NEW DELHI: The ICC has sought clarity from the Pakistan Cricket Board on its attempt to invoke the 'Force Majeure' clause to justify refusing to play the T20 World Cup match against India, after the PCB placed the responsibility on its government for the decision.
However, there appears to be some movement towards a resolution. According to an ICC director, the PCB has approached the world body for discussions, raising hopes that the high-profile February 15 clash will eventually go ahead.
"The talks have started," the official said, adding that the ICC has asked the PCB to explain how it can withdraw from a single match while continuing to participate in the rest of the tournament on government instructions.
India vs Pakistan to take place? PCB to consult government after Sri Lanka request
Earlier this week, the PCB formally wrote to the ICC seeking to invoke the Force Majeure clause, citing a government tweet that barred the team from playing the February 15 fixture in Colombo.
After receiving the ICC's official communication in response, the PCB initiated further deliberations with the governing body.
The ICC is now engaging with the PCB in a structured manner to explore possible solutions, maintaining that the broader interests of the game must take precedence over unilateral decisions.
So what is Force Majeure?
Force majeure is a contractual provision that excuses a party from fulfilling its obligations due to extraordinary events beyond its control such as war, natural disasters, government actions or public emergencies.
For the clause to apply, the affected party must demonstrate that the event was unforeseeable, unavoidable and that it took all reasonable steps to mitigate the impact. Mere inconvenience or political preference does not ordinarily satisfy the test.
ICC seeks proof of mitigation
The Pakistan government had announced that its team would boycott only the India fixture to support Bangladesh, who were shown the door for refusing to play in India due to their "security concerns.
They will play the remaining matches.
The ICC has sent across a series of queries, asking the PCB to demonstrate what efforts it made to mitigate the situation, explore alternatives or seek exemptions before opting for non-participation.
It is learnt that the global body also set out the conditions under which force majeure can legitimately be triggered, the evidences required for withdrawal from a scheduled match, and the wider sporting, commercial and governance consequences of such a step.
The ICC has also underlined the damages it could potentially claim if the invocation is found invalid.
In its reply, the ICC has pointed out that selective participation strikes at the core premise of a global tournament and could expose the PCB to breach-of-contract claims as well as disciplinary action under ICC regulations.
PCB engaged in structured dialogue
According to sources in the ICC, the global body has followed the same process that it followed with Bangladesh, which was also engaged for extensive deliberations for several days.
(With PTI Inputs)