Handbook ::  A. Administrative Subjects

Chapter 13 - Final Settlement of Disputes

13.1. Notwithstanding any provisions to the contrary in these Statutes, any final decision taken by a FIDE organ may be disputed exclusively before the Court of Arbitration for Sport, Lausanne (CAS) acting as an appeals arbitration body, to the exclusion of any ordinary court or any other court of arbitration. Only parties directly affected by a decision may appeal to the CAS. FIDE has the right to initiate arbitral proceedings before the CAS in Lausanne against a member federation or any of its officials, player, organizer, arbiter or FIDE official or affiliated organisation in respect of a matter arising out of the FIDE Statutes, Regulations or agreements between these persons and/or entities.
13.2 An appeal before the CAS may only be brought after FIDE’s internal procedures and remedies have been exhausted. The decisions of the Ethics Commission, Electoral Commission and General Assembly relating to matters falling within their respective competencies are final. The General Assembly will be the internal appellate organ for all decisions of FIDE organs and officials other than the decisions falling within the respective competencies of the Ethics Commission and the Electoral Commission.  An aggrieved party may appeal against the decision by the Executive Board directly to CAS if, and only if, that party’s interest will be irreparably harmed by having to wait for a final decision by the next General Assembly.
13.3 The time limit for appeal to the CAS shall be 21 days from the date that the appellant becomes aware, or reasonably should have been aware, of the decision in question. An appeal does not suspend the execution of a disciplinary sanction, subject to the power of the CAS to order that any disciplinary sanction be stayed pending the arbitration. The CAS shall not take into account facts or evidence which the appellant could have submitted to an internal FIDE body by acting with reasonable diligence required under the circumstances, but failed or chose not to do so. The CAS shall decide the dispute according to the applicable FIDE Statutes, regulations and rules, as well as according to Swiss law. The language of the arbitration will be English. The decision of the CAS shall be final and binding on the parties.
13.4 The CAS shall not have jurisdiction to deal with matters related to the application of a purely sporting rule, such as the Laws of the Game or the technical rules of a competition.
13.5 Any member federation or affiliated organisation suing FIDE:
  1. shall disclose the source of their funding in any proceedings; and
  2. shall be obliged to provide as security for costs a bank guarantee drawn on a bank suitable to FIDE’s bankers, in an acceptable form and in a reasonable amount to be determined by the CAS or relevant court as the case may be but, in any event, limited to a maximum of €200,000.  The amount fixed for the security for costs shall be without prejudice to the final decision on costs pursuant to section 13.6 below.
The requirements in (i) and (ii) are mandatory conditions for an appeal before CAS.
13.6 In case FIDE is sued before the CAS on the basis of the abovementioned arbitration clauses, then in the event they are unsuccessful, the losing claimant, by way of derogation from Art. R64.5 and R 65.3 of the CAS Code (or any provisions that the CAS may subsequently enact in lieu of these provisions), shall be held liable for all reasonable expenses incurred by FIDE in defending the case in proportion to the degree of the success of FIDE and the compensation shall hence not be limited to a mere contribution towards legal fees and expenses. The questions whether expenses are reasonable will be assessed in light of all circumstances in particular of the expenses of the claimant party. For purposes of making a decision on costs, the Panel shall determine the relative success of the parties on their claims and counterclaims. The same liability will apply in case FIDE initiates and loses a CAS arbitration based on the abovementioned arbitration clauses. 
13.7 Save for the above, proceedings before the CAS shall take place in accordance with the Code of Sports-related Arbitration of the CAS.
13.8 Subject to and without prejudice to the arbitration clauses above, any other dispute instituted against FIDE, including settlement of disputes involving sponsors and/or any person or body with whom FIDE has entered into any form of contractual arrangement related to Chess, shall be submitted exclusively to the competent courts of the Canton of Vaud, Switzerland.
 banner ptwitter
World Cadets 2016
WRBC 2016 Doha
banner arrears
banner comm events
banner comm rules2
banner comm pairings
facebook twitter gplus rss
©  World Chess Federation   |  FIDE News RSS Feed