IIHF and NHL reach deal, Russia stays out

[DialT0ne]

i strongly believe us players own russian players 24/7

 

[kdb209]

Well, if I remember right, if club offers player new 3-year contract with +30% salary, he MUST accept it

Unless the 3-yr deal is an option in the contact that has already been signed and agreed to, there is no way a player could be compelled to sign the new contract. And if he were, it is very likely that that contract would be invalidated in US or Canadian courts.

This is not dissimilar to the case of Alexander Korolyuk. The Sharks took him to arbitration. Under the terms of the CBA he is compelled to sign the arbitration award contract if he ever want s to play in the NHL, however he cannot be forced to sign the contract against his will. He is free to play in Russia and the Sharks and the NHL have no grounds to prevent it - he is not under contract.

 

[Emule Richard]

Listen even more carefully now. The THRESHOLD issue for awarding an injunction is the same whether it is to prevent a company form polluting a stream, or an athlete from playing elsewhere, or a group from protesting outside a public place. If the matter in question can be compensated by the award of damages, an injunction will not be awarded. Unless one passes that test, you cannot get an injunction. IF you are a lawyer, you know (or ought to know) this basic premise. The question will be for the court is NOT whether the... "personal services or acts of of a special, unique or extraordinary character..." to fit this situation. That point is a reflection of the main test of compensability (or not) by damages. You apparently don't grasp this concept.

Now in none of the cases cited have the parties in question been involved in a lengthy history of a negotiated fee paid from one party to the other in exchange for changing teams and "breaking" the player contract. The parties in question have for many years assigned such a value. In every situation where a player will go from Russia to the NHL, it will be after an extensive negotiation where the Russian club will have demanded a sum of money. It is IMPOSSIBLE for them to later argue that money would not constitute an adequate remedy.

Please respond to this post and stay on point, and you will save everyone a lot of time.

Forget about the injunction - I don't really think that's what the Russian teams care about. Clearly, the breach of contract is compensable by damages, and the Russian teams just want to get paid!

The Russian teams will find a way to be compensated if the player breaches his contract - whether through transfer payment or by suing the player. It's only a matter of time until a benchmark is set.

Richard

 

[SuperUnknown]

Forget about the injunction - I don't really think that's what the Russian teams care about. Clearly, the breach of contract is compensable by damages, and the Russian teams just want to get paid!

The Russian teams will find a way to be compensated if the player breaches his contract - whether through transfer payment or by suing the player. It's only a matter of time until a benchmark is set.

Richard

Wouldn't the team have to sue the player for breach of contract? (Since there's no contract between the NHL team and the Russian team?)

 

[Emule Richard]

Wouldn't the team have to sue the player for breach of contract? (Since there's no contract between the NHL team and the Russian team?)

That's what my post says - the player.

Richard

 

[GSC2k2*]

That's what my post says - the player.

Richard

Yep - which brings back in the question of jurisdiction, whihc is most likely defended successfully in north America on the basis of forum non conveniens ... which leaves the Russian club just a Russian judgment which cannot be enforced until the player returns to Russia ... unless the gangsters decide to bring "extralegal" considerations into play ...

 

[Emule Richard]

Yep - which brings back in the question of jurisdiction, whihc is most likely defended successfully in north America on the basis of forum non conveniens ... which leaves the Russian club just a Russian judgment which cannot be enforced until the player returns to Russia ... unless the gangsters decide to bring "extralegal" considerations into play ...

I was hoping you'd add that bit because this is where my ability to argue stops - and this thread is at the same point in the argument as the other one

Richard