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NEW DELHI: The ICC has sought a detailed explanation from Pakistan on how the ‘Force Majeure’ clause can be invoked to justify the team’s refusal to play the T20 World Cup match against India, after the PCB attempted to shift responsibility to its government.
The ICC has asked the Pakistan Cricket Board to explain how it can opt out of a single match while continuing to participate in the rest of the tournament on government directions.
A few days ago, the PCB had formally written to the ICC seeking to invoke the ‘Force Majeure’ clause, citing a government tweet that barred the team from the February 15 clash in Colombo as the reason.
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However, there appears to be a glimmer of hope now, with the PCB approaching the ICC for deliberations, according to an ICC Director.
After receiving the world body’s formal communication, the PCB initiated further discussions.
The ICC is currently engaging with the board in a structured manner to explore possible resolutions, with the view that the interest of the game must take precedence over unilateral action.
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 a series of queries to the PCB, seeking clarity on what steps were taken to mitigate the situation, explore alternatives or seek exemptions before opting out of participation.
It is learnt that the global body has also laid out the conditions under which force majeure can legitimately be invoked, the evidence required to justify withdrawal from a scheduled match, and the broader sporting, commercial and governance implications of such a move.
The ICC has further underlined the damages it could potentially claim if the invocation is found to be invalid.
In its response, the ICC has pointed out that selective participation undermines 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 within the ICC, the global body has followed the same process it adopted with Bangladesh, which was also engaged in extensive deliberations over several days.
(With PTI Inputs)