What is Force Majeure Clause and can Pakistan use it as a legal defence for India boycott?

Pakistan Cricket Board set to defend matter legally [Source: X]

The India vs Pakistan standoff has now reached the controversial heights with just three days left for the T20 World Cup 2026 to begin. However, as things appear from the current perspective, the International Cricket Council is yet to receive an official write-up from the Pakistan Cricket Board for the February 15 boycott.

As per recent reports, the matter is going to escalate within the next 48 hours, with major legal movements expected from both Pakistan and the ICC’s side.

Pakistan-ICC fiasco to land PCB in a contract breach puddle

The Pakistan Cricket Board has cleared the cricket team to participate in every match of the T20 World Cup 2026 in Colombo, Sri Lanka, except for the single match against India.

On February 1, the Pakistan government tweeted that the national cricket team will not be taking the field against India in the February 15 match to display a protest against the ICC-BCCI mafia that ‘almost forcibly’ ousted Bangladesh from the tournament.

However, this selective participation of Pakistan could land the board in serious legal complications with a possible lawsuit against their breach of contract. Notably, Pakistan is a co-signee of the contract with ICC that it will participate against India on neutral venues. If they back off from their terms, it will have serious implications on PCB.

"PCB is violating a contract that itself is a co-signee of. It states that India and Pakistan agree to participate in ICC events and play against each other at neutral venues. There is no force majeure clause in that agreement," a source tracking the development told TOI.

The ICC’s terms of participation state that every Full Member Nation should try to mitigate concerns from their side to maintain integrity and minimise conflicts. Even if there’s an involvement of the government, it should be applied to every sporting activity against India and not just to a single event.

Contrarily, the Pakistan Women's A team is set to play against the India Women's A team on February 15 in the Women’s Asia Cup Rising Stars, which violates the stand of PCB on legal as well as contractual grounds.

However, in an alternative method for their defence, a force majeure clause perspective might be sought by Pakistan when ICC and PCB meet for a solution on this matter.

Can PCB apply the Force Majeure clause to boycott India match?

For the unaware, a force majeure clause is a contract provision that can allow a party to be excused from fulfilling its obligations due to unforeseeable and uncontrollable events, rendering performance impossible, not just difficult.

Pakistan could attempt to use this clause as a safety net to protect itself from liability for breaches arising from its role as a co-signer to the ICC agreement. However, there are several flaws in Pakistan’s potential force majeure defence.

Primarily, the clause is meant for unforeseeable and uncontrollable events such as war, natural disasters. In Pakistan’s case, the team is travelling to Colombo and playing all other matches, with only the fixture against India being skipped.

This alone weakens the force majeure claim, as courts and arbitration panels focus on impossibility of performance rather than selective inconvenience.

Secondly, selective participation significantly undermines the PCB’s legal defence. If Pakistan were withdrawing from the entire tournament or declaring all sporting contact with India suspended across all sports, a force majeure argument could at least be debated.

However, singling out one match while participating fully in the rest of the tournament is more likely to be viewed as a breach of contract rather than an unavoidable disruption.

Although the Pakistan government’s order provides limited ground for the boycott, force majeure applies only when performance becomes impossible. Since the government has allowed travel and participation in the tournament, barring only one opponent, the argument loses strength.

All these factors place the PCB on very thin ground. If the matter goes to arbitration or court during discussions between the ICC and PCB, the ICC can argue a breach of participation obligations, while broadcasters such as JioStar can claim commercial damage.

In such a scenario, the Pakistan Cricket Board would struggle to prove impossibility, which is the required legal threshold.

India vs Pakistan on February 15 is a possibility?

Hence, with all the certainty, Pakistan getting the legal upper hand sitting opposite the ICC appears to be very much improbable.

With reports and rumours flying in of a possible U-turn on the boycott call, the India vs Pakistan T20 World Cup 2026 match is very likely on the cards, given PCB will try to avoid any major sanctions or fines from the apex cricket body.