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  1. #16
    CC Grandmaster
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    The very fact that the case had sufficient scope to end up in court is ridiculous. If someone is not selected to be part of a soccer team or tennis team (Davis Cup), it is unthinkable that the case goes to court. Not sure how a chess case ended up there.
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  2. #17
    CC Candidate Master Bollard's Avatar
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    Wouldn't this normally be something the Court for Arbitration in Sport have within their jurisdiction? I recall that other Summer Olympic selection have at least contemplated going down this path.

    Or is the point here that there was a claim for variation in contract which placed it within the jurisdiction of the civil court?
    When everything is said and done, and nothings left to do, I'd like to be the final one to say "What else is new?"

  3. #18
    Monster of the deep Kevin Bonham's Avatar
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    Quote Originally Posted by Bollard View Post
    Wouldn't this normally be something the Court for Arbitration in Sport have within their jurisdiction? I recall that other Summer Olympic selection have at least contemplated going down this path.
    I think that for CAS to have jurisdiction a body needs to grant it jurisdiction or be required to do so by a higher body. FIDE cases go to CAS but ACF has not granted it jurisdiction (just as well given the way FIDE loses money on court costs at CAS even when it wins.)

  4. #19
    CC Grandmaster Denis_Jessop's Avatar
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    Quote Originally Posted by Kevin Bonham View Post
    I think that for CAS to have jurisdiction a body needs to grant it jurisdiction or be required to do so by a higher body. FIDE cases go to CAS but ACF has not granted it jurisdiction (just as well given the way FIDE loses money on court costs at CAS even when it wins.)
    According to Wikipedia "Generally speaking, a dispute may be submitted to the CAS only if there is an arbitration agreement between the parties which specifies recourse to the CAS." Certainly there is no such agreement between the ACF and Australian chess players. Moreover the CAS sits in Switzerland and appeals from its decisions must go to the Supreme Court of Switzerland so that the costs of a CAS hearing would be very substantial for an Australian.

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  5. #20
    CC Candidate Master Bollard's Avatar
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    Thanks gents,
    I was particularly intrigued by the analogy with selections for other Olympiad events. Certainly if there needs to be an agreement for recourse to CAS between the selector and potential selectee then there would need to be something in advance. Perhaps it be a condition of seeking selection that any disputes are settled by an agreed mechanism.

    Again, I'm not sue it would have helped in this situation where the claim appears to have been based on an improper variation of contract.
    When everything is said and done, and nothings left to do, I'd like to be the final one to say "What else is new?"

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