BCCI requests clarity on India-Pakistan cricket series from Union government

[hadi123]

The Board Of Control For Cricket In India (BCCI) has requested the Union government to formally convey its position with regards to India-Pakistan bilateral cricket series, which is on hold since 2012 due to political tension between the two neighbours.

The BCCI has repeatedly clarified its stance that it won’t be able to engage in bilateral contests unless the government gives clearance.

It is understood that the richest cricket board wants a formal communication before they head to ICC Disputes Resolution Forum where they are set to counter PCB’s compensation claim of USD 70 million for not honouring the MoU, signed in 2014.

“The BCCI would be grateful if you could formally convey the policy/position of the Government of India on the need or requirement of prior clearance from the Government of India for the Indian cricket team to play the Pakistan cricket in in-bound or out-bound tours,” BCCI recently wrote to the ministry.

When asked about the latest e-mail, a senior BCCI official told PTI: “These are routine communications on part of BCCI. It is our duty to seek permission from the government with regards to bilateral series. Our job is to ask and it’s up to the government. We understand that bilateral series in prevailing circumstances is very difficult. But if we get a reply from the government in ‘black and white’, it will help us.”

PCB had appealed to ICC’s Dispute Resolution Committee, accusing the BCCI of not honouring the Future Tours & Programme (FTP) commitment, which also required them to play at least two away series against Pakistan on a neutral venue like the UAE.

“The International Cricket Council today confirmed that the Hon Michael Beloff QC will chair the Dispute Panel in the matter of proceedings between the Pakistan Cricket Board and the Board of Control for Cricket in India,” ICC had then said in a release.

“The two other members of the panel, which has been established under the Terms of Reference of the ICC Disputes Resolution Committee, are Jan Paulsson and Dr Anabelle Benett AO, SC,” it further said.

The world governing body for the game also made it clear that decision of the Dispute Panel shall be non-appealable.

“The hearing will take place as per article 10.4 of the Terms of Reference of the ICC Disputes Resolution Committee, the decision of the Dispute Panel shall be non-appealable and shall remain the full and final decision in relation to the matter and binding on all parties.”

The hearing is scheduled for October 1-3 in Dubai at the ICC headquarters.

https://www.hindustantimes.com/cric...-government/story-UchOXKFcNJ9cOYBnptmelK.html

 

[UN talkz]

Najam Sethi effect
They don't want to give money to PCB and doing all this Natak

 

[moghul]

Another formality
Live goes on, forget about India-Pakistan cricket.

If Modi loses next year and IK is the PM by next year, there might be some hope.

 

[cricketjoshila]

Najam Sethi effect
They don't want to give money to PCB and doing all this Natak

How will PCB take the money if bcci refuses?

 

[Savak]

Lol I thought the BCCI was very confident about no govt approval being given for a Pak India series, why are they asking for clarification now? The BCCI should be sued for fraud, deceit and for deliberately entering into legal agreements which they knew they were not going to hold their end of the bargain.

 

[Savak]

Najam Sethi effect
They don't want to give money to PCB and doing all this Natak

The BCCI will pay the PCB with interest, the ICC will take out the money from BCCI share from the ICC pool and transfer it to the PCB.

 

[Varun]

Another formality
Live goes on, forget about India-Pakistan cricket.

If Modi loses next year and IK is the PM by next year, there might be some hope.

Of course, ignore the small matter that India - Pakistan cricket relations went on ice during Manmohan Singh's tenure, and the last BJP government were the one who had initiated a flood of series in the first place, back in the early 2000s.

Don't think Imran Khan will be up to much if the BCCI / GoI are so stubborn, but let's wait and watch.

 

[anoop]

The BCCI will pay the PCB with interest, the ICC will take out the money from BCCI share from the ICC pool and transfer it to the PCB.

Keep dreaming

 

[cricketjoshila]

The BCCI will pay the PCB with interest, the ICC will take out the money from BCCI share from the ICC pool and transfer it to the PCB.

Lol. As if its ICC's money. ICC will have s begging bowl in its hand without BCCI.

 

[Cpt. Rishwat]

Lol. As if its ICC's money. ICC will have s begging bowl in its hand without BCCI.

This comment is indicative of everything wrong with Indian approach to the game. Describing cricket's governing body as holding a begging bowl is basically saying that India should run the game for it's own benefit with no regard for the sport itself in a wider context.

 

[KingKhanWC]

The Indian government can refuse their team to play sports with another nation for whatever reason they like but there must be some sort of procedure in place by the ICC which ensures the other nation doesn't face any disadvantages.

If India don't play, the ranking points should go to Pakistan based on a series whitewash.

Compensation to the PCB.

 

[www787]

This comment is indicative of everything wrong with Indian approach to the game. Describing cricket's governing body as holding a begging bowl is basically saying that India should run the game for it's own benefit with no regard for the sport itself in a wider context.

Attempt to trying to hijack the game and trying to make it 'Only Indian game" is probably the beginning of the end of international cricket.

 

[KingKhanWC]

Attempt to trying to hijack the game and trying to make it 'Only Indian game" is probably the beginning of the end of international cricket.

India doesn't have this much power. England will always play test cricket in great venues such as Lords and other will always flock to play at this historic ground. Nations and players are just using India for money, they dont respect them or take them seriously and rightly so.

 

[Hawkeye]

Another formality
Live goes on, forget about India-Pakistan cricket.

If Modi loses next year and IK is the PM by next year, there might be some hope.

Lol.
With IK it's never happening. He has no idea of diplomacy. More countries might stop playing with us.

 

[cricketjoshila]

This comment is indicative of everything wrong with Indian approach to the game. Describing cricket's governing body as holding a begging bowl is basically saying that India should run the game for it's own benefit with no regard for the sport itself in a wider context.

Every icc member gets a fixed percentage of money as share of the revenue it brings from ICC. Where is the question of running the game comes? But if ICC seeks to deny bcci that share of revenue then bcci is within its rights to take remedial measures.

Where does the question of wider context or benefit of the game comes?

 

[IMMY69]

This comment is indicative of everything wrong with Indian approach to the game. Describing cricket's governing body as holding a begging bowl is basically saying that India should run the game for it's own benefit with no regard for the sport itself in a wider context.

You know I am absolutely amazed by some of that posters remarks (including other Indian posters)..

It just comes accross as desperate. I have a philosophy that if you have it you don’t have to flaunt it.
So you have to be extremely insecure as a nation to throw the “begging bowl” card at everything.

 

[cricketjoshila]

Attempt to trying to hijack the game and trying to make it 'Only Indian game" is probably the beginning of the end of international cricket.

How did you reach this conclusion?

 

[cricketjoshila]

India doesn't have this much power. England will always play test cricket in great venues such as Lords and other will always flock to play at this historic ground. Nations and players are just using India for money, they dont respect them or take them seriously and rightly so.

Nations came and told you that they dont respect India or dont take it seriously?

Passing on your wishes as the intention of nations is another of your desperate attempts. Lol.

 

[KingKhanWC]

You know I am absolutely amazed by some of that posters remarks (including other Indian posters)..

It just comes accross as desperate. I have a philosophy that if you have it you don’t have to flaunt it.
So you have to be extremely insecure as a nation to throw the “begging bowl” card at everything.

The irony is the nation has one if not the most numbers of people in poverty. Indias cricket board is only rich because of it's huge population and it's the only sport they are any good at. Instead of being arrogant, they should use sport to better relations and use the money they make to help their own poor. The BCCI should demand cricket relations are resumed, the government may then change it's mind.

 

[KingKhanWC]

Nations came and told you that they dont respect India or dont take it seriously?

Passing on your wishes as the intention of nations is another of your desperate attempts. Lol.

I read the views of Aussies and English sports journalists regularly, they have disdain for India in regards to how it behaves in the world of cricket.

You continue to live in your own fantasy world and you're entitled to this.

 

[cricketjoshila]

The irony is the nation has one if not the most numbers of people in poverty. Indias cricket board is only rich because of it's huge population and it's the only sport they are any good at. Instead of being arrogant, they should use sport to better relations and use the money they make to help their own poor. The BCCI should demand cricket relations are resumed, the government may then change it's mind.

Why should Bcci demand so?

Look after the poor of Pakistan. They need your attention more.

India is doing better than Pakistan in most sports why not advise Pakistan regarding how they should improve themselves?

 

[KingKhanWC]

Why should Bcci demand so?

Look after the poor of Pakistan. They need your attention more.

India is doing better than Pakistan in most sports why not advise Pakistan regarding how they should improve themselves?

Would you like India and Pakistan to play a test match?

 

[Adil_94]

The dramabaazi starts again. If India is refusing to play bilaterals against Pakistan fine. But the loss of revenue Pakistan should be compensated for. Rather than let these BCCI run roughshot over international cricket.

 

[cricketjoshila]

I read the views of Aussies and English sports journalists regularly, they have disdain for India in regards to how it behaves in the world of cricket.

You continue to live in your own fantasy world and you're entitled to this.

All i see is English commies going ga ga over IPL. That burnt quite a few like you.

Lords live streamed the IPL finals.

Thats the importance of a Indian domestic competition.

You can keep wishing that other nations behave with India as you want them to. Not happening.

 

[cricketjoshila]

The dramabaazi starts again. If India is refusing to play bilaterals against Pakistan fine. But the loss of revenue Pakistan should be compensated for. Rather than let these BCCI run roughshot over international cricket.

So Pakistan cant make money without a India tour. For that incompetency Bcci should compensate them? Why?

 

[KingKhanWC]

All i see is English commies going ga ga over IPL. That burnt quite a few like you.

Lords live streamed the IPL finals.

Thats the importance of a Indian domestic competition.

You can keep wishing that other nations behave with India as you want them to. Not happening.

I asked you a simple question.

Would you like India and Pakistan to play a test match?

 

[Cpt. Rishwat]

You know I am absolutely amazed by some of that posters remarks (including other Indian posters)..

It just comes accross as desperate. I have a philosophy that if you have it you don’t have to flaunt it.
So you have to be extremely insecure as a nation to throw the “begging bowl” card at everything.

The begging bowl comment has been thrown around often enough wrt Pakistan, and you can use the 'enemy state' tag to justify it with Pakistan, but then they let slip their mask when they use it for the ICC as well. To compound it they have the nerve to then ask how where the context of wider context or benefit of the game comes in.

 

[Adil_94]

[MENTION=76058]cricketjoshila[/MENTION] where did i say Pakistan cant make money without India. You are inferring things that arent there. But if the BCCI keep allowing politics to interfere with their decision to play against Pakistan then Pakistan should be compensated for this constant dramaybaazi. Hl

 

[cricketjoshila]

I asked you a simple question.

Would you like India and Pakistan to play a test match?

If the political situation improves. Yes.

 

[KingKhanWC]

If the political situation improves. Yes.

So thats a no. Yet you are here talking to Pakistani's all the time .lol

 

[cricketjoshila]

[MENTION=76058]cricketjoshila[/MENTION] where did i say Pakistan cant make money without India. You are inferring things that arent there. But if the BCCI keep allowing politics to interfere with their decision to play against Pakistan then Pakistan should be compensated for this constant dramaybaazi. Hl

Why should Pakistan be compensated? For what reason? Any sovereign nation is free to decide the level if its relation with another country.

 

[cricketjoshila]

So thats a no. Yet you are here talking to Pakistani's all the time .lol

Where did you see a NO in that post?

 

[cricketjoshila]

The begging bowl comment has been thrown around often enough wrt Pakistan, and you can use the 'enemy state' tag to justify it with Pakistan, but then they let slip their mask when they use it for the ICC as well. To compound it they have the nerve to then ask how where the context of wider context or benefit of the game comes in.

Why dont you explain how is the wider context and benefit of the game related to this thread.

 

[KingKhanWC]

Where did you see a NO in that post?

"If the political situation improves" . So no at present?

 

[cricketjoshila]

"If the political situation improves" . So no at present?

What makes you think the situation wont improve in next 12 to 18 months.

 

[IMMY69]

"If the political situation improves" . So no at present?

The fact he brings in “sovereign country” etc tells you how flawed his logic is.

A rich country with millionaire cricketers, the envy of all foreign cricketers and pundits alike and a sovereign country that can decide itself who it wishes to play.

The insecurity is rife. On one hand we’re rich rich rich, and on the other we won’t play cricket with countries who support terrorists. So a big rich sovereign country has to use sports to get accross it’s agenda.

 

[Savak]

All i see is English commies going ga ga over IPL. That burnt quite a few like you.

Lords live streamed the IPL finals.

Thats the importance of a Indian domestic competition.

You can keep wishing that other nations behave with India as you want them to. Not happening.

You misunderstand, Western praise of the IPL is forced by the lure and payouts of $$$ by the IPL and BCCI to them. The Western praise of the PSL is truly genuine and devoid of any need of the PCB to pay $$$$ to them.

 

[KingKhanWC]

What makes you think the situation wont improve in next 12 to 18 months.

You are governed by extremists?

 

[Hitman]

The BCCI will pay the PCB with interest, the ICC will take out the money from BCCI share from the ICC pool and transfer it to the PCB.

Bookmarked for the future.

 

[Savak]

Why should Pakistan be compensated? For what reason? Any sovereign nation is free to decide the level if its relation with another country.

The Sovereign state is not allowed to lie, engage in deceit, signing fraudulent deals, giving fraudulent promises and to decide when it wants to play another country and when it doesn't want to play.

Just like the ICC forced the BCCI to ban Sehwag in 2001-2002 for the England Test match or risk being banned from International Cricket, it can easily pay compensation to the PCB on behalf of the BCCI.

 

[moghul]

Lol.
With IK it's never happening. He has no idea of diplomacy. More countries might stop playing with us.

You are not the only one having problem with IK, got a news for you, IK is coming.

 

[Angrez Pakistani]

Sounds redundant to me. Either you do have an explicit instruction from the government to boycott Pakistan or you don’t.

 

[cricketjoshila]

The Sovereign state is not allowed to lie, engage in deceit, signing fraudulent deals, giving fraudulent promises and to decide when it wants to play another country and when it doesn't want to play.

Just like the ICC forced the BCCI to ban Sehwag in 2001-2002 for the England Test match or risk being banned from International Cricket, it can easily pay compensation to the PCB on behalf of the BCCI.

When did India lie or sign fraudulent deals?

India can and will decide when it will allow its team to play Pakistan. There us nothing anyone can do about it.

Huh?Sehwag was banned for a ICC offence.

ICC cant do jack to Bcci's share of money and lol at ICC banning Bcci from cricket. Icc was shivering at Lalit Modi's attempt to break ICC, what will they do when BCCI breaks away?

 

[Mr.Q]

The Government probably will take a decision after the bilateral talks that are expected to happen soon. Maybe they’ll say yes?

 

[cricketjoshila]

You misunderstand, Western praise of the IPL is forced by the lure and payouts of $$$ by the IPL and BCCI to them. The Western praise of the PSL is truly genuine and devoid of any need of the PCB to pay $$$$ to them.

Man you are hilarious. This takes the entire bakery for a ridiculous comment.

[MENTION=133315]Hitman[/MENTION]
[MENTION=142162]Napa[/MENTION]

 

[Asch Ali]

Hate to bring politics into this, but this is reality.

The elections in Pakistan this July will be really important. If a government is elected that India isn’t hostile towards. We might see a series as early as 2020.

 

[Cpt. Rishwat]

Why dont you explain how is the wider context and benefit of the game related to this thread.

Cricket is a global game, when you refer to the governing body as holding out a begging bowl to one particular country's board then it suggests the power lies with one country rather than the sport in a broader context.

 

[cricketjoshila]

Cricket is a global game, when you refer to the governing body as holding out a begging bowl to one particular country's board then it suggests the power lies with one country rather than the sport in a broader context.

That shows how incompetent the other boards are that a global organisation is dependent on one particular country to get revenues. Its duty of other boards to shore up revenues for the ICC.

 

[Adil_94]

[MENTION=76058]cricketjoshila[/MENTION] if this sovereign country has no cricketing reasons not to play the other country. And is only not playing against said opponents due to direct political interference from the government then yes Pakistan should be compenstated. Every country has to honour the FTP at some level. Not to mention BCCis record of backtracking on promises. The ICC is the governing body not the BCCI. Who likes to hold others hostage in a way much worse than the old bully boys England and Australia.

 

[USofA]

This comment is indicative of everything wrong with Indian approach to the game. Describing cricket's governing body as holding a begging bowl is basically saying that India should run the game for it's own benefit with no regard for the sport itself in a wider context.

Absolutely, BCCI should look of for the Indian team and Indian cricket setup. That should be their primary priority. It is the job of the ICC to run the game, market and spread the game.

Yes, in order to this, the ICC needs $$. Right now they rely pretty much solely on India money. This is what is wrong with the situation. Needs to change.

I am more in favor of a membership fee setup. Where all the full members pay a certain (equal) $$ fee. This the ICC uses to conduct business and spread the game. No hand outs to any boards. The full members generate their own revenue.

 

[USofA]

The Indian government can refuse their team to play sports with another nation for whatever reason they like but there must be some sort of procedure in place by the ICC which ensures the other nation doesn't face any disadvantages.

If India don't play, the ranking points should go to Pakistan based on a series whitewash.

Compensation to the PCB.

This has to become a written rule. If not, then cannot be enforced. The ICC has to do this. But will they?

 

[USofA]

[MENTION=76058]cricketjoshila[/MENTION] where did i say Pakistan cant make money without India. You are inferring things that arent there. But if the BCCI keep allowing politics to interfere with their decision to play against Pakistan then Pakistan should be compensated for this constant dramaybaazi. Hl

I don't think it is a question of allowing. It's the govt. The govt. supersedes everything. The BCCI have to comply. No choice.

 

[sshakir411]

Yawn. Nothing new here. It's clear as daylight what the snakes at BCCI have been up to for a decade vis a vi Pakistan. We don't need to play them...we all remember what happened last time we played

 

[Asch Ali]

Can someone explain why doesn’t New Delhi allow BCCI to play cricket with Pakistan.

I don’t understand this “proxy war”. I hate to bring politics to PP once again. But why can’t cricket be played? What will allow New Delhi to give a green light for a bi-lateral series?

 

[jeeteshssaxena]

if india's does'nt agree to play with pak then pak should get ranking points.
Our political relationship with pakistan has always been sour,cricket and politics are two different things.

 

[Napa]

You misunderstand, Western praise of the IPL is forced by the lure and payouts of $$$ by the IPL and BCCI to them. The Western praise of the PSL is truly genuine and devoid of any need of the PCB to pay $$$$ to them.

Man you are hilarious. This takes the entire bakery for a ridiculous comment.

[MENTION=133315]Hitman[/MENTION]
[MENTION=142162]Napa[/MENTION]

So we are supposed to discount all "Western praise" simply because we are financially successful?

 

[cricketjoshila]

[MENTION=76058]cricketjoshila[/MENTION] if this sovereign country has no cricketing reasons not to play the other country. And is only not playing against said opponents due to direct political interference from the government then yes Pakistan should be compenstated. Every country has to honour the FTP at some level. Not to mention BCCis record of backtracking on promises. The ICC is the governing body not the BCCI. Who likes to hold others hostage in a way much worse than the old bully boys England and Australia.

All around the world sporting ties depend on political situation. Even Olympics have been boycotted.

FTP is not a compulsory document but a guiding one. Its not a legally enforceable agreement.

ICC has no power to force BCCI to play or pay.

 

[BreadPakoda]

You misunderstand, Western praise of the IPL is forced by the lure and payouts of $$$ by the IPL and BCCI to them. The Western praise of the PSL is truly genuine and devoid of any need of the PCB to pay $$$$ to them.

Agree. PSL runs on emotions, not money. Check the annual report for proof.

 

[iniqbal223]

What I understood so far:

A board can sue other board if another board or its players forfeit the tour. Example : When WI players forfeit the tour mid-way, BCCI sued / fined WICB for some million $$$$. So obviously, one board can demand loss / compensation claim from other board.

Point is , India-Pak series was not a FTP document. But a communication, or legal document that has been sent from BCCI to PCB.

Initially, BCCI claimed that there is no any document that even exists.
Its not a case of begging bowl which many Indian fans presume it to be, its a legal case, and there are reasons on which this case has been fought. Its for the opportunity cost that PCB has levied.

For example: If any two business entities enter on a trade agreement or MoU(its an agreement, not a contract), about certain business activities. But when one backs out, they have to compensate for the loss of the business or opportunity the other business entity has incurred.

 

[Bilal7]

The BCCI is within its rights to refuse playing series against Pakistan. However, the ICC is within its rights to mark those series down as 'Pakistan wins due to opposition forfeiting'.

I don't care about the PCB getting that money. It does not affect me as a fan. However, I do want to see the Pakistan cricket team get some cricketing compensation for being put in limbo for so long.

 

[iniqbal223]

Perhaps, Pakistan did the same during the early 90s. They stopped touring India, or taking part in Asia Cup. Also, this is the main reason why suddenly Indians are in illusion that they have won more Asia cups than Pakistan.

And India won those by defeating poor SriLanka, and non existent Bangladesh at that time.

 

[cricketjoshila]

The BCCI is within its rights to refuse playing series against Pakistan. However, the ICC is within its rights to mark those series down as 'Pakistan wins due to opposition forfeiting'.

I don't care about the PCB getting that money. It does not affect me as a fan. However, I do want to see the Pakistan cricket team get some cricketing compensation for being put in limbo for so long.

If there is no scheduled tour, the question of forfeit doesnot arise. ICC doesnot have any rule stating each team has to play the other.

 

[cricketjoshila]

This has to become a written rule. If not, then cannot be enforced. The ICC has to do this. But will they?

Does ICC has a rule saying each country has to play all the other countries? NO.

Bilateral tours are not fixed by ICC so they have no say regarding who plays whom and when. These are decided by boards.

If there is no scheduled series the question of points or compensation doesnot arise.

ICC is not going to do all this for the sake of one country. They are not going to put themselves in a dispute where even superpowers dont go.

 

[Slim]

I dont want any free points from ICC because i believe thats unfair on the indian team irrespective of BCCI's deceit. I want them to compensate PCB and that is PCB's right.

 

[humzy]

Does ICC has a rule saying each country has to play all the other countries? NO.

Bilateral tours are not fixed by ICC so they have no say regarding who plays whom and when. These are decided by boards.

If there is no scheduled series the question of points or compensation doesnot arise.

ICC is not going to do all this for the sake of one country. They are not going to put themselves in a dispute where even superpowers dont go.

It all depends on whether there was a contract signed and whether that contract holds someone liable for pulling out.

If it does hold them liable then there needs to be a consideration on whether the reasons for pulling out are justifiable to the point of not having to pay restitution for the loss of revenue which the the opposing team incurred.

And yes no one likes India or the Indian cricket team and everyone is using the IPL for the money. It is hilarious that everyone realises this except for Indians. beighairat.

 

[cricketjoshila]

It all depends on whether there was a contract signed and whether that contract holds someone liable for pulling out.

If it does hold them liable then there needs to be a consideration on whether the reasons for pulling out are justifiable to the point of not having to pay restitution for the loss of revenue which the the opposing team incurred.

And yes no one likes India or the Indian cricket team and everyone is using the IPL for the money. It is hilarious that everyone realises this except for Indians. beighairat.

1. Firstly there is no contract. If there is then all contracts have something called force majeure. Refusal by the govt to allow the tour is beyond Bcci's control.

2.Which court has jurisdiction? Who will enforce the judgement and how?

3. India and BCCI and the world doesnot care about the narrative of Pakistanis on India. India doesnot care about Pakistani team its cricket. That was pretty evident by the IPL ban and the suspension of all ties. Yet PCB is running behind BCCI for a tour. Shows who is Beghairat.

 

[daytrader]

Question for Indian posters:

Why is the BCCI getting this clarification now?

 

[cricketjoshila]

Question for Indian posters:

Why is the BCCI getting this clarification now?

They do the same every few months to keep up with legalities if any arise.

https://tribune.com.pk/story/980038...t-for-pakistan-series-approval-sources/?amp=1

https://m.timesofindia.com/sports/c...error-vijay-goel/amp_articleshow/59084944.cms

https://www.news18.com/cricketnext/...ss-india-pakistan-cricket-future-1584169.html

 

[IMMY69]

1. Firstly there is no contract. If there is then all contracts have something called force majeure. Refusal by the govt to allow the tour is beyond Bcci's control.

2.Which court has jurisdiction? Who will enforce the judgement and how?

3. India and BCCI and the world doesnot care about the narrative of Pakistanis on India. India doesnot care about Pakistani team its cricket. That was pretty evident by the IPL ban and the suspension of all ties. Yet PCB is running behind BCCI for a tour. Shows who is Beghairat.

No no no no

They can’t rely on force majeur...

We had this discussion.

Go read up on it.

 

[cricketjoshila]

No no no no

They can’t rely on force majeur...

We had this discussion.

Go read up on it.

They can. Esp if they are forbidden by the govt.

 

[USofA]

No no no no

They can’t rely on force majeur...

We had this discussion.

Go read up on it.

They can. Esp if they are forbidden by the govt.

I think in this case they can. The govt. supersedes everyone. Whatever the current situation is, it's the law. The BCCI just have to obey. They don't have a choice.

BCCI playing a series with Pakistan will mean breaking the law. This will get BCCI in trouble with the Indian govt.

 

[IMMY69]

I think in this case they can. The govt. supersedes everyone. Whatever the current situation is, it's the law. The BCCI just have to obey. They don't have a choice.

BCCI playing a series with Pakistan will mean breaking the law. This will get BCCI in trouble with the Indian govt.

There are some basic principals in law.
This applies worldwide and particularly in England and therefore in India too.

When ascertaining the true context of a contract the judges must look to the background.
A party cannot rely on a specific exemption clause if it knew that, st the time of drawing up and entering the contract, it was likely to execute or rely on that specific clause to get out of that contract.

So the background is extremely important. In this instance, were there any fundamental changes in the situation from the time the contract was constructed and if there was then what precautions could be taken?

The background or context of the contract could also include what it actually involves.
I.e is this a contract to sell arms or is it a contract that stipulates a certain sport should be played between the countries...

The law will see if playing in a third/country could mitigate force majoure.

If I recall correctly a couple of years ago India had insisted on a series to be played in India even though it was Pakistan’s turn to host. All these things will be taken into account.

 

[IMMY69]

The question is not whether the government can refuse their team to play Pakistan. It is whether the PCB are able to sue the BCCI for damages and what their chances are.

 

[USofA]

There are some basic principals in law.
This applies worldwide and particularly in England and therefore in India too.

When ascertaining the true context of a contract the judges must look to the background.
A party cannot rely on a specific exemption clause if it knew that, st the time of drawing up and entering the contract, it was likely to execute or rely on that specific clause to get out of that contract.

So the background is extremely important. In this instance, were there any fundamental changes in the situation from the time the contract was constructed and if there was then what precautions could be taken?

The background or context of the contract could also include what it actually involves.
I.e is this a contract to sell arms or is it a contract that stipulates a certain sport should be played between the countries...

The law will see if playing in a third/country could mitigate force majoure.

If I recall correctly a couple of years ago India had insisted on a series to be played in India even though it was Pakistan’s turn to host. All these things will be taken into account.

What you say is pretty interesting. But not sure if a govt. would care about these things. Also, might be tough to prove whether the BCCI had prior knowledge on the functioning of govt. When you say judges, which court are you referring to?

On a different note, I wonder if all these things were taken into consideration when we (USA) decided to boycott the 1980 olympics. Or when USSR returned the "favor" in 1984.

 

[IMMY69]

What you say is pretty interesting. But not sure if a govt. would care about these things. Also, might be tough to prove whether the BCCI had prior knowledge on the functioning of govt. When you say judges, which court are you referring to?

On a different note, I wonder if all these things were taken into consideration when we (USA) decided to boycott the 1980 olympics. Or when USSR returned the "favor" in 1984.

Well firstly, it is not the Indian Government that runs Indian Cricket. It is the BCCI. So if payments have to be made it will be by the BCCI and not the Indian Government.

Secondly, with respect to the the Olympics, it is an amateur sport so there is no money exchanged between one country and another country in terms of players fees etc etc..

 

[USofA]

Well firstly, it is not the Indian Government that runs Indian Cricket. It is the BCCI. So if payments have to be made it will be by the BCCI and not the Indian Government.

Secondly, with respect to the the Olympics, it is an amateur sport so there is no money exchanged between one country and another country in terms of players fees etc etc..

But I am sure the BCCI has to abide by the laws set forth by the India govt. There is no way they can ignore the law.

 

[Adil_94]

[MENTION=76058]cricketjoshila[/MENTION] At the very least Pakistan should get a forfeit series win for these refused tours and ranking points if BCCI doesnt want to go into their pockets.

 

[IMMY69]

But I am sure the BCCI has to abide by the laws set forth by the India govt. There is no way they can ignore the law.

Yes they do have to obide by the Indian government. I'm not saying they don't.
What I'm trying to say is that the law looks at the background. To put it crudely can it be establshed that the BCCI was trying to hoodwink the PCB knowing they could rely on a force majeur Clause.

When I say the law looks at the background of the contract, I mean in every sense. In it's construction.
What did the BCCI have to gain by entering in to the contract with the PCB? So all the surrounding circumstances have to be taken in to account.

 

[USofA]

Yes they do have to obide by the Indian government. I'm not saying they don't.
What I'm trying to say is that the law looks at the background. To put it crudely can it be establshed that the BCCI was trying to hoodwink the PCB knowing they could rely on a force majeur Clause.

When I say the law looks at the background of the contract, I mean in every sense. In it's construction.
What did the BCCI have to gain by entering in to the contract with the PCB? So all the surrounding circumstances have to be taken in to account.

When you say the law, which courts are you referring to? India, Pakistan, UAE (if the ICC is still there) or a world court. Which court has jurisdiction?

Of course all this discussion is moot. We just have to wait another 4 months for the actual hearing. Everything will be done and dusted. This thing has just dragged on and on for too long.

 

[cricketjoshila]

There are some basic principals in law.
This applies worldwide and particularly in England and therefore in India too.

When ascertaining the true context of a contract the judges must look to the background.
A party cannot rely on a specific exemption clause if it knew that, st the time of drawing up and entering the contract, it was likely to execute or rely on that specific clause to get out of that contract.

So the background is extremely important. In this instance, were there any fundamental changes in the situation from the time the contract was constructed and if there was then what precautions could be taken?

The background or context of the contract could also include what it actually involves.
I.e is this a contract to sell arms or is it a contract that stipulates a certain sport should be played between the countries...

The law will see if playing in a third/country could mitigate force majoure.

If I recall correctly a couple of years ago India had insisted on a series to be played in India even though it was Pakistan’s turn to host. All these things will be taken into account.

How will BCCI mitigate the force majeure? It cannot overrule the govt. Nor can it break the law.

Since the so called MoU has been signed, there has been major terror attacks in India like Uri and Pathankot which has been linked to Pakistan based groups. That is enough for countries to downgrade relations.