Kaigorodov's case, or why Russian Hockey federation would never sign IIHF deal.

[Pepper]

IIHF would do just fine without the Russians, it's not like Russia has anything special to offer. From Izvestija to current russian tournament of the Eurotourney, every year the worst conditions & worst organized tournament can be found from Russia. Teams from Finland & Sweden have to bring their own chefs & basic food ingredients because you never know what crap you're getting when eating in Russia.

Good riddance Russians!

 

[Montrealer]

In Mother Russia, Puck shoots you!

 

[GSC2k2*]

Oh please.

Most or all of the 1980 Russian Olympic team are still alive today.

Well, unlike the RSL, the 1980 Olympic team was not a front for money laundering ...

 

[Brent Burns Beard]

Maybe I dont understand this .... but when Kaigodorov (or any other human) has completed his contractual obligation, why does that organization hold any rights to this human ?

If this human decides he wants to move his family to Ottawa and work there, how does anyone in Russia prevent that from happening (legally) ?

When did these players lose their human rights ? If Mettalug decided to hire Brendan Morrison when his contract was up with the Canucks, they surely wouldnt owe Hockey Canada any transfer fee. I dont get it.

dr

 

[Pepper]

Kaigorov is perfectly free to leave Russia for no compensation after his current contract runs out.

 

[Egil]

I also believe his can give 2 weeks notice to his employer (his Russian club) that he wants out of his contract, and he is gone. Wouldn't that make the Russians happy?

 

[Hockeystatic]

He is a bona fide offensive centre, go to guy on the team, already boasting kinds of Malkin and a line up which would beat the half of NHL teams easy and make the playoffs.

That's one of the funniest thing I've heard in a while. There's a good reason why the Pavel Rosa of this world are stars in the RSL but can't even make the 4th line in the NHL... RSL is closer to the AHL than the NHL.

 

[bymer]

I tell you, one thing that always lurks in the back of my mind is the Russian Mafia.

food for thought:

The Russian Mafia And the NHL

Russian Organized Crime and Sports (excerpt)

 

[hockeyfan33]

if this becomes a problem in courts in either country, one thing to keep in mind is the president of the u.s. and the congress could give a crap about hockey, they are all born and bread baseball fans (george bush)

but in Russia, hockey is much bigger, in fact I think the number 1 on a jeresy is retired in russia in honor of president putin.


this could turn into a political thing and even bush and putin meeting...haha

 

[Roy G Biv*]

That's one of the funniest thing I've heard in a while. There's a good reason why the Pavel Rosa of this world are stars in the RSL but can't even make the 4th line in the NHL... RSL is closer to the AHL than the NHL.

Not when Kovalchuk, Gonchar, Richards, Lecav, Heatly, Frolov, Jagr, Kovalev etc are in it (ie. last year).

 

[Timmy]

Not when Kovalchuk, Gonchar, Richards, Lecav, Heatly, Frolov, Jagr, Kovalev etc are in it (ie. last year).

I think the NHL was closed last year...

 

[Wetcoaster]

Or Kaig can just come to Ottawa for free since there is no deal... That's the way I look at it.

Let the Russians send their lawyers

If he is under a valid contract then the Canadian courts would issue an injunction barring him from playing for the Senators.

Foreign contracts are enforced everyday in Canadian courts.

 

[Wetcoaster]

Or he could just go play for the Sens and let the little Russian team take the NHL to court over it. Probably lose him for absolutly nothing in the end. The Russian federation is playing chicken with a group that just stood up a billion dollar union. Do you think they are scared of a court case with a Russian club team?

Unlikely to lose such a case in a Canadian court if the contract is valid.

 

[Clutch Mediocrity]

3M to 5M? The Russians don't deserve to have the previlage of playing in the NHL if that's the type of money they want for their big players. I can understand them not wanting to sign the IIHF deal, but those demands are unrealistic.

P.S - Ottawa love to have Kaygorodov in North America. But we have a Cup contender as is. We're quite content to leave him over-seas at that price.

 

[Wetcoaster]

I also believe his can give 2 weeks notice to his employer (his Russian club) that he wants out of his contract, and he is gone. Wouldn't that make the Russians happy?

The two week notice provision is not applicable to pro hockey contracts.

Some talk show host in Pittsburgh came up with that brilliant plan. he also claimed that was how Zherdev got out of his contract to join Columbus- NOT. If he does not know the most basic informtion on Zherdev , I would take his advice with a grain of salt. Also he did not consult any Russian legal experts. Had he done so he would have been told that this is not the case.

I spoke with a Russian lawyer friend who advised me that the two week notice period applies only to specific types of contracts (RLA's) registered under a specific legal provision of the 2001 Labor Code of the Russian Federation. It does not apply to the type of contracts signed by pro hockey players in Russia. She was formerly legal counsel with the Russian Ice Hockey Federation and various NHL teams use her as a legal resource in dealing with Russian contracts.

The two week notice period applies only to these RLA's (Russian Labour Agreements) which are specific contracts allowed under Russian law for ordinary workers. They replace what we in North America have as legislation. In BC it is called the Employment Standards Act and there is similar legislation in the US and across Canada. It would be like Todd Bertuzzi claiming to the Canucks I can give you two weeks notice under the Employment Standards Act and go sign with some one else. It does nit work that way here nor in Russia.

She pointed me to an English language site that explains RLA's and how they work.
http://www.conseco.ru/eng/abc/labour.html

 

[Clutch Mediocrity]

Wait till one of those Russian billionnaires takes his five 120' yachts and blockades the St Lawrence Seaway with them until you return his Malkin.

Then who will be laughing, my little babushka?

The whole world! At the Russian!

If he actually did such a stunt over a hockey player he'd look like an idiot and the everyone would be joking at his expense. Obviously, it was just a figure of speech but the idea of a Russian billionaire forming blockades with his yachts is actually quite humuorus.

 

[GSC2k2*]

If he is under a valid contract then the Canadian courts would issue an injunction barring him from playing for the Senators.

Foreign contracts are enforced everyday in Canadian courts.

Nope. You and I will continue to disagree on this, Wetcoaster.

Forum non conveniens.

 

[GSC2k2*]

Unlikely to lose such a case in a Canadian court if the contract is valid.

Unlikely to be heard in a Canadian court.

 

[Roy G Biv*]

I think the NHL was closed last year...

 

[Wetcoaster]

Nope. You and I will continue to disagree on this, Wetcoaster.

Forum non conveniens.

By signing a contract to play with an NHL team that would be sufficient to establish jurisdiction and seek an injunction relying upon the foreign contract.

That is assuming the NHL would even register the NHL team contract.

 

[Wetcoaster]

Unlikely to be heard in a Canadian court.

Why?

The NHL team signs a personal services (NHL player) contract. The subject matter of the contract and the parties are within the jursidiction of the Ontario courts

The Russian team files suit seeking an injunction claiming breach of contract on the basis of the foreign contract previously signed. The Russian party is not seeking to enforce its contract but rater prevent a breach in a foreign jurisdiction. The court would have the power to grant an injunction against the payer performing services for the NHL club.

There is no problem in the Ontario court accepting jurisdiction. Cases involving foreign contracts occur all the time. I have done anumber of them over the years.

This is just basic conflict of laws (private international law) principles. Have you actually studied Conflict of Laws (or privaye international law as it is sometimes called)? Or are you simply pulling out domestic legal issues?

Here is a primer on the area.
http://en.wikipedia.org/wiki/Private_international_law

 

[Timmy]

The NHL was closed last year, which is why the players mentioned were in the RSL to begin with.

Therefore, when the NHL is open for business, the RSL reverts back to an AHL-level league, as those players (Heatley, et.al.) are back in the NHL with nary a glance over their shoulders.

 

[HockeyCritter]

I think that is probably a major motivation for Russia turning down the IIHF deal. They would love nothing more than to be able to keep players like Ovechkin, Malkin, Datsyuk, Frolov, etc. If a Russian player was never drafted in the NHL again they would be very happy.

It’s really done a lot to keep Ovechkin there . . . . . oops, maybe not.

 

[Team_Spirit]

He might make more money in Russia right now , but if he come over and become a star he will make more money in a 2-3 years deal than his whole life in Russia .

And the comment about his team beating half of the NHL's team is BS and show the bias of the writer .

 

[Roy G Biv*]

The NHL was closed last year, which is why the players mentioned were in the RSL to begin with.

Therefore, when the NHL is open for business, the RSL reverts back to an AHL-level league, as those players (Heatley, et.al.) are back in the NHL with nary a glance over their shoulders.

Excatly... the poster was saying Kaigs dominated a crappy league... I was making the point that it was very competitive last year.