Name : Aniket jadhav

LLB2301035
SY LLB
SUBJECT: ADR
TOPIC: Sachin Tendulkar and case of the Pepsi Cola
rivalry in the World cup
 Abstract :
A Champions League World Cricket Series is to be held in a Subcontinent, and Two Top
Teams, also bitter rivals, are jockeying for bids to hold the finals and all major semi final
matches on their choice grounds. However, consensus being impossible, the Cricket
Tournament albeit even though rigged previously, was in danger of losing money for the
sponsors and hosts.

A Mediation was immediately set in motion, and as an excellent example of Alternate

Dispute Resolution in Sports the venue for the final was shifted to a neutral, third country, but
equally profitable if not more, since there were large expatriate populations of both enemy
countries in the Mediating Country.

Besides this example, ADR in Sports is mostly between Sports Associations of Countries and
in the level of International Sports like Doping and Trans-Genders in Sports.

That said, there is tremendous scope for litigant Advocates to ‘Threaten to Sue’ and then
quickly scoop in to ‘ADR for you’ as a tried and tested method of making a Goldmine of the
field of Sports Law and Athletics.
 Selected Areas of Dispute
Disputes in the sports arena may arise from a wide range of agreements. Such agreements
often relate to:

 advertising
 broadcasting rights
 copyright and related rights
 event management
 image rights
 industrial design rights
 marketing transactions
 merchandising agreements
 patents relating to sports equipment
 product development
 publishing
 software
 sponsorship agreements
 sports betting and gaming
 sports business contracts
 sports online streaming
Case Study : Sachin Tendulkar and the case of the Pepsi-Cola
rivalry in the World Cup.

In the Cricket World Cup of 1996, with India playing host and the opportunity to rake crores
of rupees for the two Cola giants of the time, Pepsico and Coca Cola, there arose a curious
Legal Case regarding Brand Ambassador for said products. And at the very epicenter of this
million dollar tug-of-war was India’s best known Cricketer, Sachin Tendulkar. ‘The God of
Cricket’.

The fortunes of both Fortune 500 companies depended on which Brand managed to retrain
Sachin Tendulkar as their ‘Face’ amidst a record breaking television advertising campaign
drawing never seen before eyeballs and TRPs’.It also led to a unique scenario wherein Sachin
Tendulkar’s Contract with Pepsi expired just as Coca Cola became the official sponsor by
contract with the BCCI (Board of Cricket Control in India). Hence, Sachin Tendulkar was
obligated to participate in advertisements for both Pepsi before the end of his contract with
Pepsi and before the start of the tournament, with Coca-Cola.

With the Arbitration of the BCCI and the ICC, it was decided that the dual-endorsement , was
a Win-Win for all three parties in the case. The BCCI, PepsiCo and Coca-Cola. Hence,
litigation was avoided, and tremendous revenue was earned by all three parties because of the
spectacular success of the Wills Cricket World Cup, 1996 held in India.

The consumer did not really discriminate between either brands much, mostly because Sachin
Tendulkar was endorsing both of them:

Tag-lines for Sales-pitches:

Coca-Cola – The official drink of the World Cup.

PepsiCo – Nothing official about it.

This case study is the perfect example of amicable settlement of major Sports disputes
between Corporations, with the best case scenario unfolding. Scenarios like this have
repeated themselves between all major Sports brands like Nike, Adidas, Puma, etc.
 Alternative Dispute Resolution in Indian Sports Law

ADR, or alternative dispute resolution, is a crucial tool for effectively settling disputes in the
sports sector. Because of the growing commercialization and legal complexity of sports
governance, alternative dispute resolution (ADR) has become essential in India, where sports
legislation is still developing. ADR offers a speedier and more economical option to
traditional litigation and consists of arbitration, mediation, and conciliation. This paper
examines the function of alternative dispute resolution (ADR) in Indian sports law, the legal
structure that oversees it, and noteworthy instances that illustrate its use.

Indian Sports Law's ADR Framework

The 1996 Act on Arbitration and Conciliation

The main law governing alternative dispute resolution (ADR) in India is the Arbitration and
Conciliation Act, 1996. It offers a thorough framework for arbitration and conciliation and is
based on the UNCITRAL Model Law. Sports issues are covered by the Act, especially those
regarding contracts, player disputes, and disciplinary measures.

2011's National Sports Development Code

National sports federations (NSFs) are required by the National Sports Development Code of
India to establish formal dispute resolution procedures. The code promotes ADR techniques
like mediation and arbitration to settle disputes between players, federations, and other
stakeholders, even as it places a strong emphasis on good governance.
Sport Court of Arbitration (CAS)

Indian sports organizations file complaints with the CAS, an international sports arbitration
body with its headquarters in Lausanne, Switzerland. In CAS hearings, Indian athletes and
sports federations have participated, especially in situations involving drugs, contract
violations, and selection disputes.

NADA, the National Anti-Doping Agency

To address doping-related issues, the National Anti-Doping Agency (NADA) in India has set
up an Anti-Doping Disciplinary Panel (ADDP) and an Anti-Doping Appeal Panel (ADAP).
As quasi-judicial ADR entities, these panels make that athletes accused of doping infractions
get fair hearings.

ADR Types in Indian Sports

Arbitration in Conflicts in Sports

The most popular alternative dispute resolution (ADR) technique in Indian sports conflicts is
arbitration. Arbitration provisions are found in many sports contracts, guaranteeing that
disagreements are settled amicably and without the need for legal action.

BCCI Dispute Resolution Mechanism, for instance

A formal dispute resolution body of the Board of Control for Cricket in India (BCCI)
resolves player and franchise disciplinary and contractual problems. For instance,
disagreements over IPL franchise rights between the Rajasthan Royals and the BCCI were
settled through arbitration.

Sports Dispute Mediation

Through mediation, a third person who is impartial helps parties in dispute negotiate. In
Indian sports, it is frequently applied to money disputes and disciplinary actions.

For instance, IPL franchise disputes

Mediation has been used to settle a number of IPL franchise problems, such as those
involving player payments, contract termination, and sponsorship agreements. Mediation has
been successful in preserving commercial partnerships while averting drawn-out court cases.

Resolving Conflicts in Sports

Like mediation, conciliation enables disagreeing parties to look for a solution that works for
both of them. While being impartial, the conciliator actively offers solutions.

For instance, AIFF and Club Licensing Conflicts

Conciliation has been utilized by the All India Football Federation (AIFF) to settle
disagreements on club licensing laws. To maintain their eligibility to play in national leagues,
a number of teams have taken part in conciliation procedures.

Important Case Studies in Indian Sports Arbitration

BCCI v. Rajiv Dutta

The BCCI disagreement Resolution Committee arbitrated a player selection disagreement and
found in favor of an open selection procedure.

ICC v. Mohammed Asif (CAS Case)

Despite featuring a cricket player from Pakistan, this case established a standard for Indian
athletes participating in international sports arbitration. Strict anti-doping regulations are
crucial, as demonstrated by the CAS's upholding of a doping ban.

The Doping Case of Narsingh Yadav

Following a WADA appeal to CAS, Indian wrestler Narsingh Yadav was disqualified from
the Olympics, underscoring the significance of international arbitration in Indian sports
legislation.

In India, ADR is an essential tool for effectively settling sports conflicts. Notwithstanding its
advantages, there are still problems with governance and a lack of institutional backing. A
more open and effective sports governance system in India will be promoted by bolstering
ADR procedures, setting up a national tribunal, and raising awareness. These actions will
guarantee the prompt and equitable settlement of sporting conflicts.
Sachin Tendulkar's association with PepsiCo is a notable example of the intricate dynamics
between sports personalities and global brands, especially within the competitive landscape
of the beverage industry. This relationship not only underscores the mutual benefits derived
from such collaborations but also highlights the strategic maneuvers brands employ in the
face of rivalry.

The Genesis of the Partnership

In the early 1990s, as Sachin Tendulkar's cricketing prowess began to capture the imagination
of millions, PepsiCo identified an opportunity to align with this rising star. Recognizing
Tendulkar's burgeoning popularity and the deep emotional connection he shared with the
Indian populace, PepsiCo brought him on board as a brand ambassador. This collaboration
was part of Pepsi's broader strategy to cement its presence in the Indian market by associating
with cricket, a sport that resonates deeply across the nation.

The 1996 World Cup and Ambush Marketing

The 1996 Cricket World Cup, co-hosted by India, Pakistan, and Sri Lanka, presented a
significant marketing battleground for beverage giants PepsiCo and Coca-Cola. Coca-Cola
secured the official sponsorship rights for the tournament, a move that could have sidelined
Pepsi's visibility during the event. However, PepsiCo, in collaboration with its advertising
agency JWT, devised a groundbreaking ambush marketing campaign titled "Nothing Official
About It."

This campaign featured prominent cricketers, including Tendulkar, engaging in casual,

unofficial cricketing scenarios, subtly undermining the notion of official sponsorship. The
tagline "Nothing Official About It" cleverly positioned Pepsi as the choice of the masses,
irrespective of official endorsements. This strategy not only maintained Pepsi's visibility
during the World Cup but also challenged traditional marketing norms, leading to discussions
about the ethics and future regulations concerning ambush marketing.

storyboard18.com

Evolution of the Endorsement Landscape

Over the years, Tendulkar's association with Pepsi became emblematic of the synergy
between sports and brand endorsements. Advertisements featuring Tendulkar, often alongside
Bollywood celebrities like Amitabh Bachchan and Shah Rukh Khan, became iconic,
reflecting the brand's youthful and dynamic image. The "Dil Maange More" series, in
particular, resonated with audiences, further solidifying Pepsi's position in the market.

Transition to a New Era

By the late 2000s, the dynamics of cricket endorsements began to shift. Emerging young
talents started capturing public attention, leading brands to reassess their ambassadorial
rosters. In 2008, PepsiCo decided not to renew Tendulkar's contract, signaling a strategic
pivot towards younger cricketers who embodied the evolving spirit of the game. This move
was part of Pepsi's "Yeh hai Youngistaan Meri Jaan" campaign, which aimed to connect with
the younger demographic by featuring fresh faces like Ishant Sharma and Rohit Sharma.
 Conclusion

Sachin Tendulkar's journey with PepsiCo encapsulates the evolving nature of brand
endorsements in sports. From leveraging his early popularity to redefining marketing
strategies through campaigns like "Nothing Official About It," the partnership
showcased innovative approaches to brand positioning amidst intense industry rivalry.
The eventual shift towards younger ambassadors reflects the dynamic landscape of
consumer preferences and the continuous evolution of marketing strategies in the
beverage industry.