The ICC has demanded an explanation from the PCB for using the ‘Force Majeure’ clause to boycott its T20 World Cup match against India. The PCB cited government orders, in solidarity with Bangladesh, as the reason for pulling out of the clash.
The Pakistan Cricket Board (PCB) has been asked by the International Cricket Council (ICC) to explain the invocation of the ‘Force Majeure’ clause in the boycott of their ICC T20 World Cup group stage clash against arch-rivals India on February 15, as per ESPNCricinfo’s report from Saturday.
Reason for Boycott and ‘Force Majeure’ Clause
According to ESPNCricinfo, the ICC received an email from the PCB citing government orders as the reason for its controversial boycott, which came less than 10 days before the start of the tournament. The match was scheduled to take place in Colombo as per the hybrid model.
Both sides continue to engage in dialogue, with the ICC aiming to reach a resolution. A legal concept, Force Majeure excuses a party from performing their obligations in the face of an unforeseeable event beyond their control, most commonly during a natural disaster or war, but under the participation agreement for ICC events, a government order is also categorised as such.
It was the official X handle of Pakistan which announced that Men in Green would not take to the field on the Feb 15 clash, and later on it was Prime Minister Shehbaz Sharif who linked this boycott to the controversy with Bangladesh as a symbol of solidarity. Bangladesh was removed from the tournament and replaced by Scotland, as their wish to have all their matches played outside India could not be agreed upon by the ICC, which they put in place because of Kolkata Knight Riders (KKR) pacer Mustafizur Rahman being removed from the squad after instructions from the BCCI amid the atrocities against minorities in Bangladesh.
ICC’s Response and Potential Ramifications
ICC is understood to have asked PCB to demonstrate what it had done to mitigate the ‘Force Majeure’ event, as it is needed by the Members Participation Agreement (MPA). Also, ICC is believed to have conditions in detail under which ‘Force Majeure’ can be invoked legimately and the evidentiary threshold needed for non-participation in the tournament, sporting, commercial and governance implications of such a step.
ICC informed PCB of the potential material damage the former could incur if the match does not go ahead. The global governing body does not want any confrontation, but under their constitution, they are allowed to go ahead with suspension/termination of a membership if there is a massive breach of obligations supposed to be fulfilled.
PCB Cites Precedent in Its Defense
PCB also believes that if the matter becomes contentious, they have a strong case because there is a reference to an old PCB-BCCI dispute that reached the ICC Dispute Resolution Committee (DRC) regarding a bilateral series. It was about BCC allegedly failing to honour a 2014 MoU between the two boards to play six bilateral series between 2013 and 2015. PCB lost their claim for damages but believes the Indian government’s refusal to grant BCCI permission to proceed with the series sets a precedent for them, according to ESPNCricinfo.
Negotiations to Resolve Deadlock
Both sides are currently engaged in back-channel talks, with ICC directors Imran Khwaja and Mubashir Usmani in ongoing dialogue with the PCB to resolve the deadlock.
The ICC and the PCB have yet to issue an official statement on this matter. (ANI)
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