Malkin '100%' coming over next year. RSL club threatens legal action

Beesfan

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Apr 10, 2006
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Saprykin-- You have a lot of well reasoned and clearly stated arguments, but I think there is one key point that you are missing. The transfer agreements among soccer players is probably based around a private contractual arrangement among leagues so that players can move from country to country to everyone's mutual benefit. If a team were to sue another team for taking a player without compensation, the court would have to refer to the private contract, which serves almost like a treaty. In the Malkin case, the private contract would be the IIHF transfer agreement, but since that does not bind the NHL and RHF, there would be no case for the Russians to make. I understand that he has a valid contract IN RUSSIA, but without a transfer agreement between the NHL and RHF, Malkin/Penguins will not be held in violation by a US court. So the major point is that the tranfer agreement is the law, and that there is no international law that would enforce Malkin's contract even though it is valid in Russia.

I sympathize with your point that Russian hockey is drained by having all their star players go abroad. We have the same problem with American soccer players :sarcasm: In all seriousness, I think the point about RSL teams getting compensation is a valid one, which is why the NHL agrees to pay about 1 million per player in the first place. The NHL could just as easily not sign a transfer agreement and give countries nothing, but this fee does smooth things over and acts as an incentive to continue cultivating hockey players. To ask more than 1 million when the other countries really have no leverage is asking a little too much though IMO.

All of this could be wrong, btw, but it is my best guess at the situation.
 

me2

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jekoh said:
Not only in Europe, this is the way it works in every country outside NA, in every sport. Even the Major League Soccer has to pay transfer fees to foreign clubs I'm sure.

A contract is a contract, I'd agree with that. Some might have escape clauses (ie you can get out if you sign with a better league etc) and some don't. Off contract it is fair game in many sports, sign with what ever club you want and no transfer fees or other restrictions.
 

kdb209

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Jan 26, 2005
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Saprykin said:
However, the NHL today is almost exactly the same organization - a player without a contract does not have a right to play for any other team until he is 27. Draconian rules? Probably not (age 31 wasn't either a few years ago). It's meant to help the poorer markets (which Russia is, compared to NA). You're forgetting that the NHL understands these positions like no one else, and yet barely gives its young players any freedom of choice of playing where they want to play. That starts in Major Junior, btw, this "tradition." Isn't THAT ironic? You're advocating for Malkin to "do whatever he wants", i.e. "play for Pittsburgh", when it might not even be the team he wants to play for. Does he have a say in it? No...
Yeah, I know what you wanna say.. "It' not same." Well, it's not. There's a degree of similarity, though.

NHL teams have the right to decide the futures of players they draft. Why can't Russian clubs decide futures of players they develop?
Actually no they don't. Drafting a player does not give a team "the right to decide the futures of players they draft". Nothing forces that player to play for that NHL team - they are free to sign with any team in any league or country in the world - just not in the NHL. If the Russian clubs said "You play for team X or you don't play in the RSL" then things would be equivalent.

And there is one big fundamental difference between the restrictions of the NHL draft and the Russian ownership of players - all the terms of the draft were bargained and agreed to by the players in the CBA. Absent a CBA, the draft, reserved lists, RFAs, salary caps, etc would all be illegal restraints of trade under anti-trust law, It is the fact that the players union agreed to those terms that they are legal.
 

kdb209

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Jan 26, 2005
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Smail said:
An employer from a foreign country trying to prevent someone from working within the US would never win in court (it would be akin to enslavement), not according to US labour laws, which would be used in such a case.

Russian laws don't apply in US courts. The best Magnitogorsk could do would be to put pressure on the government for an extradition of Malkin, otherwise there's absolutely no chance of preventing him from playing in the NHL, despite their contracts.
No US court could force specific performance of Magnitogorsk's contract and make Malkin play for them. The best they could hope for in US courts is either a civil judgement for damages due to breach of contract (possible) or an injunction to prevent him from signing with Pittsburgh (unlikely).

This was hashed out ad infinitum on the BoH boards, and the consensus from the lawyers was that any injunction was very unlikely, since the remedy of civil suit for damages was available, but it would be up to Magnitogorsk to prove specific monetary damages - specific lost revenues or quantifiable reductions in the value of the team - and given the relatively low amount of revenues actually generated by an RSL team, a large damage award would be very hard to uphold.

And this is purely a civil court matter. No criminal laws have been broken. Extradition is a complete non issue here.

One issue I brought up over there, but never saw an answer to is this - when did Malkin sign his contract, and how old was he when he signed it. It is very unlikely that a US court would uphold a contract signed by a minor or a contract signed by his parents/guardian that placed any restrictions on him after reaching legal age.
 

jekoh

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Jun 8, 2004
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kdb209 said:
And there is one big fundamental difference between the restrictions of the NHL draft and the Russian ownership of players - all the terms of the draft were bargained and agreed to by the players in the CBA. Absent a CBA, the draft, reserved lists, RFAs, salary caps, etc would all be illegal restraints of trade under anti-trust law, It is the fact that the players union agreed to those terms that they are legal.
Those restrictions may be legal in the USA but they simply do not exist in Europe.
 

Kirk Muller*

Guest
jekoh said:
Most of the 500 best players. Malkin for instance is definitely one of the 500 best players.

Jörgen Jönsson (famous SELer although probably not the best) is worse than even the worst NHL player ? Based on what ??

Do you not understand my point ?

Of the best 500 players in the world, the NHL probably has 490 of them. It's the most competitive league in the world. Swedish club teams would not stand a chance against them over the course of an 82-game season.

I know all about Jorgen Jonsson who decided to go back to Sweden. He's an exceptional exception. If you've worked so hard all your life that you are actually a top-500 world player, and that you have the chance of playing against the best players in the world in the most competitive league in the world, the vast majority of players are so competitive and have worked so hard that they won't blink twice before taking it. Jorgen Jonsson decided not to, and that's fine. And BTW, I said the top-500 players in the world. In the NHL, there's over 700 players (30 teams X 23 players). I have no doubt that there are players in European leagues that could compete with the bottom 200, but there's very few who could match up with the best 500.

And anyway, the last time we heard Europeans crowing about 'the best player not in the NHL', we were treated to the glorious feats of Jiri Dopita who stunk it up in Philadelphia and Edmonton before heading back.
 

jekoh

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Jun 8, 2004
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Kirk Muller said:
Swedish club teams would not stand a chance against them over the course of an 82-game season.
You're entitled to your opinion but that remains to be seen.

Kirk Muller said:
And anyway, the last time we heard Europeans crowing about 'the best player not in the NHL', we were treated to the glorious feats of Jiri Dopita who stunk it up in Philadelphia and Edmonton before heading back.
McCabe couldn't even make an SEL team.
 

Kirk Muller*

Guest
First, let me make something clear. If Malkin has entered into a voluntary agreement to play the 06-07 season for Metallurg, then I completely agree that Metallurg should be entitled to compensation for the breach of contract that will occur when Malkin leaves for Pittsburgh.

(However, there is a lot of confusion about the nature of Malkin's contractual obligations to Metallurg. According to some, a Russian hockey contract can be cancelled like any other contract (give a 2-week notice of resignation and then you're done). According to Jaded-fan, Malkin and Metallurg had a verbal agreement that he could go play in the NHL. etc, etc.)

Second, I think it's a good idea that there be a payment system for transfers from bad teams (Russian club teams) to good teams (NHL teams) even when there's no contract that binds them. It will help offset the losses for the Russian teams who happen to develop a player who becomes too good for them. And for the NHL teams, it will ensure that they can draft Russians in tranquility of mind, in knowledge that there is a mechanism in place to ensure the systematic and predictable transfer of players for a small fee, with no surprises and no uncertainty. Everyone will win. The Russian teams have no right on their players beyond their contracts (and even that is unclear) so whatever they would receive is purely out of the self-interested goodwill of NHL teams.

The point on which I disagree with you, is your insinuation that since Metallurg has been kind to Malkin by investing in his development, this gives them the right to decide his future and to impose restrictions on where he can play.

Saprykin said:
But this is the simple business austerity that will screw Russian hockey for years to come. If you make an investment all your life and barely get anything in return, there's no point in making another investment.
No, top clubs like Osmk, Dynamo and Metallurg will keep recruiting and developing players because it's in their best interest and because that's how they can compete over the long term. They're not going to stop just because of the off-chance that every few years, there's going to be a player who might leave for North America. And in any case, this point is moot. There will be an agreement at some point. If there isn't, then players like Ovechkin will just leave and clubs like Dynamo won't get a single red penny. So the Russian clubs have all the incentive in getting an agreement signed, because they have no leverage over players like Ovechkin and Malkin, who can simply board a plane for NA.

Saprykin said:
You say "they didn't have to do it", "it was their choice." Okay, fine. It was their choice to invest money in Malkin to get one good competitive season out of him, and then see him go to America where his fate (within the NHL, that is) will be decided by people who'll want to exploit him even more. NHL means business. Pittsburg obviously wants to make money off of Malkin, more than Metallurg should ask for and will ask for. But it's the Russian clubs that we call greedy, riiight.
Oh please. Don't be ridiculous. Russian NHL players aren't exploited. This isn't the '50s. They are protected by a powerful union and are represented by elite attack-dog agents like Pat Brisson and Don Meehan who fight for every dollar they can get from the team. Seriously, don't tell me that poor Sergei Fedorov and Alexei Yashin are being exploited by mean North Americans. :biglaugh:

And yes, when Russian teams recruit top 13 year-olds, they are fully aware that those players might one day leave to play against the best players in the world in the best league in the world (i.e. the NHL). They are fully aware of the risk they are taking. There should be no crying over that. It's a risk they take voluntarily.

Saprykin said:
From the contractual point, yes, it gives them zero rights. And I think that it shouldn't be like that. Russian hockey works like European soccer. I don't like it, but Russia is not a country wherein kids play sports just for recreation and wherein parents can easily afford to get a kid through the leagues. This is a sad reality. But applying the "American model" to Russia will screw Russia because Russia doesn't have the societal and legislative backbone that Canada and United States so fortunaly possess. There will be less Malkins simply because there will be NO POINT in making them; and the way Crosbys are made in North America will not apply to Russia.
This is basically the crux of where I disagree with you. I believe very much in the individual rights of people like Malkin to live and work where they want to, free from the constraints of previous employers. You believe that if you're generous towards someone, that gives you the right to force him to work for you. Basically, my view is right and yours is completely wrong.

It's not about which country is better, or where he'll make more money, it's about whether he has the right to make a free choice of where to live and work, and he does. Unfortunately, you believe that since he benefited from Metallurg's generosity, he is binded to them by ties of servitude and he must do what they want. You are wrong.

Rationales about how Russian hockey will suffer are irrelevant. Individual human rights must always trump nationalistic concerns. This is not about Canada versus Russia. It's about a man's right to choose where to work versus people like you who want his future to be decided by former clubs.

Saprykin said:
Difference was that he was out of contract. Then Dynamo went and said he actually signed another contract with them last summer, so he should come back. I really don't know if he did or not, so I don't wanna comment on it. I thought you were aware of the situation.
A Russian arbitrator determined that he had a contract to fulfill with Dynamo for the 2005-2006 season. He didn't fulfill it. He took a flight and went to Washington. Dynamo didn't get a single penny in compensation for him. So tell me why it is that you support his move but not Malkin's ?

Saprykin said:
You say what you really have no way of knowing, though. Just something fun to write down and piss people off.
I write about nationalistic expatriate youths because they are the ones in which I encounter this type of demented, fanatic patriotism, much more so than among the adults. The young guys like you, who have lived in the comfort, security and wealth of North America for the past decade, are the ones who think the interests of Russia trump everything, who denigrate Ukrainians, who long for the good old days of Stalin, and who think that Malkin should not be allowed to play in the NHL unless Metallurg gives him permission. I'm not saying that that's you in particular. I'm saying that this type of nationalism seems much more prevalent among young expatriates than among adults.
 
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Zine

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Kirk Muller said:
Do you not understand my point ?

Of the best 500 players in the world, the NHL probably has 490 of them. It's the most competitive league in the world. Swedish club teams would not stand a chance against them over the course of an 82-game season.

The NHL certainly has the best top-level talent, but to say the NHL has the top 500 players is just ridiculous. Many 3rd/4th line NHL grinders would be riding the pine if they played in Europe.

It is a different game over there. You obviously didn't pay attention to how NHLers did during the lock-out. Many (including several elite talents) were outscored and outperformed by your so called 'no name' players. Heck, look at the Russian League last year - they had a ton of NHLers playing. Yet, 7 of the top 11 scorers (including the top 6) were all non-NHLers.

As someone already pointed out, McCabe was nothing but a pylon on the ice in Sweden and was cut;
Lecavalier was mediocre at best in Russia;
Heatley and Havlat scored a phenominal 4 and 2 points in 11 and 10 games in Russia also;
Chechoo went on a scoring tear and had 5 points in 20 games in Sweden;
Pavel Rosa outscored Ovechkin, Datsyuk, Kovalev, Kovalchuk, etc.
Hejduk was outscored by someone named Milan Mikeska;
I could go on and on and on.....

Point is, the NHL is the best league in the world but that doesn't mean all its players are - I can think of a ton of euro-league players that would rank in the top 500 NHLers.
 

Alessandro Seren Rosso

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Zine said:
The NHL certainly has the best top-level talent, but to say the NHL has the top 500 players is just ridiculous. Many 3rd/4th line NHL grinders would be riding the pine if they played in Europe.

It is a different game over there. You obviously didn't pay attention to how NHLers did during the lock-out. Many (including several elite talents) were outscored and outperformed by your so called 'no name' players. Heck, look at the Russian League last year - they had a ton of NHLers playing. Yet, 7 of the top 11 scorers (including the top 6) were all non-NHLers.

As someone already pointed out, McCabe was nothing but a pylon on the ice in Sweden and was cut;
Lecavalier was mediocre at best in Russia;
Heatley and Havlat scored a phenominal 4 and 2 points in 11 and 10 games in Russia also;
Chechoo went on a scoring tear and had 5 points in 20 games in Sweden;
Pavel Rosa outscored Ovechkin, Datsyuk, Kovalev, Kovalchuk, etc.
Hejduk was outscored by someone named Milan Mikeska;
I could go on and on and on.....

Point is, the NHL is the best league in the world but that doesn't mean all its players are - I can think of a ton of euro-league players that would rank in the top 500 NHLers.

You are definitely right. Great post. And Mikeska next year will play in Russia at Salavat Yulajev Ufa in Bashkiria
 

WalterSobchak

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jekoh said:
Therefore he CANT'T play anywhere he wants :shakehead

wow, at first I thought this might be a translation issue or that I wasn't being clear.
Yes, any NHL player drafted by an NHL franchise cannot just play for whatever NHL team they want until rules in the CBA allow them to be an unrestricted free agent and at this time they are free to play for whatever NHL team they would like.

If it pleases you, you are correct...but that is so far from the point as to be pointless.
 

WalterSobchak

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Kirk Muller said:
If Modo were to play in the NHL, it would finish behind Pittsburgh and St.Louis and Washington and Chicago. Far behind.

It is the arguement I always have with my father about X NFL team playing against X CFL team.

The advantage goes to what field is being used.

If Modo was on the bigger ice surface, most NHL teams would be sucking wind. Then again if Modo had to play an 82 game season, they might die before season's end.
 

WalterSobchak

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Saprykin said:
Unless his contract is deemed legitimate. Metallurg never said that they want a compensation just because they developed him. They want a compensation for his contract.

But this is the simple business austerity that will screw Russian hockey for years to come. If you make an investment all your life and barely get anything in return, there's no point in making another investment.

So which is it...is it compensation for the contract Malkin signed that Metallurg would want compensation for, or is it because they paid to develope him as a player. You say it is not the money they have spent developing, but then you jump right back into that arguement.

Parents of hockey kids in NA pay alot of money for a child's development, do they get compensated? Most likely yes, they reap the benefit of a child who does well in the NHL.

It gets to be a pretty slippery slope when it comes to the Russian system of player development. Would it help the NHL in the long run to compensate that system so that it continues to develop players that may come to the NHL, yes. The problem is when it comes to either side holding the other side over a barrell like this...you can't have a good "working" relationship that way.
 

BIGTRAIN*

Guest
kdb209 said:
No US court could force specific performance of Magnitogorsk's contract and make Malkin play for them. The best they could hope for in US courts is either a civil judgement for damages due to breach of contract (possible) or an injunction to prevent him from signing with Pittsburgh (unlikely).

This was hashed out ad infinitum on the BoH boards, and the consensus from the lawyers was that any injunction was very unlikely, since the remedy of civil suit for damages was available, but it would be up to Magnitogorsk to prove specific monetary damages - specific lost revenues or quantifiable reductions in the value of the team - and given the relatively low amount of revenues actually generated by an RSL team, a large damage award would be very hard to uphold.

And this is purely a civil court matter. No criminal laws have been broken. Extradition is a complete non issue here.

One issue I brought up over there, but never saw an answer to is this - when did Malkin sign his contract, and how old was he when he signed it. It is very unlikely that a US court would uphold a contract signed by a minor or a contract signed by his parents/guardian that placed any restrictions on him after reaching legal age.

Pals get a lawyer and ask him ( ONE THAT DEALS IN CONTRACT LAW NOT YOU BOY ). Specific performance is part of contract. They do this because they want the person not compensation. Hate to put a stinger in your butt but in a civil suit they can demand it unless he has a legal out and playing in the NHL is not a reason. The team would get an injunction not allowing him to play because damage done and the time it took to resolve would hinder the Russian team in its use of its assets. But the easiest way is to take his passport and put him in the military and no American court or the NHL could do a thing about it and the pens would still lose him.

Think what you want but the team and the Russian will get their pound of flesh or he stays in Russia. You have a problem with that take it to the United Nations Security Council and blow into the wind and see what that gets you. He WILL NOT BE HERE UNLESS THE TEAM AND THE RUSSIAN GOVERNMENT SAY HE CAN. NEXT
:banghead:
 

Jaded-Fan

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Mar 18, 2004
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SUPERFAN-1 said:
Pals get a lawyer and ask him ( ONE THAT DEALS IN CONTRACT LAW NOT YOU BOY ). Specific performance is part of contract. They do this because they want the person not compensation. Hate to put a stinger in your butt but in a civil suit they can demand it unless he has a legal out and playing in the NHL is not a reason. The team would get an injunction not allowing him to play because damage done and the time it took to resolve would hinder the Russian team in its use of its assets. But the easiest way is to take his passport and put him in the military and no American court or the NHL could do a thing about it and the pens would still lose him.

Think what you want but the team and the Russian will get their pound of flesh or he stays in Russia. You have a problem with that take it to the United Nations Security Council and blow into the wind and see what that gets you. He WILL NOT BE HERE UNLESS THE TEAM AND THE RUSSIAN GOVERNMENT SAY HE CAN. NEXT
:banghead:

I am an attorney Super, and the long and short of it is that you do not even get to those clauses, or any clauses, if the contract can be voided with two weeks notice. I linked an article quoting that part of Russian law and the problem that could cause absent an IIHF agreement, which you just blew right by and did not address. If there is a valid contract then yes, Malkin's team would have to be indemnified for any breach, by Malkin, not the Pens. The Pens did not sign anything with them. That is if they could successfully sue him in the states, which is another hurdle for his team. Often times the law has two levels to it. The legalities and realities. Even if you have a legit case against someone the reality may be that it is unenforcable or may cost you too much to persue. There are many layers that could go against the Russian clubs in this. Hell, 'airtight' cases fail all the time once tried not just in this area of law. To say definitively otherwise, and to ignore all evidence presented to the contrary, just is incorrect.
 

BIGTRAIN*

Guest
Jaded-Fan said:
I am an attorney Super, and the long and short of it is that you do not even get to those clauses, or any clauses, if the contract can be voided with two weeks notice. I linked an article quoting that part of Russian law and the problem that could cause absent an IIHF agreement, which you just blew right by and did not address. If there is a valid contract then yes, Malkin's team would have to be indemnified for any breach, by Malkin, not the Pens. The Pens did not sign anything with them. That is if they could successfully sue him in the states, which is another hurdle for his team. Often times the law has two levels to it. The legalities and realities. Even if you have a legit case against someone the reality may be that it is unenforcable or may cost you too much to persue. There are many layers that could go against the Russian clubs in this. Hell, 'airtight' cases fail all the time once tried not just in this area of law. To say definitively otherwise, and to ignore all evidence presented to the contrary, just is incorrect.
A player with a contract is not the same as an ordinary worker or there would be no need to have a contract. But what you fail to see is that the team still has recourse and that is to have the Russian government put him in the military.Get around that and if you cannot not he stays in Russia and the pens lose all his rights.

And one thing further never said is would be against the pens anywhere and as long as he has a valid contract with that Russian team the NHL will not allow the pens to sign him. And if they did it would end all contacts with the european players because they would void all transfer agreements. Also no contract with any team would be safe because you just made it possible to buy out other teams contract for the best teams. Further along that line what would happen if the rich teams overseas desided to raid NHL teams and offer more money and have them leave the league.What you are asking for is total destruction of contracts and the league. Next
 

Timmy

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Feb 2, 2005
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SUPERFAN-1 said:
Further along that line what would happen if the rich teams overseas desided to raid NHL teams and offer more money and have them leave the league.What you are asking for is total destruction of contracts and the league. Next


We'd make the players join our military, with their assignments being on SeaKing helicopters.

They'd play for the NHL minimum, guaranteed. :)
 

Sammy*

Guest
SUPERFAN-1 said:
Pals get a lawyer and ask him ( ONE THAT DEALS IN CONTRACT LAW NOT YOU BOY ). Specific performance is part of contract. They do this because they want the person not compensation. Hate to put a stinger in your butt but in a civil suit they can demand it unless he has a legal out and playing in the NHL is not a reason. :
Pal, I'm a lawyer & you need to get a clue. Courts will not grant specific performance in employment/personal services contracts. They may grant injunctions, but it is very difficult. Generally, the Courts look to damages as the proper recourse.
 

PatrickRoy

Registered User
Oct 10, 2005
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:banghead:
Unless one of you has privy to Malkins contract and are vest in Contract/International law, None of you know what there talking about.
Jeez stop trying to outdo each other w/ your job titles and the " Iknow/I do this"
Your wasting time and it is all pure speculation.

Lets get back to talking about hockey :snide:
 

HandshakeLine

A real jerk thing
Nov 9, 2005
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SUPERFAN-1 said:
A player with a contract is not the same as an ordinary worker or there would be no need to have a contract. But what you fail to see is that the team still has recourse and that is to have the Russian government put him in the military.Get around that and if you cannot not he stays in Russia and the pens lose all his rights.

Yeah, ask the Russian Military how that Zherdev thing is working out for them. :banghead:
 

Sammy*

Guest
PatrickRoy said:
:banghead:
Unless one of you has privy to Malkins contract and are vest in Contract/International law, None of you know what there talking about.
Jeez stop trying to outdo each other w/ your job titles and the " Iknow/I do this"
Your wasting time and it is all pure speculation.

Lets get back to talking about hockey :snide:
I have no idea what is in Malkins contract. I do not know of a jurisdiction that grants specific performance of employment/personal services contracts.
Thats the only thing I took issue with.
 

Jaded-Fan

Registered User
Mar 18, 2004
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PatrickRoy said:
:banghead:
Unless one of you has privy to Malkins contract and are vest in Contract/International law, None of you know what there talking about.
Jeez stop trying to outdo each other w/ your job titles and the " Iknow/I do this"
Your wasting time and it is all pure speculation.

Lets get back to talking about hockey :snide:

I said as much. None of us know how this will play out, including anyone with expertise in Russian contract law, until it plays out in the courts. However, at least in the article that I linked, there is some consensus opinion that the RSL is on some shakey ground if this does end up in the courts with his club trying to force Malkin, not the Pens, to reimburse them for breach of contract. They are on shakey ground apparently because of certain Russian employment laws. Not my opinion but the opinion of those linked in the article.
 

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