OpenChess

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 recent Annex 52 from the Ethics Commission notes two pending cases, 13/2014 European Chess Federation [sic] against Danailov/Sakotic/Stoisavljenic, and Montenegro Chess Fedration against Sakotic/Stoisavljenic, both being appealed to the CAS after being held admissible.

There is also case 4/2015, Georgiev/Stoichkov/Stoynev against Bulgarian Chess Federation (failure of fundamental justice in internal discipline), which was held admissible, and BCF vs Azmaiparashvili/Tsorbatzoglou regarding alleged interference into BCF affairs, which is on hold until the CAS appeal reaches its outcome.

The Minutes from the Constitutional Commission (Annex 59) note:

The following points were inserted in the agenda:
4) Interpretative questions:
b) the definition of “final decision of a FIDE organ”

The CAS ruled that the FIDE Ethics Commission is competent to hear the complaint, and assessed internal costs to the Appellants.

FIDE has posted a scan of some parts of the CAS decision, essentially corroborating my expectation, namely that the FIDE Ethics Commission does indeed have jurisdiction over the ECU [and thereby its president] in terms of ethical matters (which Danailov called a "matter of principle" in making the appeal), and that the matters to be judged are indeed prima facie violations.