World Cup: Appeal Committee Rejects Nepomniachtchi's Appeal

Время публикации: 19.09.2015 22:40 | Последнее обновление: 20.09.2015 00:41

Just a few minites ago, the FIDE World Cup Appeal Committee rejected Ian Nepomniachtchi's appeal. The result of the Armegaddon game (and thus of the match) is not abolished, yet Nakamura gets a warning as he castled using both hands.

Ian Nepomniachtchi tried to prove his case for a long time...

However, the Appeal Committee decision remains in force.



There is no appeal against

There is no appeal against the Committee's decision. The Regulations are clear about this.

3.17.1 The written decision of the Appeals Committee arising from any dispute in respect of these regulations shall be final.

While I don't expect Nepomniachtchi to pursue it, the only "remedy" he might achieve is to complain to the Ethics Commission (in a months-long process) that the arbiters were irresponsible in their duties, perhaps resulting in them receiving a censure, under 2.2.3 of the Code of Ethics (regarding "Organizers, tournament directors, arbiters or other officials who fail to perform their functions in an impartial and responsible manner"). But this would be a pithy victory, and certainly could not change the game result (Section 1.3 of the CoE implies that the tournament rules are final).

Sutovsky on his Facebook page

Sutovsky on his Facebook page discusses that arbiters should be punished for incompetence and unprofessionalism (here negligence), and goes so far as to suggest that in a future case that the arbiter or FIDE could be sued (which would unlikely to be successful in a case like this, e.g., can you sue a football referee or FIFA over a bad call?). The only recourse that I see is through a complaint to the FIDE Ethics Commission, alleging irresponsibility. Maybe they would get some sort of a one-year suspension (or probation) in that case.

Moreover, although internal politics often speak otherwise, FIDE is always free not to select a given arbiter for a given FIDE event (or for any event at all), similar to the situation a decade ago with Touze as an organizer (ruled by the Court of Arbitration for Sport not to be a "sanction" but something closer to a sensible business practice). Here 3.16.1 of the Regulations is the relevant clause, saying that the arbiters are ultimately appointed by the FIDE President (blame Kirsan!).

PS. The only instance where I could imagine a lawsuit possibly being successful would be where the written decision of the Appeals Committee enunciates undisputed facts but then from them makes a decision completely at odds with the Regulations (which form part of the contract). On the other hand, if the Appeals Committee themselves gets the facts wrong and bases an otherwise-correct decision on this, well, that's just too bad (again, your only recourse is to complain to the Ethics Commission and perhaps get them put on suspension/probation from certain FIDE activities). Another possibility, if you thought the Minutes of the Appeals decision mis-represented the proceedings before them (and thus could have led them to incorrect factual conclusions), is that you could re-appeal to the same Appeals Committee to try to correct this.

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