B.06.5 – FIDE Arbiter Disciplinary Regulations
Article 1: Composition of ARB Disciplinary Sub-Committee:
1.1 The body in charge of disciplinary matters inside the FIDE Arbiters’ Commission (ARB) is called FIDE Arbiters’ Disciplinary Sub-Committee (DSC).
1.2 It consists of five members:
1.3 The DSC Chairman and other members of the DSC are nominated by the FIDE Council, upon proposal by the ARB Chairman after consultation with the other Councillors. Their term coincides with the term of ARB.
1.4 All DSC members shall be International Arbiters with category A, B or C, and represent different federations. At least 3 of the members shall have a legal background. They are not part of the FIDE Arbiters’ Commission (Chairperson, Secretary, Councillor or Member).
Article 2: Jurisdiction of the ARB Disciplinary Sub-Committee and Admissibility of Complaints
2.1 The DSC shall exercise jurisdiction over all FIDE licensed arbiters as FIDE family members, as defined below. The term “arbiters” also covers accredited lecturers for FIDE seminars for these regulations.
2.2 The DSC shall only consider complaints and reports received which meet the requirements for the admissibility of complaints and reports as set out in these rules.
2.3 The DSC has no power to investigate breaches of these rules on its own initiative, but can decide a case only after receiving it from ARB.
2.4 All complaints concerning the conduct of arbiters shall be referred to ARB, which shall provisionally decide whether the complaint is admissible or not. The question of admissibility shall be decided by the majority of the voting members of ARB. In the event the complaint is ruled inadmissible, the complainant will be informed accordingly and the matter will be regarded as closed. If the complaint is ruled admissible, it will be referred to DSC for investigation and decision; or to the Ethics & Disciplinary Commission (EDC) directly if the alleged breach is of a serious nature which, in the view of ARB, may attract a punishment of a ban longer than 18 months in the case of a first offender, or 24 months in the case of a repeat offender, or in other cases where ARB deems it unsuitable for the matter to be dealt by DSC first.
2.5 In the case of direct referrals to EDC, ARB will act as the nominal complainant in front of the EDC, representing the general interest of FIDE. ARB will in such cases first refer the complaint to DSC for investigation and will send the DSC’s report together with ARB’s recommendation to the EDC.
2.6 Complaints are receivable from one or more of:
2.7 These rules shall apply in respect of any and all conduct forbidden in these rules if performed by an arbiter and such conduct takes or took place on an occasion in one of the following spheres:
2.8 The alleged misconduct must have been committed during the course of a period of no more than five (5) years immediately preceding the date on which the complaint or report is received by FIDE or a competent FIDE organ commences its investigation in instances of fraud, corruption and cheating, and no more than three (3) years preceding such date in all other instances. Provided that ARB will not receive and act upon a complaint if the complainant was aware, or should reasonably have been aware, of the relevant facts for a period of more than nine (9) months before lodging the complaint.
Article 3: Offences
3.1 Administrative Offences
3.2 Offences Causing Reputational Harm
3.3 Offences Involving Dishonesty
3.4 General Misbehaviour
3.5 Not Fulfilling Obligations
3.6 Technical Breaches
Article 4: Sanctions
4.1 There are three levels of sanction available to DSC:
Article 5: Procedural Rules
5.1 Register of Cases
All complaints and reports concerning violations of the Arbiters disciplinary regulation shall be addressed to the Arbiters Commission (ARB). A Register of Cases is set up at the ARB, and will contain all cases, whether sanctioned or otherwise, for 10 years. ARB will provide the FIDE Office with the final written decision of DSC.
The working language of DSC is English. All documents should be submitted in English.
5.3 Notifications and Communications
All notifications and communications that DSC intend for the parties shall be made through the DSC Chairman. All communications that the parties intend for DSC shall be made through the DSC Chairman.
5.4 Rights of the Parties
Each person charged with a violation of the Arbiter Disciplinary Regulations has the right to be informed in writing (whether by letter, e-mail or otherwise) of the pending case before the final decision of DSC and has the right to present to DSC materials and documents in support of their position. Each person has the right to be represented by a FIDE-licenced arbiter or an attorney.
5.5 Submissions of Documents and Clarifications
5.6 Written Procedure
The submissions to DSC must be in writing. No party has a right to ask for oral hearing.
Article 6: Appeal Process
6.1 The unsuccessful party, whether complainant or respondent, has the right of appeal to FIDE Council.
6.2 Such right to appeal against the decision of DSC must be exercised within 15 calendar days from the date on which the appealable decision is communicated to the party concerned. It is not possible to extend of the time to bring an appeal.
6.3 An appeal should be delivered to the DSC Chairman and the payment of an appeal fee of 300 € shall be made to the FIDE Accounts Department. The DSC Chairman delivers the appeal to the other party, which is allowed to submit materials within 15 days. The DSC Chairman is responsible for submitting the appeal with all materials to the appellate body.
6.4 The appeal will be decided based upon the statements filed before the DSC, together with the DSC’s decision and appeal documents referred to in 6.3. In addition, the appellate body has the right to make procedural rulings and make any enquiries of the parties it considers necessary to decide the appeal.
6.5 The appeal fee should be returned to the appellant if the appeal is at least partially successful.
Article 7: Other Matters
7.1 All final decisions of the ARB DSC and appeals decisions of the ARB or EDC shall be published on the FIDE ARB website in the section reserved for the DSC, unless the DSC Chairman rules that there are good reasons not to publish the decision at all. The decision concerned should be published in redacted form and the identity of any party to the proceedings should be kept secret in the published decision.
7.2 The FIDE Office shall keep all correspondence received from complainants, respondents, ARB or DSC.
7.3 In the event of a suspension being imposed against an arbiter, an appropriate entry will be made against the name of the arbiter concerned on the FIDE Rating Server in order to render the suspension effective.
7.4 People who are presently sanctioned by the FPL, EDC or DSC are ineligible to be a member of DSC.
Article 8: Coming into Force
8.1 These rules come into effect on 01/02/2023 and are applicable to all facts occurring and all violations under these rules committed on or after that date.
8.2 Offences committed prior to these rules coming into effect will be subject to the FIDE Arbiter Disciplinary Regulations in force at the relevant time, unless all parties to the DSC proceedings agree to submit themselves to the provisions of these rules.