Arrabal. Photo Lis
From: Bella Kamskaya, Esq.Counsel for Gata Kamsky
To: FIDE President, Kirsan ILYUMZHINOV
New letter January 17, 2008
office@fide.com
copy to
Mr. Georgios MAKROPOULOS
Chairman World Championship Committee;
Mr. President:
I would like to bring to your attention the correspondence from Mr. Makropoulos dated January 16, 2008, which took him two weeks to respond to GM Kamsky's letter of January 4th, 2008, denying GM Kamsky an equal treatment which is disturbing, outrageously unfair and must be a concern to FIDE. Therefore this letter is addressed to you directly, asking for your positive resolution.
First, the extension of the bidding deadline till March 30, 2008, which was unconditionally granted on January 3, 2008, was threatened to be revoked if GM Kamsky does not consent to other changes which are clearly not in his best interest. The Kamsky's team insists that the March 30, 2008, bidding deadline shall remain unchanged. Please consider an additional extension of the deadline till April 30, 2008, as was originally requested by GM Kamsky.
Second, Mr. Makropoulos's direct blackmail was intended to force GM Kamsky to agree with the position of Mr. Danailov who allowed "for the possibility to the USCF or your side to secure another organiser under the condition that the Bulgarian side will receive a 2-month term to match any improved offer if it comes from USA or Russia." Currently, there is no agreement between FIDE and Bulgarian Chess Federation regarding Kamsky-Topalov Match, thus FIDE should not take instruction from the Topalov's manager, the person who is directly interested in the outcome of the bidding process. If FIDE wants to create equal conditions for both players at the match, this process shall begin at the bidding table and therefore each side shall be afforded equal rights for an extension of any counter-bid that may follow. Thus, the Kamsky's team insists that FIDE takes an independent position and allows Kamsky the same 2-month-period to present a counter-bid, if that need shall arise.
Further, it is impermissible for FIDE and disrespectful to the participants to have a prize fund for a semi-final match of $150,000 while FIDE allocates 1.5 Million Euro for the Kramnik-Anand match. This is blatantly unfair and shall be subject to an independent investigation. GM Kamsky urges FIDE to utilize its vast resources to find competent sponsors for the Kamsky-Topalov match without putting this heavy burden solely on GM Kamsky, with only 2 weeks notice.
About four years ago, the winners of the World Cup were given the title of the World Champion and they were: GMs Anand, Khalifman, Ponomariov and Kasimdzhanov, and nobody received such a favorable treatment from FIDE as GM Topalov and GM Kramnik. Both of them did not take part in the qualification process from the "ground zero" as GM Kamsky did by winning the 2007 World Cup. FIDE should acknowledge the fact that, but for, the concessions given to GM Topalov and GM Kramnik, a winner of the 2007 World Cup, GM Kamsky, has all moral and legal rights to play directly against GM Anand for the title of the World Champion.
It is clear that GM Kamsky was not privy to the negotiations that underwent between Topalov's team, specifically Mr. Danailov and FIDE that occurred before GM Kamsky won the 2007 World Cup. Now that GM Kamsky has his direct title and financial stake in the world championship process, it is critical that GM Kamsky must have all relevant information directly. Mr. Makropoulos's reference to the confidentiality clauses and referral to the FIDE Vice-President Mr. Kelleher is improper. GM Kamsky can personally secure the confidentiality of these documents to the highest degree, without involvement of third parties such as Mr. Kelleher.
Accordingly, GM Kamsky respectfully makes his third request for documentation/contracts regarding (i) semi-final match negotiations between FIDE and GM Topalov/ Mr. Danailov and (ii) the agreement between FIDE, GM Anand and GM Kramnik for the Kramnik-Anand Match.
It is imperative that GM Kamsky participates in all negotiations on an equal basis. This means that he must be privy to all information considering that GM Topalov and GM Kramnik were offered spots in the World Championship Matches without first competing in any qualifying competition, and due to the great disparity between the prize funds of Kramnik-Anand and the Kamsky-Topalov matches. Therefore, it is respectfully requested that FIDE voluntarily produces all relevant documents. If FIDE chooses to continue to procure Mr. Danailov's position to the detriment of GM Kamsky, please take notice that to secure an equal treatment, these documents will be obtained thru other channels.
Finally Mr. Makropoulos should not worry himself regarding GM Kamsky's performance at the 2008 Grand-Prix. Please note GM Kamsky's preference for the Kamsky-Topalov Match is for September or November of 2008. Also, GM Kamsky affirms his position to play in all Grand-Prix, including the December 2008 event, since he has no other tournaments to play.
Due to the eminent urgency please respond at your earliest convenience directly at bkkrupnicklaw@optonline.net
Sincerely,
Bella Kamskaya, Esq.
Counsel for Gata Kamsky
Law Offices of Sheldon Martin Krupnick
114 Old Country Road, Suite 544
Mineola, NY 11501
*
LETTER
From: Georgios Makropoulos
To: Gata Kamsky
Dear Gata,
The exact dates of the December Grand-Prix tournament are not yet known. Please also note that the World Mind Sport Games are 3-18 October in Beijing, the World Championship Match Anand - Kramnik is 11-30 October in Bonn, the Chess Olympiad is 12-25 November in Dresden and in December we have your match against Topalov and the GP tournament.
Therefore, I cannot see how it would be possible for someone to play in both competitions in December. It is obvious that even if the two events would not coincide, the dates of both events will be so close that, for your better performance (yours and Topalov's), you should both choose 4 of the other 5 GP tournaments.
A final contract with the Bulgarian Chess Federation has not been signed yet, otherwise we wouldn't discuss at this moment the possibility of organising this match outside Bulgaria. The other contract which you are requesting, between FIDE, Anand and Kramnik, is confidential according to one of its clauses and we cannot make it public. A copy has been sent to FIDE Vice-President Mr Kelleher and he can answer to any of your questions if you wish.
I would like to make it clear that the Bulgarian Chess Fedeartion has morally, and probably legally, the right to organise the match. But Mr Danailov has agreed to give the possibility to the USCF or your side to secure another organiser under the condition that the Bulgarian side will receive a 2-month term to match any improved offer if it comes from USA or Russia. If a bid comes from any other country, FIDE will immediately accept it. Connsequently, your request for "the same time period to present a counter-bid" for both sides cannot be accepted.
Last but not least, I would like to emphasize that FIDE can guarantee fair treatment and equal conditions to both players wherever this match is held. The details and the procedure will be described in the common contract which will be signed from your side and Topalov with FIDE and between FIDE and the organiser. For such matters we can have a meeting in Athens so we can conclude on the final version of the agreement.
I kindly ask you to confirm that you approve this procedure so we can also inform the Bulgarian side. I am afraid that, as long as this issue is delayed, we will be trapped between one or the other's side intolerance. In that case we will finally be forced to follow the decision of the FIDE Presidential Board in Singapore which gave your side the possibility to bring an alternative offer by 31 January 2008.
Best regards,
Georgios Makropoulos
FIDE Deputy President
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LETTER
From: Bella Kamskaya
To: office@fide.com
Sent: Friday, January 04, 2008 9:06 PM
Subject: RE: Match Kamsky - Topalov
Mr. Georgios Makropoulos, Chairman January 4, 2008
FIDE World Championship Committee
FIDE Deputy President
FIDE World Chess Federation [office@fide.com]
Dear Mr. Makropoulos:
Seasonal Greetings to you and your family!
I am in receipt of the FIDE modification to the regulations of the Grand-Prix which will allow GM Kamsky to play in all tournaments from April 2008, as per your letter dated January 3, 2008. The Kamsky's team (GM Kamsky, his manager and his legal counsel) appreciates the fact that FIDE made these concessions in favor of the players and all chess fans.
Notwithstanding all the changes that were already made, the minor point that still needs to be resolved is an avoidance of a conflict between the Kamsky-Topalov match and the Grand-Prix in December of 2008. Since the dates for the Kamsky –Topalov match are still under negotiation, the proper changes can be made to avoid any and all conflicts in FIDE's December of 2008 schedule, so that no player loses even a single Grand-Prix event.
I am not aware of the dated for the December 2008 Grand-Prix event, once they are determined, I have no doubt that we can make another joint effort in "ironing" the details for December of 2008 FIDE schedule so that the Kamsky-Topalov Match is held before the December of 2008 Grand-Prix event.
Further, in order to be able to negotiate fairly every aspect of the Kamsky-Topalov Match, including the exact time of this so anticipated event, it is respectfully requested that FIDE consults with all participants to achieve a complete satisfaction. On behalf of the Kamsky's team, I propose a joint session in Moscow between the Kamsky's Team, Topalov's Team and the FIDE so that everything is contractually settled without imposition of specific terms upon either party without any prior consultation or notice.
Thank you for granting an extension of the deadline for the Kamsky Bid till March 31, 2008. In regards to the bidding process, please provide at your earliest convenience a copy of an existing Bid offer/Contract made between FIDE and the Bulgarian Federation for the Match between Topalov and the Winner of the 2007 World Cup and a copy of a contract for the Kramnik-Anand Match.
Please note that FIDE unilaterally allowed the Bulgarian Federation a 2-month period to match the offer coming from the Kamsky's side, if the Kamsky's proposal comes from USA or Russia. We are of an opinion that the FIDE should accept the highest bid presented to it as of March 31, 2008, or both sides should have the same time period to present a counter-bid.
Please comment on whether the FIDE is willing to balance these organizational issues in the interests of a fair treatment of both players.
Should you have any questions do not hesitate to contact me directly at bkkrupnicklaw@optonline.net or Mr. Oleksandr Chernenko, GM Kamsky's manager, at e-mail oleksandr_chernenko@svitonline.com
THANK
Sincerely,
Bella Kamskaya, Esq.
Counsel for Gata Kamsky
The Law Offices of Sheldon Martin Krupnick
114 Old County Road, Suite 544
Mineola, New York, 11501
CC: GM Gata Kamsky
Mr. Oleksandr Chernenko, GM Kamsky's manager
*
LETTER
Dear Gata,
My best wishes for a healthy, happy and prosperous 2008 for you and your family!
1. As you might have already been informed by Geoffrey Borg, FIDE is implementing a modification in the regulations of the Grand-Prix which will allow you (and also Anand, Kramnik, Topalov) to play in the tournaments from April 2008.
2. Based on these changes, there is no reason now for your match against Topalov to be organised end August - September and it can be moved later in December, after the match Anand - Kramnik, as was originally planned. This means that you and Topalov would not be able to participate in the December tournament of the GP. But of course you can play in 4 of the rest 5 tournaments.
3. In this case we can extend the deadline for a possible sponsor from your side or the USCF for 31 March 2008, under the condition that up to the said deadline a bank guarantee will be submitted to FIDE which will cover the organiser's onbligations towards FIDE and the players, as they were described in our email of 27 December and in connection with article 3.17 (ceremonies / prize fund / stipends) of the match regulations Topalov - Kamsky. Please note that in addition to the above, the organiser must also cover the travel and accommodation expenses for the match principals as stated in article 3.18 of the regulations. The same applies for the players and their teams. To this end, I propose to include in the contract with the organiser the following (whoever this organiser is):
"The organiser shall arrange for the players plus the personal manager plus up to three (3) other members of their team (total 5 members for each team):
- business class return air fares for the Players (Kamsky and Topalov) and their Managers from various cities to the venue of the Challengers Match plus economy class return air fares for three (3) of his team members;
- full accommodation (including three meals per day and non-alcoholic drinks) for the Players (Kamsky and Topalov), their managers plus up to three (3) members of each team (suite for the players, junuior suites for their managers and single rooms for the rest 3 members of each team)."
4. As we have described in our email of 27 December, if the organiser's proposal will come from a country other than USA and Russia with a net prize fund of at least 250,000 USD, FIDE will accept this proposal and sign contracts with the organiser.
If a proposal comes from USA or Russia, then FIDE will give a 2-month period to the original organiser, the Bulgarian Federation, to check if they can match the offer coming from your side. If they cannot, the match will be organised in USA or Russia. If the Bulgarian Federation can match the offer, the event will be organised in Bulgaria.
5. In the following weeks we should finalise the contract which will be signed by you, Topalov and FIDE which will cover all sides concerning
a) fair treatment of both players in respect of organisational issues,
b) equal playing conditions
c) anti-cheating measures
d) fair publicity of both players through the event's press office.
At the same time we will prepare, in co-operation with your side and Topalov's, the contract which will be signed by FIDE and the organiser. If you or Topalov believe that the players should also sign the contract between FIDE and the organiser, FIDE has no objection on this issue.
I think that all the above satisfy your requests to the highest possible extent and I would like you to agree with the whole procedure. I am therefore expecting a written confirmation from your side.
Last but not least, I would like to bring into attention a very important matter for FIDE. If the event is organised in USA, then FIDE would prefer the participation of the USCF in the preparation and organisation of the match.
Best regards,
Georgios Makropoulos
FIDE Deputy President
