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FIDE Wins Case Versus English & Georgian Chess Federations

  • SonofPearl
  • on 7/11/12, 8:44 AM.

fide_official_logo-gens-una-sumus cropped.jpgWhen the Turkish organisers of the upcoming 2012 Chess Olympiad refused entry to arbiters from 7 countries that were suing FIDE there was an outcry at the ban from many parties, including the influential Russian Chess Federation.

Nevertheless, the ban still remains and one of the court cases involved has now been settled in FIDE's favour.

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FIDE PRESS RELEASE:

On 3rd July 2012, the Court of arbitration for sport (CAS) issued its decision in the arbitration opposing FIDE to the English Chess Federation and the Georgian Chess Federation (Appellants).

These FIDE members were challenging the nomination by FIDE President Kirsan Ilyumzhinov and the confirmation and approval by the General Assembly of five Vice-Presidents in Khanty-Mansiysk in October 2010 arguing that only two Vice-Presidents could be nominated and confirmed.

The Appellants filed a first appeal before FIDE Presidential Board and, against the latter’s refusal to consider a matter already decided by the General Assembly, before the CAS. FIDE immediately raised the objection that this appeal did not address the General Assembly’s confirmation/approval of the five Vice-Presidents. The Appellants tried to correct their mistake by filing a second appeal before CAS on the 29 March 2011, challenging this time the General Assembly’s decision of October 2011.

The CAS dismissed the two appeals. Its main rulings are as follows:

The Panel first decided that the dispute should be examined in light not only of Swiss law but also of the general principles of law (lex sportiva).

Second, the Panel considered that, contrary to what was alleged by the Appellants, the decision to appoint the five Vice-Presidents in Khanty-Mansiysk was a decision taken by FIDE General Assembly, and not a unilateral decision of FIDE President.

As a consequence, the CAS:

•    dismissed the first appeal filed by the Appellants because it wrongly challenged the Presidential Board’s “decision” instead of the General Assembly’s confirmation and approval of the five nominated Vice-Presidents;
•    held that the second appeal was inadmissible, having been brought six months after the General Assembly, i.e. later than the 21 day time limit set out in the CAS procedural rules.
In view of the above, the CAS ordered the Appellants English Chess Federation and Georgian Chess Federation to pay to FIDE CHF 75,000 for its legal fees and expenses as well as to reimburse to FIDE an amount of approximately CHF 50,000 corresponding to the advance of costs paid by FIDE to the CAS.

Despite this positive outcome, and as in the Karpov’s case lost by the same law firm and funder in summer 2010, FIDE deeply regrets the efforts and resources spent to have these two frivolous appeals dismissed and declared inadmissible.

Full details can be found in the 23-page CAS decision here (PDF file) : CAS_2011_A_2360__2392_ARBITRAL_AWARD_3july2012.pdf

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UPDATE: Since the court victory, FIDE president Kirsan Illyumzhinov has refused to accept the resignation of Ali Yazici as Vice President of FIDE.  See the press release here.

It seems that Kirsan is fully behind Ali, which raises the question of whether the president also supports the ban on the arbiters.

2291 reads 9 comments
4 votes

Comments


  • 2 years ago

    NXST

    In my opinion, the problem is not FIDE as an International Federation. The problem is it's President Kirsan Ilyumzhinov, who has a dictator profile and everything he says must be taken as the unquestionable truth.

    It's really unthinkable for a FIDE Presidente to get along with Gadaffi, Saddam, Assad, Putin and so many others. Fide should stand for chess development and not get into politics.  Ilyumzhinov is looking for something else than chess support, and we all know what he is looking for... 

  • 2 years ago

    NimzoRoy

    I'm not a big fan of FIDE but this does sound like it was a BS lawsuit. However, FIDE should revoke the ban by Turkey or does every member get to take unilateral action whenever they feel like it? FIDE looks both childish and foolish in not revoking the ban and demonstrating that it is not as petty as the appellants appear to be.

  • 2 years ago

    dcremisi

    so will the arbiters from those countries be able to come?

  • 2 years ago

    Gaffneychess

    To be honest I feel that there should be either a total revolution by all the members of FIDE by resfusing to pay fees or support for any FIDE activity or there needs to be a whole new governing body established that has stricter limits on power and terms in office.  More like a House of Reps. and Senate setup so no one country can have too much sway over the whole decision making process.

  • 2 years ago

    friendjonny

    It's no wonder Kasparov felt the need to form the PCA back in the 90's

  • 2 years ago

    Lawdoginator

    This will only encourage them. 

  • 2 years ago

    JBades6310

    oh what's up dude?

  • 2 years ago

    NM flashboy2222

    ?

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