Datsyuk will almost certainly officially retire from the NHL. Players on 35+ contracts who do that stick their teams with the cap hit. Them's just the breaks. There likely will be no IIHF or legal argument to make. The contract/money won't be the issue (if you don't report, you don't earn), but instead the league's policy on 35+ contracts.
Yeah I mean the concept of that retirement is false considering he would be playing professional hockey in an IIHF league and collecting serious coin in the process.
By this theory signing any player of Russian descent to a long term contract is attached with far greater risks. As at any moment he could declare himself 'retired from his NHL contract' and go play in the KHL for virtually the same amount (if not more) than he was making in the NHL.
I'm just saying there is a commissioner for a reason. He can step in and make rulings when there is unprecedented territory like this.
By rule... yes technically it should count. But Detroit is getting hosed by a man of shady business practice.
Has this ever happened?
i) Over 35 contract
ii)Team desperately wants him to honor contract
iii)Claims he retires
iv) Continues Playing very high level pro hockey for a lot of money.
Yes the wording "all salary and bonuses continue to count against the team salary cap, regardless of where and whether or not that player is playing" is pretty clear cut black and white.
But Bettman could just say he found Datsyuk's 'retirement' was in bad faith of the IIHF transfer agreement and provide Detroit with relief in this situation. Make it more about the transfer agreement violation superceding the over 35 rule.
