Arguments from the BCCI Supporters

Well if you wish to read the kind of arguments that are coming from the BCCI supporters these days on the issue of the PCBs games in Dubai here is a sample:

"What is Pakistan's standing to demand that games be played in Dubai? If there was any agreement in force between the various parties hosting the 2011 World Cup (and if they had sought legal advice) or if the ICC had agreed terms with the putative host nations, it seems likely that such agreement would have included either an implicit or explicit force majeure clause. These clauses typically state that if the circumstances assumed at the time the agreement was made change so drastically that the contract cannot be performed, it will be varied or cancelled entirely (on defined or undefined terms).

"Clearly the Lahore attacks seem to present a force majeure. Clearly, also, there is a simple solution: remove the games which were to be hosted in Pakistan. Any compensatory damages would be the subject of the initial agreement. To be honest, I'm not sure that damages from the ICC are the right remedy for the PCB. There's a fairly strong case that instead, they should seek recompense from their own government for failing to maintain security at a level where the games could continue.

"It falls to the ICC or to the other subcontinental countries (depending on which agreement gave Pakistan the right to host matches - I suspect that it is some combination of the two) either to vary or to cancel the initial agreement entirely. Why the PCB - which is the subject of the change in circumstances and seems to be receiving more than adequate compensation for no longer hosting the games. At that point, their opinion should not really matter, and the reallocation of the games becomes a matter for the remaining parties to the hosting agreement. The onus is on Pakistan to show why, on top of compensation, it has any contractual right to demand that matches be played in the UAE in addition to receiving compensation. Beyond statements suggesting that they would like this to be the case and shifting the onus to the other boards to argue why the games should not be played in the UAE, they have done nothing of the sort."

I should add that this is not the BCCIs argument itself which has been limited to the dilution of concept.

My response essentially has been:

"Now an unusual circumstance has occurred. The affected party is providing a solution which in no way affects the financial status of the other parties as was agreed. The affected party is trying to find the solution that best serves its financial interests while changing nothing for the other parties involved. Why is the BCCI so damn greedy? At least explain this dilution of concept reasonably enough. Note that Morgan didn't use this term."

and

"BCCI or its supporters are telling us how they will have to to do all this extra work and on top of that will have to pay PCB for doing nothing. PCB is saying please do us no favors. We will do our administrative part. We will not cut into any money that you are going to get and let us handle our part. Now BCCI itself has only claimed this dilution of concept. Why doesn't it clearly define it and tell us how much money it will lose because of this dilution. Also why doesn't it publish how much it will stand to gain(or what it will gain) by getting the extra matches. In a contract it is not majority rule in every sense that oh the majority thinks you shouldn't have anything so you the fourth partner will have nothing. That is why I think things should go to court and we will know greater detail of the contract and what each party is hoping to really accomplish. But as a general over arching rule if one party is able to fulfil its obligations without affecting what others are getting the court will ask the question: What is your problem? And they better have a good answer. This dilution of concept does not look good. "


If you wish to follow the whole discussion you can go to the link below. Oh and ignore Jane while you are there :)

http://groups.google.com/group/rec.sport.cricket/browse_frm/thread/f464eedd1ff61694/e362739928d08336?hl=en#e362739928d08336