It's war, between FIDE and Karpov

The world chess governing body, and former world champion Anatoly Karpov, appear to have declared open war.

"We are witnessing the degradation of chess," Karpov told the website of Garry Kasparov, referring to the recent arbitration proceedings between him and FIDE, which resulted in FIDE paying Karpov $50,000, and the latter in turn agreeing that Alexander Khalifman was the rightful holder of the world title in 1999, and Vishwanathan Anand for the year 2000. Karpov had, as part of the settlement arrived at on January 9 at the Court of Arbitration for Sport hearings, agreed to refrain from criticising FIDE in any forum.

The interview given by the former world champion to the Kasparov website has in turn provoked FIDE into publishing the full text of the agreement arrived at in Lausanne. The text reads as under:

Consent Arbitral Award
Delivered by the Court of Arbitration for Sport
Sitting in the following composition:

President Mr. Jan Paulsson, attorney at law, Paris, France
Arbitrators: Mr. Hans Nater, attorney at law, Zurich, Switzerland
Mr. Jean-Pierre Morand, attorney at law, Geneva, Switzerland

In the arbitration between
ANATOLY KARPOV, Moscow, Russia, Represented by Mr. A. Brodbeck, attorney at law of Glarus, Switzerland (Claimant)
Vs.
LA FEDERATION INTERNATIONALE DES ECHECS (FIDE), Lausanne, Switzerland, Represented by Mr. Jean-Marc Reymond, attorney at law of Lausanne, Switzerland (Respondent)

THE PARTIES

1. The Claimant in these proceedings is Mr. Anatoly Karpov, a Russian citizen and chess grandmaster of world renown.

2. The Respondent in these proceedings is the Federation Internationale des Echecs (FIDE), which is a Swiss association under Art. 60 ff. of the Swiss Civil Code and which has its seat in Lausanne, Switzerland.

B. JURISDICTION OVER THE DISPUTE

3. A dispute has arisen between the parties that relates to an agreement concluded by them on 8 October 1998 (the Agreement).
4. The dispute relates to the curtailing of the FIDE World Championship cycle from two years to one year in October 1998, while Mr. Anatoly Karpov was the FIDE world champion, and the staging of the 1999 FIDE World Championship in Las Vegas in July/August 1999 in respect of which both parties have made various claims against each other.
5. Paragraph 6 of the Agreement provides that:
"6. Any dispute arising from or related to this Agreement will be submitted to the Court of Arbitration for Sports in Lausanne, Switzerland and resolved definitely in accordance with the Code of Sports related Arbitration".
6. On 9 January 2001, an oral hearing was held in Lausanne during which the parties reached a full and final settlement. The parties have requested that their settlement be reflected in a consent award as follows and be enforceable as such.
In consideration of the mutual agreement contain herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
"In the interest of chess, the parties unreservedly agree to withdraw all claims and counterclaims made in this arbitration with prejudice. Both parties acknowledge the effectiveness of the decision of FIDE to change the World Championship cycle from a two-year to a single year.
Mr. Anatoly Karpov has no objection, and undertakes not to object, to FIDE's conferring of its World Championship title to Alexander Khalifman in 1999 and Viswanathan Anand in 2000.
Both FIDE and its officials and Mr. Anatoly Karpov undertake to cease all forms of criticism against each other through any medium, including but not limited to print and electronic media, in respect of any of the allegations or claims made in this arbitration. In the interest of goodwill and in order to correct the misunderstanding arising out of the agreement which led to this dispute, FIDE shall make a single payment to Mr. Anatoly Karpov of US$ 50, 000 (fifty thousand United States dollars) within 14 days of the date of this Consent Award.
Each party shall bear its own expenses, and will share equally the costs of CAS."

C. LEGAL ASPECTS

7. The Code of Sports-related Arbitration (Code) does not specifically provide for any rule governing the rendering of consent awards.
8. The Swiss Act on Private International Law (PIL Act) does not specify either how the arbitrator(s) shall register an agreement reached by the parties. The will of the parties is, however, relevant in such a situation and it is therefore obvious than any arbitration Panel is entitled to deliver such a consent award (see Lalive, Poudret, Reymond, Le droit de l'arbitrage interne et international en Suisse, Payot, Lausanne, 1989, p.418). Furthermore, the confirmation by the Arbitral Panel of an agreement concluded by the parties is important as it provides the parties with an enforceable decision.
9. Regarding the form of the award of agreement, it is appropriate to apply by analogy Art. 34 of the Swiss Intercantonal Concordat on Arbitration (CIA). Thus, the consent award must take a form similar to an arbitral award rendered in an adversarial procedure. Specifically, the award shall be dated and signed, at least, by the President of the Panel (see art. 189 PIL Act).
10. In view of the above, the present award puts an end to the arbitration procedure CAS 99/O/236. The costs of the present procedure will be determined in due course by the CAS Court Office.
Done in Lausanne and dated 9 January 2001

The signatories are Anatoly Karpov, and Kirsan N Ilyumzhinov, president of FIDE.

FIDE appears, by releasing the text of the agreement, undercut Karpov's claim that he has been done in. One thing though is for sure -- the battle has just begun, and the fur is expected to fly in the coming weeks. And if you want to bet on another certainity, it is this -- it will be a while before we see Karpov figuring on the official FIDE circuit.