Re: Alleged Bulgarian cheating
Posted: Tue Nov 03, 2015 4:59 pm
The case CAS 2015/A/4062 Silvio Danailov & Vladimir Sakotic & Sava Stoisavlevic v. World Chess Federation (FIDE) is now on the schedule to be heard on November 26.
The case Bruyneel vs USADA (CAS 2013/A/3285) is an example where CAS jurisdiction to hear a procedural appeal was found lacking ("the USADA Protocol does not authorize a CAS appeal of preliminary procedural measures", here Bruyneel questioning whether the AAA arbitration panel had jurisdiction), though the discussion makes it clear that such a question depends on what the relevant dispute resolution conditions state. For FIDE, it says that "any decision" may be appealed to the CAS, though whether the finding of receivability is a "decision" in the FIDE parlance is not apparent.
The case Bruyneel vs USADA (CAS 2013/A/3285) is an example where CAS jurisdiction to hear a procedural appeal was found lacking ("the USADA Protocol does not authorize a CAS appeal of preliminary procedural measures", here Bruyneel questioning whether the AAA arbitration panel had jurisdiction), though the discussion makes it clear that such a question depends on what the relevant dispute resolution conditions state. For FIDE, it says that "any decision" may be appealed to the CAS, though whether the finding of receivability is a "decision" in the FIDE parlance is not apparent.