Bangladesh appeal cannot be heard by ICC’s DRC, Scotland likely replacement

Bangladesh’s appeal to the ICC’s Dispute Resolution Committee over hosting T20 World Cup matches in India cannot be heard as it is outside the committee’s remit. With the ICC Board voting 14-2, Scotland is expected to be named as replacement

New Delhi: A desperate Bangladesh Cricket Board has written to the Dispute Resolution Committee (DRC) of ICC requesting it to overturn the governing body’s decision to hold the national men’s team’s T20 World Cup games in India. However, the appeal will not be heard as it is outside the remit of the sub-committee.

Even as the ICC has kept Scotland on stand-by, the BCB under Aminul Islam Bulbul, after being cornered, decided to use its last resort — approaching the DRC headed by Englishman Michael Beloff (Kings Counsel).

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“Yes, BCB has approached the DRC of ICC as it wants to exhaust all its options. If DRC rules against BCB, then the only body that can be approached is Court of Arbitration of Sports (CAS) in Switzerland,” a BCB source told PTI on condition of anonymity.

Bangladesh’s interim government and its sports ministry advisor Asif Nazrul had announced that the team would not travel to India due to “security reasons” after senior pacer Mustafizur Rahaman was removed from the Kolkata Knight Riders squad on BCCI’s diktat.

According to the ICC’s Constitution and Terms of Reference for the DRC, the committee does not have the right to hear an appeal against a decision passed by the Board of Directors of the global body.

The ICC Board of Directors voted 14-2 in favour of keeping Bangladesh’s matches in India after an independent security assessment cited the threat as “low to moderate.” Nazrul maintained that it was the government, not the BCB, mandated to take the decision.

As per clause 1.3 of the Terms of Reference of DRC: “The Committee shall not operate as an appeal body against decisions of the ICC or any decision-making body established under the ICC’s Memorandum and Articles of Association or under any rules or regulations of the ICC…”

An ICC board source said: “Bangladesh can approach the DRC but if one looks at the rules, the case cannot even be heard as the committee does not have the remit to hear an appeal against the decision made by the Board of Directors.”

It is understood that ICC chairman Jay Shah, who was in Namibia for the U19 World Cup, is now in Dubai and a formal decision on Bangladesh’s replacement will be announced by Saturday.

The ICC’s DRC acts according to British law. One of its most recent verdicts under Beloff came in 2018 when it rejected Pakistan Cricket Board’s USD 70 million compensation claim against the BCCI for allegedly not honouring an agreement to play bilateral series in Pakistan.

The DRC termed the so-called “Memorandum of Understanding” between the two boards as merely a “letter of intent” which was not binding on the BCCI.

The DRC normally checks if the ICC Board has followed all rules as per its law and accordingly gives its verdict. It is not an appeals body.

Apart from Beloff, members include Mike Heron (Kings Counsel), Justice Winston Anderson, Deon van Zyl (South Africa), Gary Roberts (Americas), Guo Cai (Asia), EAP Anabelle Bennett, Jean Paulsson (Europe), Peter Nicholson (Ethics Officer), Vijay Malhotra (Chair of Audit Committee) and Sally Clark (Management Support).