The decision by the International Cricket Council (ICC)  to restrict the 2015 World Cup to the ten full member nations  (Australia, Bangladesh, England and Wales, India, New Zealand, Pakistan, South Africa, Sri Lanka, West Indies and Zimbabwe) is rightly being challenged by Cricket Ireland in light of its historical success in this year's World Cup competition.  Cricket Ireland has long ago recognised that its purple patch will be short lived unless team Ireland has the opportunity to compete in future World Cup competitions.

 

 While Cricket Ireland has received a boost from the ICC's Cricket Committee that recommends that a pre-qualifier tournament be put in place prior to the 2015 World Cup, this is a first step only in a lengthy process which may or may not result in such a prequalifying tournament being put in place.  There is plenty of opposition from the traditional playing nations.

 

How to challenge?

 

If the ICC Cricket Committee's recommendation does not result in pre qualifying tournament that Ireland can qualify for the next world cup how do they challenge the ICC's decision not to allow them qualify for the next world cup?  Warren Deutrom, respected CEO of Cricket Ireland has made soundings that they will go down the internal route .i.e. through the ICC's dispute resolution process, in the first instance in any event.

  

The ICC Dispute Resolution Committee

 

The ICC's complex governance documents  point to the challenge being mounted before the ICC's Dispute Resolution Committee.  No doubt the ICC will emphasise the  independence of Dispute Resolution Committee members, there has to be serious question marks over their ability not be swayed by the ICC's decision.  After all they are ICC members and high ranking officials at that.  Will they upset the apple cart?  You would have to bet against that.

 

No appeal!

 

In addition to the potential politics of any decision by the ICC's Dispute Resolution Committee there is also a serious problem for Cricket Ireland if that decision goes against them because of the absence of an appeal.

 

Clause 6.5 of the ICC's Dispute Resolution Terms of Reference  provides that any decision of the Dispute Resolution Committee is final and binding.  There is no provision for any appeal within the ICC's internal terms of reference.

 

In the circumstances where the ICC has already made its decision to exclude Ireland from participating in the 2015 World Cup, it is highly likely that those who are appointed by the ICC to sit on these Committees would reverse that decision, no matter how independent they may feel.

 

What's the alternative to the ICC internal dispute resolution process?

 

Cricket Ireland can look to paragraph 1.4 (b) of the Terms of Reference of the ICC's Dispute Resolution Committee which states that the President of the ICC, at his sole discretion, can determine that a matter can be decided by the Court of Arbitration for Sport (CAS) in Lausanne Switzerland instead of the ICC Disputes Resolution Committee. 

 

What is CAS ?

 

CAS is an international court of arbitration for sport.   which is used by disputing parties in the sporting context at the highest level.  Any dispute directly or indirectly linked to sport may be submitted to CAS.  Once the parties agree that CAS is the Tribunal in the first instance that they agree to refer their dispute to, then CAS has jurisdiction to decide the dispute or the parties must agree to refer the dispute in writing.

 

CAS has been existence since 1984.  The Council has over 300 arbitrators in 87 countries chosen for this specialist knowledge of arbitration of the sports law.   It has heard and decided  the most profile disputes including those between sponsors, anti-doping challenges and Olympic selection challenge to name but a few.  The FAI and  IFA (Northern Ireland Football Authority) had a dispute over player eligibility heard before CAS last year.

 

An ordinary case lasts between six and twelve months before CAS however more urgent cases can be decided within a matter of weeks however it's doubtful whether this type of case would be classified as urgent.

 

What is the basis of the challenge?

 

The basis of the challenge is rather more complicated.  Cricket Ireland will have to  demonstrate that the ICC are in breach of their own rules.  The ICC's governing documents, the Memorandum and Articles of Association maybe the legal basis for the  challenge.

 

The Memorandum of Association of the ICC provides that the objects for which the ICC is established are to administer, develop, coordinate, regulate and promote the game of cricket worldwide in cooperation with its members.  It is hard to see where the ICC are promoting the game of cricket worldwide where they seek to restrict the number of playing nations to ten.  The decision appears to be driven more by a preservation of the traditional playing nation and the maximisation of broadcasting revenues from these playing nations.

 

However a condition of any contract between a member and its worldwide governing body is the commitment to abide by its rules.  The ICC will counter-argue that the ICC's decision is binding on all of its members.  Furthermore the ICC could suspend Ireland's membership of that organisation, however unlikely that might be. 

 

Any decision by the CAS Tribunal will be final and binding and cannot be appealed to any third party.  Cricket Ireland will have to turn to financial benefactors to support what will inevitably be a costly legal challenge.