NAC has been “invoked” to consider the appeal from Nikolay Noritsyn of the final tiebreak game at the Canadian Closed.
VOTE: 3 - 1 TO DENY APPEAL
Below is the official appeal (by email) from Nikolay. He has paid the appeal fee of $35.*
From: Nikolay Noritsyn Sent: July-03-17 8:53 PM
**I would like to formally lodge an appeal with the CFC. In Montreal, I asked about the appeal procedures, but told that as the tournament was over, I should appeal to the CFC, not to the Canadian Closed Appeal Committee.*I posted my version of events on*http://forum.chesstalk.com/showthrea...n-Championship, if needed I can provide more information. I would like to point out the fact that Bator Sambuev returned the queen to the table right before the arbiter intervened, and the fact that he kept quiet about it during the dispute Also, "And as to deliberately hiding your captured pieces from the opponent, there's always Rule 12.1:*The players shall take no action that will bring the game of chess into disrepute."
THE CHESS FEDERATION OF CANADA - NATIONAL APPEALS COMMITTEE:
Mark S. Dutton, I.A., I.O. - Chairman
Aris Marghetis, I.A., I.O.
Lyle Craver, I.A.
Illia Bluvshtein
Pierre Dénommée, I.A. *(Conflict of interest - RECUSED)
Here are the 4 NAC Committee Members responses - 3 against and 1 in favour of this appeal:
1. *Aris Marghetis, I.A., I.O.**Gentlemen, here is my opinion and vote on the Noritsyn appeal. Please appreciate that high-level arbiters from FOUR COUNTRIES have engaged me about this incident, and they are all in agreement with what I am presenting below. That actually includes the Chairman of the FIDE Arbiters' Commission, of which I am the Secretary. I hope you agree with me.*But first, I strongly recommend that we let Mark chair this. He is the obvious experienced choice as CFC NAC Chairman!*This appeal must be considered with arbiter mentality. No law was violated. One law was ignored (laws < July 1st, 2017):6.12****...A player may stop the chessclock only in order to seek the arbiter’s assistance, for example when promotion has taken place and the piece required is not available.This law was ignored by Noritsyn. The arbiter cannot be blamed for that. The opponent cannot be blamed for that.*I understand that there were might appear to be extenuating circumstances. However, the above law is perfect for such situations, as exercising it appropriately circumvents all of the circumstantial issues. Here is my current personal list:-******* Noritsyn refers us to his ChessTalk posts. My goodness, his appeal clearly needed a better submission to us.(in fact, Noritsyn's appeal email doesn't even explicitly state what he's appealing for, what remedy he expects, etc.)-******* I would have preferred Organizers/Arbiters provided extra queens. But law 6.12.b above could have covered that.(I especially cannot believe that with TWO black pawns on their SEVENTH rank, that no one thought of extra queens?!)-******* I would have preferred Arbiters notice that the opponent had the black queen. But again, law 6.12.b was possible.-******* From both the written and video evidence, I cannot ascribe any actual negative intent on the part of the opponent.*In conclusion, I vote against this appeal.*Thank you, and best regards, Aris. .......cont'd
VOTE: 3 - 1 TO DENY APPEAL
Below is the official appeal (by email) from Nikolay. He has paid the appeal fee of $35.*
From: Nikolay Noritsyn Sent: July-03-17 8:53 PM
**I would like to formally lodge an appeal with the CFC. In Montreal, I asked about the appeal procedures, but told that as the tournament was over, I should appeal to the CFC, not to the Canadian Closed Appeal Committee.*I posted my version of events on*http://forum.chesstalk.com/showthrea...n-Championship, if needed I can provide more information. I would like to point out the fact that Bator Sambuev returned the queen to the table right before the arbiter intervened, and the fact that he kept quiet about it during the dispute Also, "And as to deliberately hiding your captured pieces from the opponent, there's always Rule 12.1:*The players shall take no action that will bring the game of chess into disrepute."
THE CHESS FEDERATION OF CANADA - NATIONAL APPEALS COMMITTEE:
Mark S. Dutton, I.A., I.O. - Chairman
Aris Marghetis, I.A., I.O.
Lyle Craver, I.A.
Illia Bluvshtein
Pierre Dénommée, I.A. *(Conflict of interest - RECUSED)
Here are the 4 NAC Committee Members responses - 3 against and 1 in favour of this appeal:
1. *Aris Marghetis, I.A., I.O.**Gentlemen, here is my opinion and vote on the Noritsyn appeal. Please appreciate that high-level arbiters from FOUR COUNTRIES have engaged me about this incident, and they are all in agreement with what I am presenting below. That actually includes the Chairman of the FIDE Arbiters' Commission, of which I am the Secretary. I hope you agree with me.*But first, I strongly recommend that we let Mark chair this. He is the obvious experienced choice as CFC NAC Chairman!*This appeal must be considered with arbiter mentality. No law was violated. One law was ignored (laws < July 1st, 2017):6.12****...A player may stop the chessclock only in order to seek the arbiter’s assistance, for example when promotion has taken place and the piece required is not available.This law was ignored by Noritsyn. The arbiter cannot be blamed for that. The opponent cannot be blamed for that.*I understand that there were might appear to be extenuating circumstances. However, the above law is perfect for such situations, as exercising it appropriately circumvents all of the circumstantial issues. Here is my current personal list:-******* Noritsyn refers us to his ChessTalk posts. My goodness, his appeal clearly needed a better submission to us.(in fact, Noritsyn's appeal email doesn't even explicitly state what he's appealing for, what remedy he expects, etc.)-******* I would have preferred Organizers/Arbiters provided extra queens. But law 6.12.b above could have covered that.(I especially cannot believe that with TWO black pawns on their SEVENTH rank, that no one thought of extra queens?!)-******* I would have preferred Arbiters notice that the opponent had the black queen. But again, law 6.12.b was possible.-******* From both the written and video evidence, I cannot ascribe any actual negative intent on the part of the opponent.*In conclusion, I vote against this appeal.*Thank you, and best regards, Aris. .......cont'd
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