lnn2 wrote on 10/01/06 at 01:31:50:
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i also have some legal training (will be called to the bar of my country soon). Your argument on characterisation of issue is interesting, but i think Kramnik is not mis-characterising the issue at all: the Appeals Committee seems to be changing more the conditions, rather than regulating behaviour.
I will make it easy to follow:
1) Topa can protest Kramnik's "behaviour".
2) Visiting a private unmonitored bathroom 50x/game = behavior
3) Appeals committee can rule on "a protest against a player's behaviour" and/or on "all other matters considered important"
very broad language, language agreed to by both parties in advance
4) The way to regulate the behavior of visiting an unmonitored location 50x per game is to restrict access to that location.
5) The contract says nothing about a private unmonitored bathroom, so there is no contractual "right" to such a bathroom.
6) Kramnik has no right to a hearing before action (ie, due process). The contract says the appeals committee will rule, when possible, within 2 hours of the protest. Therefore the contract is at odds with scheduling/organizing a hearing.
That being said, I believe Topalov should be a big man and give back the point for the good of chess. He would recover a lot of goodwill (recently lost) for such an action.