Bombay HC – Mumbai Cricket Association bound to Arbitration in T20 Mumbai League Dispute
Judgment dated 16.3.2026 in Commercial Arbitration Application (L) No.18608 of 2025 (OS) of Jupicos Entertainment Private Limited Vs. Probability Sports (India) Private Limited and another
Arbitral Dispute – T20 Mumbai League – Appointment of Arbitrator
Respondent No.2 Mumbai Cricket Association appointed respondent no.1 as an agency for management and operation of League. In response to the bid of the respondent for the rights to operate and field teams in first five editions of T20 Mumbai Leave, the consortium of the petitioner was winning bidders. On 9.3.2018, the Participation Agreement with the arbitration clause was executed. On 12.4.2019, the supplementary agreement without arbitration clause was executed between the applicant, Probability and MCA giving sole right to MCA for remaining editions of the League.
On 24.1.2020, the respondent no.1 terminated both the agreements.
On 5.4.2025, the applicant invoked arbitration and filed section 11 petition.
In addition to applicability of principle of veritable party and composite transaction for roping in MCA to arbitral proceedings between the Applicant and Respondent No.1,
Therefore, the prayer of specific performance of PA and Supplementary Agreement cannot be decided in absence of MCA. Such is the extent of participation by MCA in performance of the contract and even in termination thereof, that without its consent Applicant cannot participate in the League. This again makes MCA bound by the arbitration agreement contained in the PA.
Considering the above position, it would not be possible for Reference Court to finally rule as to whether the claim sought to be raised by the Applicant are within the limitation or time barred. This court would adopt hands-off approach and leave the issue of limitation to be decided by the Arbitral Tribunal.
Thus, MCA had all the decision-making powers relating to conduct of the League. The clause in the PA that ‘The terms of this Agreement and all decisions and actions of PSIPL in relation to and pursuant to this Agreement, are and shall remain subject to the final and absolute approval of the MCA’ makes it clear that all decisions relating to even the PA were to be taken by MCA and were binding on the Applicant.
