequivocal agreement to arbitrate, and the CDC appeal panel is sufficiently independent and impartial. The absence of express reference to 'arbitration' or 'finality' does not preclude this characterisation.

Parties
Applicant/claimant: England and Wales Cricket Board Limited; Respondent/defendant: Danish Kaneria
Jurisdiction
England and Wales
Judgment Date
21 March 2013
Procedural Posture
Commercial/arbitration Application / Judgment on Application for Witness Summons Under Section 43 Arbitration Act 1996
Outcome
Application granted
Legal Topics
Arbitration Agreement, Disciplinary Proceedings, Sports Disciplinary Appeals, Witness Summons, Article 6 ECHR
Arbitration Sports Law Contract Law Arbitration Agreement Disciplinary Proceedings Sports Disciplinary Appeals Witness Summons Article 6 ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

England and Wales Cricket Board Limited

Applicant/claimant

Danish Kaneria

Respondent/defendant

Procedural Posture

Commercial/arbitration Application / Judgment on Application for Witness Summons Under Section 43 Arbitration Act 1996

Legal Issues

  1. 1 Whether the ECB appeal panel proceedings are arbitration proceedings within the meaning of the Arbitration Act 1996
  2. 2 Whether there is an unequivocal agreement to arbitrate
  3. 3 Whether the CDC appeal panel is sufficiently independent and impartial to constitute an arbitral tribunal

Ratio Decidendi

The appeal panel proceedings under the ECB CDC Regulations constitute arbitration proceedings within the meaning of the Arbitration Act 1996, as the process is consensual, binding, impartial, and bears all the hallmarks of arbitration as set out in Walkinshaw v Diniz. There is an unequivocal agreement to arbitrate, and the CDC appeal panel is sufficiently independent and impartial. The absence of express reference to 'arbitration' or 'finality' does not preclude this characterisation.

Court Disposition

Application granted

Orders

  • Witness summons to be issued for the central witness in the appeal panel proceedings