IMJohnCox wrote on 10/02/06 at 14:09:24:
Some blogger does say that on the link you posted, but I can’t follow him at all. The notion that the Appeals Committee can overrule a clear contractual provision which says that certain things cannot be altered just has no conceivable basis to me.
To be sure there is jurisdiction to entertain a complaint about Kramnik’s behaviour. But how one leaps from that to deciding that the AC could change the conditions of contest is quite beyond me, especially when the contract specifically says that they cannot. Are you not making the very mistake you decry – saying that you think, and you think most people would think, it was a fair, proportionate, etc, response. Maybe it was, and maybe it wasn’t, but that’s not the point. The point is that it was something the AC were not entitled, indeed explicitly forbidden, by the rules to do, and the result was game five was never organised under the agreed conditions.
The expression ‘remedies which indeed alter some of the contract provisions’ speaks for itself to an English lawyer. Nothing (except fraud, illegality, etc) can alter the contractual provisions; all the AC can do is carry them into effect.
To be fair, if Kramnik does sue heaven knows what law it will be under, so what I or any other English lawyer would think probably doesn’t matter very much.
Here are the provisions of the match terms empowering the arbiters, which I lifted from Susan Polgar's website:
3. 17 Appeals Committee.
3. 17. 1 The President or his Deputy shall be Chairman of the Appeals Committee. There shall be two (2) other members all from different Federations. No member of the Appeals Committee can be from the federation of either player.
All protests must be submitted in writing to the Appeals Committee not more than two (2) hours after the relevant playing session, or the particular infringement complained against.
The Committee may decide on the following matters:
a) an appeal against a decision by an arbiter,
b) a protest against a player's behaviour,
c) a complaint alleging false interpretation of the regulations,
d) a request for the interpretation of specific regulations,
e) a protest or complaint against any participant, or
f) all other matters which the Committee considers important.
If possible, the Committee shall reach a decision not more than two (2) hours after the submission of a protest. The appeals process shall include written representations and a written decision.
The Committee shall endeavour to find binding solutions that are within the true spirit of the FIDE motto, Gens Una Sumus. Each protest must be accompanied by a deposit fee of USD 5,000 (five thousand US Dollars) or the equivalent in local currency.
If the protest is accepted as logical and reasonable, the fee shall be returned even if the protest will be rejected. The fees not to be returned due to unreasonable protests shall be forfeited to FIDE.
The written decision of the Appeals Committee arising from any dispute in respect of these regulations shall be final.
Note (b), (e) and most particularly (f). Also note the last sentence. I don't know the Law, still less that of your country, but merely on the basis of reasonableness, it is not obvious from the foregoing what, if any, limitations these provisions place upon the committee's power.
Unfortunately I don't have the rest of the document, but I imagine that it says that 12 games will be played and that the player finishing with the most points will receive $500,000. I doubt if it says, "unless forfeited out of the match for cheating," yet I believe it is in the power of the committee to declare that a player caught cheating forfeits his right to further play, the title and the cash prize. THAT is in their power, but not the adjustment of bathroom privileges?