There has been much
angst over the past week, regarding the latest fallout from the ECF's court case against FIDE. Those unfamiliar with the details can find them elsewhere - such as
here. In essence, English arbiters - read Lara Barnes - have been banned from the Istanbul Olympiad later this year, because the ECF is party to a legal action against FIDE.
As far as the actual decision to enter the legal action in the first place is concerned, I have to say that, on balance, I think it was unwise - the danger of retaliation, harming the interests of players and everyone else involved in English chess, is too great. Having said that, I am not oblivious to the strength of the counter-argument, namely, that Ill-Lunatic should not be allowed to ride roughshod over FIDE's own rules whenever it suits him, and the only hope of stopping him is to invoke the intervention of the courts. It has been suggested that it would have been better to refer the matter to FIDE's own "Ethics Committee". The problem with this is that the latter, whilst apparently composed of decent, qualified and relatively independent people, takes months to hold a meeting, and is also toothless - even if it decides against FIDE, it can do nothing except say so. No, someone needs to stand up to Kirsan and use the courts to stop him. But,
NIMBY that I am, I am not sure it should have been the ECF.
"We are one family - and people who sue FIDE are another". (photo: Chessbase)
But the issue that has got collars most heated amongst the termites on the Egregious Forum, is the fact that the ECF's involvement in the legal action was not disclosed to the federation's AGM, in October last year. Reports from various officers, most crucially (in terms of those most closely involved in the decision) from the President, CJ de Mooi, and the FIDE Delegate Nigel Short, both omitted any mention of the action. So too did the CEO's report by Andrew Farthing. Alone of the three, the latter has offered a public explanation of his omission - an oversight!
The non-disclosure has caused outrage and fuelled conspiracy theories. I too, was initially cynical about the reasons for keeping the details from the AGM, but I have now discovered that there is actually a perfectly understandable explanation for this. Sources close to the ECF Presidency have told me that there were legitimate legal concerns at that time, regarding the attitude of the court to the funding of the case. Broadly, the plaintiffs' financial risk is being borne by Garry Kasparov (or persons connected with him - the full details are not publicly available). At the time of the ECF's AGM last October, nobody was sure how the CAS would react to this fact, and it was decided that, as a matter of elementary legal tactics, the plaintiffs should not go out of their way to publicise the situation, and thereby hand their opponents a potential legal technicality, on the basis of which to try to get the case dismissed. Legal advice was also obtained, regarding the quality and reliability of the financial guarantees, and on that basis, it was decided not to disclose details of the case to the ECF AGM in October.
In fact, sometime after the ECF meeting, lawyers for FIDE did indeed attempt to raise exactly this point about the funding of the case, but the judges dismissed it as irrelevant. Nevertheless, prior to that moment, nobody was quite sure how they would react, and it is thus perfectly understandable that the plaintiffs should have decided to keep the issue as quiet as possible for the time being.
So that, then, is the true reason why the ECF Council did not hear about the court case last October. On legal advice, a conscious decision was taken to withhold it from them, lest premature disclosure should harm the case. Now, one can argue about whether the case should ever have been brought in the first place, but once that decision has been taken, it makes little sense then to act in a manner contrary to legal advice, and which may prejudice one's chances of winning. Given that separate legal advice had apparently confirmed that the ECF did not face any significant financial risk, there was arguably no real harm in the ECF's members not finding out about the court case for a few weeks or months longer.
It is a tangled web, and perhaps things could and should have been done differently. But the bruised termitic egos on the Forum, outraged at not being told about the case earlier, are barking up the wrong tree, in focusing mainly on the disclosure issue. As to the case itself, my sources tell me judgement has been deferred again, and is now due on 29 June.