ICC, PCB talks on after legitimacy of Force Majeure clause questioned

The International Cricket Council (ICC) and the Pakistan Cricket Board (PCB) have entered into dialogue over the February 15 impasse after the PCB invoked the Force Majeure (FM) clause. Just hours into the start of the T20 World Cup, the two parties are believed to have agreed to hold discussions over the marquee clash between the arch-rivals, with ICC CEO Sanjog Gupta at the forefront of the negotiations.

The ICC CEO reached Colombo on Saturday and the dialogue is believed to have started between the parties after the global body responded to a PCB communication, highlighting the potential damages the ICC could claim from them for any act of non-compliance and truancy.

Sources close to the developments have revealed that the ICC wrote to the PCB with queries related to the Force Majeure clause in the Terms of Participation and asked the PCB to show what steps it had taken to mitigate the force majeure claim.

This exchange of mail began after the PCB formally informed the ICC of its intent to boycott the game a couple of days ago and invoked the force majeure clause citing an order from the Pakistan government.

Sources have revealed that the ICC communication outlined the conditions under which force majeure can realistically and legitimately be invoked. The ICC mail further mentioned evidentiary threshold required for non-participation besides outlining the sporting, commercial, and governance implications of such a step.

The ICC has reiterated its commitment to process, precedent, and contractual sanctity while continuing to emphasize the importance of dialogue without compromising its position. Sources say, in line with its original public statement, ICC has kept channels of dialogue open.

PCB enters into dialogue

Following the receipt of the formal communication from the ICC, PCB approached the international body to initiate further dialogue. The ICC is currently engaging with the Pakistan board in a structured manner to explore possible resolutions, reinforcing that talks, not confrontation, is ICC's default approach.

The source said, "the interest of the game supersedes unilateral action; consistency with precedence and concern for precedent linked challenges in the future remains."

As a matter of policy, the ICC has also avoided a conflict or any hasty decision after the PCB said it won't play the big game against India. The source further said it prioritized engagement, just like it did with the Bangladesh Cricket Board (BCB) with the sole intention to protect the tournament integrity while respecting organisational sovereignty.

"ICC, while dealing first with Bangladesh and then with Pakistan, the ICc has acted with neutrality and fairness with the intention of preserving the sanctity of its global events and governance. It has prioritised dialogue over dispute, put fan and player welfare first and ensured objectivity is at the heart of its decision-making," said the source

Following the public announcement by the Pakistan government last Sunday, the ICC issued a formal statement reaffirming its commitment to the official tournament framework and highlighting the inconsistency in Pakistan's approach to a global sporting event due to selective participation