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ECF loses case

Posted: Tue Jul 03, 2012 7:48 pm
by Gerard Killoran
I've just been informed by a reliable source that the ECF has lost its case against FIDE at the Court of Arbitration for Sport. As usual, the only winners will be the lawyers.

Re: ECF loses case

Posted: Wed Jul 04, 2012 11:44 am
by Ihor Lewyk
Does anybody know if they are due to pay costs and how much - or at least a share with the other parties. If so it will be interesting to see if the ECF will be asked to chip in.

Re: ECF loses case

Posted: Wed Jul 04, 2012 11:48 am
by Adam Raoof
a reliable source tells me that the verdict has been postponed until the 10th July....

Re: ECF loses case

Posted: Wed Jul 04, 2012 2:24 pm
by Gerard Killoran
My reliable source claims that costs will amount to 75,000 Swiss Francs with 20,000 Swiss Francs as a court fee.

Mind you, if my reliable source isn't as reliable as your reliable source - he'll be buying me a pint.

Re: ECF loses case

Posted: Wed Jul 04, 2012 3:51 pm
by Roger de Coverly
Gerard Killoran wrote:My reliable source claims that costs will amount to 75,000 Swiss Francs with 20,000 Swiss Francs as a court fee.


From the report on the meeting at http://www.sccu.ndo.co.uk/bcf.htm

Who is the anonymous guarantor who will pick up the bill if we lose? Kasparov International Management LLC.


Decisions of CAS are never that clearcut.

For example
http://www.fide.com/images/stories/lega ... on_eng.pdf

As a result of complaints about the running of the World Junior championships, FIDE declined to consider bids by the organiser for future events. It won the case that it had the right to do this, but lost, after a fashion, in that its internal procedures enabling it to do this weren't applied with any competence.

Re: ECF loses case

Posted: Wed Jul 04, 2012 4:54 pm
by Angus French
Gerard Killoran wrote:My reliable source claims that costs will amount to 75,000 Swiss Francs with 20,000 Swiss Francs as a court fee.

Gerard, I hesitate to ask since the information isn't yet publicly released but are those costs which the plaintiffs will be required to pay? Might FIDE will have spent more than 75,000 Swiss Francs to defend the case can you tell us?

Re: ECF loses case

Posted: Wed Jul 04, 2012 5:25 pm
by David Gilbert
95,000 Swiss Francs. About the same as a DCMS grant?

In many cases Court costs are paid by the losing side, but both parties meet their own legal costs.

Re: ECF loses case

Posted: Wed Jul 04, 2012 6:20 pm
by Adam Raoof
Gerard Killoran wrote:My reliable source claims that costs will amount to 75,000 Swiss Francs with 20,000 Swiss Francs as a court fee.

Mind you, if my reliable source isn't as reliable as your reliable source - he'll be buying me a pint.


My 'reliable' source will be buying you a pint...

Re: ECF loses case

Posted: Thu Jul 05, 2012 5:30 pm
by Alex McFarlane
The FIDE website confirms that the ECF lost the case.
http://www.fide.com/component/content/a ... under.html

Or from the CAS site
[url]CAS_2011_A_2360__2392_ARBITRAL_AWARD_3july2012.pdf[/url]

Re: ECF loses case

Posted: Thu Jul 05, 2012 5:49 pm
by Paul Dupré
Who's idea was it to waste all this money...

Re: ECF loses case

Posted: Thu Jul 05, 2012 5:54 pm
by Alex McFarlane
There is nothing on the ECF website about the decision. Perhaps the President will come on this forum to express his feelings on the decision.

Re: ECF loses case

Posted: Thu Jul 05, 2012 5:58 pm
by JustinHorton
Can I congratulate Gerard on his scoop? As far as I can see this forum had the story first, and that thanks to him.

Re: ECF loses case

Posted: Thu Jul 05, 2012 6:04 pm
by Alex McFarlane
Now that the Court in Switzerland has decided against the ECF and Georgia and the matter is no longer sub judice perhaps the Board of the ECF will answer these questions:

Which Directors proposed taking this action?
Which Directors voted for such action?
Has the ECF been given the finances to pay the costs awarded against it?
Whilst I cannot defend the Turkish Chess Federation’s actions in ‘banning’ English arbiters, will the members of the Board who voted to take the action explain their actions and apologise to the arbiters concerned?
Are any Board members likely to resign as a result of the decision?

Personally, I think that Directors should be doing more than just offering to buy a drink. This is not a matter to be flipant about.

Re: ECF loses case

Posted: Thu Jul 05, 2012 6:21 pm
by Colin McGourty
Just had a read through it all. The verdicts (one appeal dismissed, one inadmissible) were based on disputed technicalities - who had appointed/approved the VPs and when, and whether that made appeals possible or correct. The only real clue to the "merits" of the case is when compensation is discussed. FIDE asked for CHF 469,439 (£312,000) + EUR 7,329 as a contribution to its costs, but because of FIDE's "awkward disregard for constitutional formalities" the court decided only to award CHF 75,000 (£50,000). Elsewhere, however, the ECF and Georgian Chess Federation mention their total costs were above $1,000,000...

So yes, clearly no winners except the lawyers.

Re: ECF loses case

Posted: Thu Jul 05, 2012 6:39 pm
by Carl Hibbard
JustinHorton wrote:Can I congratulate Gerard on his scoop? As far as I can see this forum had the story first, and that thanks to him.

Thanks, where else would you even look of course :)