PRASAR BHARATI Vs. STARCON INDIA LIMITED

JUDGEMENT

(1.) Prasar Bharati ('PB') has, in this petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 ('Act'), challenged an Award dated 28th April 2008 passed by the sole Arbitrator in the disputes between the Petitioner and the Respondent No.1 Starcon India Limited ('SIL') and M/s. Trans-world International Inc. ('TWI') Respondent No.2 arising out of an agreement dated 19th Feb. 2000 entered into between the parties as well as a letter dated 18th Feb. 2000 which, according to the Respondents formed part of the said agreement.

(2.) PB i.e. the Broadcasting Corporation of India is a statutory body incorporated under an Act of Parliament. PB was split into Doordarshan and Akashwani for television and radio services respectively.

(3.) The background to the present petition is that in order to fully exploit the broadcasting rights and to gain maximum viewership of the cricketing events, including all international matches organised by it in India, the Board of Control of Cricket in India ('BCCI') entered into a broadcasting licence agreement ('BLA') dated 25th Sept. 1999 with PB. Under the said agreement, PB was inter alia granted exclusive rights for production and broadcasting of cricketing events conducted by BCCI in the territory of India for the period 1st Jan. 2000 to 30th Sept. 2004. PB, therefore, acquired the whole bundle/package of rights which included television, radio, internet and multimedia rights. PB then decided to split the bundle of rights, it had acquired into various separate distinct and mutually exclusive components and invited bids from various parties for the said rights.