PCB issues legal notice to ICC for World Cup exclusion

I dont know how strong is PCB’s case but looks like its not going down without a fight or my be its a PR campaign.. u never know!


Cricinfo - PCB issues legal notice to ICC for World Cup exclusion

Osman Samiuddin

May 9, 2009
Ijaz Butt tries to get his point across, Lahore, March 5, 2009
Ijaz Butt, chairman of the PCB, has said that the ICC’s decision to strip Pakistan of its rights to host the 2011 World Cup was “legally flawed…unfair, and discriminatory.” © AFP

In the first official response to the ICC’s decision to exclude Pakistan from hosting the 2011 World Cup, the Pakistan board has issued a legal notice to cricket’s governing body, calling the decision to do so discriminatory and “legally flawed.”

The ICC decided at a recent board meeting in Dubai to take away Pakistan’s share, as one of four co-hosts, of the World Cup matches. The move came after terrorist attacks on the Sri Lankan team during their February-March tour, which was itself the first major bilateral contest in Pakistan since October 2007. A number of teams since then had refused to visit in the wake of an unsettled and increasingly violent domestic backdrop. The meeting also said that international cricket was unlikely to return to Pakistan till 2011.

Ijaz Butt, chairman of PCB, had hitherto maintained a stony silence on the decision, to the ire of much of the population here. But at a press conference at the board’s HQ in Lahore’s Gaddafi Stadium, flanked by senior officials and legal advisors, he said that the manner in which the ICC decision was taken was “legally flawed…unfair and discriminatory” and that Pakistan intended to fight for its right as co-host.

The notice has been sent through its legal advisors Mark Gay, of DLA Piper, and Tafazzul Rizvi, the PCB’s legal consultant. “We are most concerned about the manner in which the ICC took this decision,” Butt said. “There was no notice prior to the meeting that a decision of this nature would be taken. There was no proper security assessment of Pakistan nor of the other Co-Hosts of the 2011 Tournament. We believe that more could and should have been done to review the actual situation to deal with the matter on a non-discriminatory basis. We will push for the matter to be expedited.”

In particular, Pakistan’s gripe, Butt clarified, was that the status of the 2011 World Cup was not on the original agenda of the ICC Board meeting on April 17 and 18 (when the decision was made). The implication is that Pakistan wasn’t given a fair opportunity to defend its case as a co-host.

“This issue was not on the agenda,” Butt said. “There was a discussion of the Sri Lankan attacks on the agenda and this topic came up. They never gave us notice and it was not on the agenda. We want to revoke the decision full stop.”

Butt repeatedly pointed to what he claimed were also uncertain security environments in the other co-hosts - India, Bangladesh and Sri Lanka - and said that provisions are in place for such decisions to be taken as late as 18 months before an ICC event, something that would have given the board time to prepare a security plan and for inspections to be carried out. It is the absence of this process, more than anything else, which has seemingly spurred the PCB’s move to send a legal notice.

The legal notice has been sent to the ICC president David Morgan and under the ICC’s constitution, the PCB is asking for the matter to be referred to the disputes resolution committee. “The matter has been submitted to the president of the ICC’s dispute resolution committee. He can either refer the matter to the dispute resolution committee which is made up of ICC’s officials or to the independent arbitration before the court of arbitration sport court. The PCB prefer impartial arbitration in the interest of justice, equity and fairplay.”

If the disputes resolution committee fails to come up with a satisfactory solution, the option to take the case further remains. “There are two options with the disputes resolution committee,” Salim Altaf, the board’s chief operating officer, told Cricinfo. “Normally all disputes are resolved there. But if there is no satisfactory resolution, then the case can be sent to the Court of Arbitration for Sports (CAS), in Lausanne, Switzerland.”

Ratification of the ICC’s decision was expected to take place at the annual board meeting in June, though now that no longer seems a foregone conclusion.

Osman Samiuddin is Pakistan editor of Cricinfo

Re: PCB issues legal notice to ICC for World Cup exclusion

At last... I am with PCB here. They were not given a chance to defend itself or put their case forward and the decision was taken without any discussion.

Re: PCB issues legal notice to ICC for World Cup exclusion

It's grossly unfair if they were not given a chance to prepare their case and defend themselves. I think PCB's case relies on this inherent unfairness of ICC's decision.

However when given the chance to defend themselves, PCB's case would falter. There's no really strong argument in PCB's kitty because of the Lahore incident. Now it's possible that Pakistan Army's offensive in Swat valley is successful, and peace prevails in the entire land and suicide bombings/killings stop, but that hasn't happened yet and who knows how long it might take?

Even if the army succeeds (and let's hope they do) in eliminating the terrorists from the North-West by the end of the year and normalcy is restored to this restive part, PCB's case and argument might falter on grounds that they will not have enough time to prepare the grounds for the World Cup in 2011

Agreed. But surely we can move our matches to UAE/Dubai can't we?. In think this is what PCB should do, convince ICC to move all Pak home WC matches to UAE/Dubai, its much safer than pak & it will benefit our board too.

I don't know why the heck India/BD/SL are going to make money on our graves, BCCI is behind all this, ICC took this decision without having a discussion and dubai/uae would not have any problem with hosting the WC matches, so why move it out of pak ?

Pathetic, i hope we put a strong fight in this and win this case, move all our matches to Dubai/UAE that's it.

Re: PCB issues legal notice to ICC for World Cup exclusion

Ijaz butt should have resigned or been fired befre this letter to the ICC.

There still has not been anyone fired and no one resigned over that attack in Lahore. Is no one is to blame in the PCB or the police.

Re: PCB issues legal notice to ICC for World Cup exclusion

*I think Ijaz butt is just trying to save his ** by showing the authorities that he is aggressive ......
**

Since when did Dubai/UAE become part of Pakistan ? If the ICC has decided to move the matches out of Pak, what difference does it make whether its moved to Dubai or Timbuktoo ??

:hmmm: Or is this more to do with lost revenue ??

P.S. And looks like someone is really obsessed with India/BCCI here :wink:

Re: PCB issues legal notice to ICC for World Cup exclusion

^ theres a lot of reasons for Pakistan to prefer moving it's matches to Dubai rather than India. For one the safety of any Pakistanies attending the match would be infinitely better in Dubai rather than India. It may also be easier/more attractive for Pakistanies to travel to Dubai rather than India etc.

Re: PCB issues legal notice to ICC for World Cup exclusion

From reading the text of Ijaz Butt's statement, it seems like PCB's concern is not that ICC took away the WC hosting rights from Pakistan but it's main grievance is that ICC did not club India/BD/SL with Pakistan.

I have got news for you Mr Butt - whatever you say about the security situation in India/BD/SL - it was not any of these countries where an international cricket team supposedly enjoying "presidential level security" were left as sitting ducks amidst a barrage of gunfire.

I am amazed that PCB even thinks that it has a legal case after that incident.

Re: PCB issues legal notice to ICC for World Cup exclusion

I do not think PCB stand a chance on merit as situation in Pakistan is really bad right now but they might get some “consolation relief” on the basis of technicality like moving of WC was not on the agenda etc. Here is another development


Cricinfo - PCB confrontation with ICC intensifies

Cricinfo staff

May 12, 2009

Days after serving the ICC with a legal notice over its decision to remove Pakistan as 2011 World Cup co-hosts, the PCB has ratcheted up the stakes in its confrontation further,** sending a letter to Michael Beloff, president of the ICC Disputes Resolution Committee, to refer the matter to the Court of Arbitration for Sports (CAS).**

“The Pakistan Cricket Board…has now sent a letter to Hon Michael Beloff QC, President of ICC Disputes Resolution Committee, to refer the matter to arbitration tribunal appointed in accordance with the rules of Court of Arbitration for Sports (CAS) to be held in United Kingdom,” said a statement released by the board today.

The board has challenged the removal as being in contravention of ICC Articles of Association and also to the Host Agreement of 2006, whereby the World Cup was awarded jointly to India, Pakistan, Sri Lanka and Bangladesh.

The PCB said that “since the decision was taken by ICC executive board the PCB deems it appropriate that in the interest of justice, equity and fair play the matter should be adjudicated by CAS rather than the ICC disputes resolution committee.”

The board has asked the ICC to expedite the matter. The letter to Beloff has been sent through Mark Gay of DLA Piper, who will be assisted by Taffazul Rizvi, the PCB’s legal advisor, the statement said.

There is a feeling within the board that they have been targeted by certain members of the ICC, who have used the situation to their advantage. It is believed that Pakistan are willing to pursue the option of Abu Dhabi and Dubai as a ‘surrogate’ host for Pakistan’s matches, though no official proposal has yet been tabled.

In its legal notice to cricket’s governing body earlier, the PCB called the decision to do so discriminatory and “legally flawed” after the ICC, at a recent board meeting in Dubai, decided to take away Pakistan’s share of the World Cup matches. The move came after terrorist attacks on the Sri Lankan team during their February-March tour, which was itself the first major bilateral contest in Pakistan since October 2007. A number of teams since then had refused to visit in the wake of an unsettled and increasingly violent domestic backdrop.

But what's so wrong with hosting 'our' matches in Dubai/Abu Dhabi (both grounds could host 12-15 matches between them) if all parties agree

Yes that is most probably going to be 1 of the 2 focal points

  • It was done without agenda

  • Even if we have to move it out of Pakistan, it should have been discussed and Pakistan should be allowed to host he games in venues like UAE etc.

Re: PCB issues legal notice to ICC for World Cup exclusion

^ Which means Pakistan does have a case. The result might not change but Pakistan should fight. If teams can move between India, SL and BD they can surely travel to UAE.

Re: PCB issues legal notice to ICC for World Cup exclusion

**^^ in that case … the WC earnings will be divided b/w 4 countries rather then 3 …

now who wont want that :hmmm:
**

We dont need enemies when..

PCB abstention weakens its case

Cricinfo - PCB abstention weakens its case

Re: PCB issues legal notice to ICC for World Cup exclusion

^ lantee kirdar! (not u Degas ...PCB)

Re: PCB issues legal notice to ICC for World Cup exclusion

[QUOTE]
*The ICC has rejected the legal claims initiated last week by the PCB over the shifting out from Pakistan of the 2011 World Cup matches scheduled to be held in that country. A statement issued by its chief executive Haroon Lorgat, which sought to clarify "factual inaccuracies and misunderstandings" in the PCB's claim, pointed out that the ICC had not decided, at its meeting on April 17, to remove the PCB as a co-host of the event but only that the matches assigned to the PCB should be played outside Pakistan.
*

[/QUOTE]

*thats interesting *

indeed

You did not answer the question here..

Why not Timbuktoo

1) The safety of any Pakistani would be better in Timbuktoo. For that matter it would be better anywhere than in Pakistan.

2) It might or might not be more attractive for Pakistanis to travel to Timbuktoo. Maybe it would be more attractive to travel to Amsterdam...