IMJohnCox wrote on 10/06/06 at 18:05:01:
Katar - you might be interested in
http://www.chessninja.com/dailydirt/2006/10/kramniktopalov_g8.htm (you may already have seen this). I have been sounding off just lately as rdh (right towards the bottom of the thread). I don't suppose what I have to say takes the discussion much beyond the one we had on this thread, but you might be interested.
It's amazing the amount of drivel lay people can find to post about this, but in the end I think there are two quite simple questions only:
1. Was the Appeals Committee empowered by the regulations to change the playing conditions in the light of 3.18.3 and the contractual provision that each player should have a toilet?
2. If not, was Kramnik contractually entitled to refuse to play game five until the matter was rectified, or alternatively did the evident procedural improprieties of the AC justify him in demanding a postponement (I don't know if he did or not)?
We both know what we each think about these, but are there any other points? Do you agree with me that the whole protest question is a red herring?
I think that is the crux of the matter. I think 1 will depend on the exact wording of the contract. It may for example very well be that different interpretations can be made due to contracts being signed in different languages eg by Kramnik signing in Russian and Topalov in Bulgarian.
I think 2 may be very difficult. I think he can get a ruling in his favour, but I dont think any judge can reverse or nullify the result as I suppose it is under the jurisdiction of the FIDE. So he can get money and maybe a rematch (if necessary), but not a "replay".
Of course that is how I see it and some people think I have been wrong before, so it may not be the entire story
Quote: 3.23.1 does interest me though. It could surely be said that the AC exceeding its powers was an unforeseen event? And if so Ilyumzhinov could intervene and order game five replayed, do you not think? I imagine that was what Sand had in mind when he said FIDE would then be sued by Topalov, but I don't quite see how. It would mean admitting formally the AC had blundered, but so what? If they hadn't blundered Topalov would never have got the free point anyway, so I don't see he could say on causation grounds that he'd been damaged by losing it.
Quote:
I think he can if he had asked for a postponement (should be in the rules somewhere too).
AFAIK he just wouldnt show up if the toilet remained closed, so Topalov formally has a case that he said he wasnt aware of any problem up until after the game was "finished". The difference I think is that Topalov stands stronger than Kramnik in the sueing business as Topalov has a formal result nullified in that case.
It is evident that the regulations are abysmally drafted, but it also seems to me that, at any rate on record, Kramnik has not been brilliantly served by his lawyer. But of course the very notion of people sitting down instructing lawyers - I am sure we both know how stressful that is - when they should be preparing for the games of their lives illustrates forcefully how abominably Topalov has behaved and how disgraceful it was that FIDE didn't throw this protest straight in the bin and fine Topalov.
Well I am no legal expert, but Kramnik's behaviour was I think the worst possible course he could take both chesswise as legally, so some of his advisors indeed need some spanking