WBF
CODE OF PRACTICE
FOR APPEALS COMMITTEES
FOREWORD
Anyone who takes an interest in these things will know that there
have been some unfortunate inconsistencies in well-publicized appeal
committee decisions in recent years. It was always a thorny subject.
As President of the World Bridge Federation I have been greatly
concerned by this, so recently I summoned to a meeting in Lausanne
a group of the Federation's leading opinion formers on questions
of Law, Regulation, and the conduct ofappeals. This, the WBF's first
Code of Practice for Appeal Committees, is theoutcome of their deliberations
and it is hoped it will quickly be adopted as standard worldwide
guidance. No-one suggests that the attempt will not be improved
upon, but the belief is that we should all learn something of its
operation in practice before it is the subject of an eventual review.
As time progresses it is our aim to build up a jurisprudence composed
of example appeal decisions which are seen as good portrayals of
the principles in the Code. These will form a gradually expanding
appendix to the text. The whole may be viewed as a serious effort
to take the lead where indeed the WBF should be leading.
The WBF extends an invitation to all, and especially to tournament
players, (a) to let us have opinions arising from practical experience
of the effects ofthe Code where it operates, and (b) to restrain
any tendency to blame appeal committees for players' lack of success.
The time and energy that many have devoted to this exercise deserve
a generous response from players, and the great rarity in Bridge
is the partnership that loses more points in front of the appeal
committee than it has thrown away in the course of not winning the
tournament.
José Damiani
President, World Bridge Federation.
The World Bridge Federation adopts the following standards as regulations
for the conduct of appeals from decisions of Tournament Directors
and recommends their adoption to each affiliated Organization.
Composition of Appeals Committees
It is considered that an appeal committee is ideally comprised of not fewer
than three members nor more than five. The World Bridge Federation ('WBF')
recognizes that there can be circumstances in which an appeal committee may
comprise one individual but regards this as unacceptable at international level
and to be avoided where possible at national level. It is for the sponsoring
organization or regulating authority to establish by regulation its decisions
in respect of these matters.Personnel
The view is taken that an appeal committee will incorporate a quota of strong
players together with other members considered to be of broad bridge experience
and to have a balanced objective approach to the decision making process. The
chairman of a committee should ensure that the strong players play a leading
role in questions of bridge judgement and that the other members of a committee
are influential in seeking a balanced judgement when applying law and
regulation to the bridge merits inherent in the facts as they appear to the
committee. It is desirable that at least one member of a committee should have
an insight into the laws of the game, but it is not that member's task nor the
function of the committee to establish what law is applicable and how it is to
be interpreted; these are matters to be enquired of the Chief Tournament
Director (i.e. 'The Director' to which Law 81 refers) or his nominee for the
purpose. The committee applies the given interpretation of the law to the facts
and circumstances of the case. For the recording of the process and the
decisions, together with the basis for them and relevant information, the WBF
recommends that each committee should have, or should appoint one of its number
to be, its Scribe.Withdrawal
A committee member who has prior knowledge of the subject matter of an appeal,
of a kind that may affect his objective participation, should recuse himself
from the committee and will preferably be substituted. In an international
tournament a committee member may decide to recuse himself because he feels too
closely involved, or feels he may be biased, or has discussed the matter with
interested parties, or has pre-decided the outcome. It is expected that
co-nationals of players involved in the appeal will constitute at most only a
small minority of the committee. Function of an Appeal
Committee
The committee is to hear and make judgement upon an appeal duly made as the
laws and the applicable regulations determine, from a ruling by a Director (in
person or by an assistant on his behalf). An appeal against a ruling may only
be made by a side present at the table where the ruling was given. No account
is to be taken of the interests of other contestants in the outcome. The
consent of any absent person is to be assumed when considering that:
- an appeal from a ruling in a pairs tournament must have the consent of
both members of the appellant side;
- in a team tournament the captain of a team may determine that an appeal
shall be entered notwithstanding the wishes of his players; where players wish
an appeal to be entered it requires the consent of their captain for this to be
done.
An appeal shall not be entertained if it does not have the consent required.
Appeals under Law 93B2 are to be heard by the committee and this has and may
exercise all or any of the powers of the Director in resolving them. Appeals of
questions of law or regulation are heard by the Chief Director; a further
appeal against his decision may be made thereafter to an Appeal Committee which
has no power to overturn the Chief Director's decision but may recommend to him
that he reconsider. The committee may recommend likewise to the Director a
review of any disciplinary penalty that he may have applied under Law 91A but
may not rescind or vary it (powers that it does have in relation to Law 90
penalties). An appeal committee does have the power to apply a disciplinary
penalty if the director has not done so and there is found to have been a
breach of the laws governing conduct that the Director has not penalized. The
WBF recommends the greatest restraint in exercising this power when the
Director has not done so and points to the possible alternative of admonishment
if a majority of the committee is strongly of the opinion that some action is
justified.
The duty of a committee is to hear the statements of the Director and the
players, to allow captains to speak thereafter if they wish, and to explore
with questions any aspects of the matter that a member wishes to clarify. The
Director who presents the facts and the ruling to the committee should be the
Director who went to the table. Evidence should be interrupted as little as
possible and committee members should carefully avoid direct exchanges of
opinion with other persons in attendance. A wholly courteous manner is fully as
essential in the committee members as in those appearing before them. In his
discretion the chairman may ask to see the appeal form prior to the hearing.
Decisions of Appeal Committees
No decision of an appeal committee is valid if not agreed, in the manner
described hereafter, by a vote of the participating members of the committee. A
participating member is one who has been present for the proceedings from the
commencement of the Director's statement through to the final vote taken at the
conclusion of the private deliberations of the committee. The Director's ruling
remains unaltered when there is not an agreement to change it supported by a
majority vote of the committee, the chairman having an (additional) casting
vote in the event of a tie.Appeal to 'national
authority'
Under the laws it is mandatory that arrangements exist for an appeal to be made
to the national authority from the decision(s) of an appeal committee. No
appeal to the national authority should be entertained if the prior stages of
ruling and appeal have not been pursued and exhausted. It is legitimate for the
national authority to set some limitation on matters that it will hear; it is a
widespread practice, commended by the WBF, that the national authority will not
review value judgements except where the appeal committee has made a judgement
that can have no basis in its findings of the facts of a case. Debatable
matters of law and/or regulation are valid questions for the national
authority.
At international level the WBF urges that arrangements be instituted for an
appeal to be considered against the decision of an appeal committee. However,
the nature of international tournaments is such that appeals of this category
should be restricted; it is suggested that to be heard such an appeal should be
certified by one of a small number of nominated senior and expert individuals
to be worthy of consideration. If this certificate is obtained it is
recommended that the appeal be heard by a joint meeting of, say, the Rules and
Regulations Committee with the Laws Committee under the chairmanship of the
President or of his nominee for the purpose. Where this procedure applies, as
for its own tournaments is henceforward the case with the WBF, the certifying
individual is empowered to dismiss the appeal if he/she does not find its
content appropriate for the attention of the joint committees.Score adjustment
The award of an assigned adjusted score (see Law 12C2) is appropriate when a
violation of law causes damage to an innocent side (although the extent of
redress to this side may be affected, see below, if it has contributed to its
own damage by irrational, wild or gambling, action subsequent to the
infraction). Damage exists when, in consequence of the infraction, an innocent
side obtains a table result less favourable than would have been the
expectation in the instant prior to the infraction.
If the damaged side has wholly or partly caused its own damage by irrational,
wild or gambling action, it does not receive relief in the adjustment for such
part of the damage as is self-inflicted. The offending side, however, should be
awarded the score that it would have been allotted as the normal consequence of
its infraction. A revoke by the innocent side subsequent to the infraction will
affect its own score but again the infractor's score is to be adjusted as
before without regard to the revoke.Law 12C3
This section of the laws operates unless the Zonal Authority elects otherwise.
It applies in WBF tournaments. The purpose of this law is to enable an appeal
committee to form a view as to what is an equitable outcome in the score, and
to implement that outcome, if it considers that the mechanical application of
Law12C2 does not produce a fair answer for one or both of the sides involved.
It makes the appeal committee the final arbiter of equity.
It is desired that Law 12C3 be amended to extend the powers it currently gives
to appeals committees also to Chief Directors. (This could be a zonal option.)
It is the function of the Director to make a ruling in a judgemental matter,
having consulted appropriately, that executes most accurately the intention of
the laws. The desire is that the Director shall not rule automatically in
favour of the non-offending side when he is in no doubt that a true judgement
requires him to rule otherwise. (The question of the law change is being
pursued.)Inclination of committee
The expectation is that each appeal committee will presume initially that the
Director's ruling is correct. The ruling is overturned only on the basis of
evidence presented. For this reason the Director must inform the committee if a
ruling in favour of the non-offending side reflects a margin of doubt that
continues to exist after the appropriate consultation procedure. Ethics
A contestant may only be penalized for a lapse of ethics where a player is in
breach of the provisions of the laws in respect of the conduct of players. A
player who has conformed to the laws and regulations is not subject to
criticism. This does not preclude encouragement of a generous attitude to
opponents, especially in the exchange of information behind screens.'Unauthorized information'
Any information used as a basis for a call or play must be 'authorized'. For
information to be deemed authorized there must be an indication from the laws
or regulations that the use of that information is intended. Authorization does
not follow automatically from a lack of prohibition.
Unless there is an express prohibition it is lawful to use information that is
given to the players for the procedures of the game, as described in the laws.
Also, information is 'authorized' when the laws state it to be so. A player is
permitted to make and use judgements about the abilities and tendencies of
opponents and about the inclinations ('style') of his partner in matters where
the partner's decisions are spontaneous rather than habitual or systemic. A
player's habitual practices form part of his method and his partner's awareness
of them is legitimate information; but such method is subject to any
regulations governing partnership agreements and to the requisite disclosure.
Habit is to be identified when an occurrence is so frequent that it may be
anticipated. Not to disclose knowledge of partner's habits and practices is
contrary to Law 75A and where this is the case it is a violation of Law 40 (and
thus illegal) when the call is made.Use of unauthorized
information
If a player has knowledge that it is illegal or improper to use in choosing a
call or play this knowledge is referred to as 'unauthorized information'. Such
information may be obtained in any one of a number of ways. If it does not come
from the player's partner the Director is instructed how to deal with it in
Laws 16B and 16C. Law 16C deals with information from withdrawn calls and
plays; these include calls and plays withdrawn by partner. Other information
received from partner is the kind that is most likely to be the subject of an
appeal.
It is legal for a player to base a call or play on information from prior legal
calls in the auction or from plays on the hand, from mannerisms of opponents,
or from any other source authorized as already stated. Any information obtained
from partner otherwise is unauthorized and it is illegal to use it if it
suggests a call or play. This includes any information that eases the choice of
a call or play.
Examples of partner's actions that may convey unauthorized information are:
- a remark or question;
- the answer to a question;
- special emphasis or tone of voice, or a gesture;
- attention to an opponent's convention card at a significant moment when it
is not partner's turn to call or play;
- examining opponent's convention card when dummy;
- a significant hesitation or undue haste when calling or playing a card;
but these are not the only ways in which unauthorized information may be
transmitted and appeal committees will come across various other means that are
not lawful.
When use of unauthorized information made available by partner is alleged there
are four key questions for the appeal committee:
- Does the accused player have unauthorized information in consequence of an
action by his partner?
- Could the unauthorized information be thought to suggest demonstrably the
action that was taken by the player who possessed it?
- Were there logical alternatives (or was there a logical alternative) that
the player could have selected in place of the action that is questioned?
(A 'logical alternative' is a different action that, amongst the class of
players in question and using the methods of the partnership, would be given
serious consideration by a significant proportion of such players, of whom it
is reasonable to think some might adopt it.)
- Have opponents been damaged in consequence of the player's action when in
possession of the unauthorized information? Damage is assessed in terms of the
score obtained.
If the answer to each and every one of these four questions is 'yes' it is
appropriate to adjust the score but not otherwise. It is important to keep in
mind which member of the partnership has the unauthorized information and to
consider only that player's actions when following the path to a judgement. A
player who, without design, makes unauthorized information available to his
partner does not commit an infraction of law or propriety; it is the use of
that information that is a breach of the laws.
If it is shown beyond reasonable doubt that a player has intended to act in a
way that will give unauthorized information to his partner, the Chief Director
should be consulted as to the provisions of Law 73B1. If it is proven that such
action has been prearranged with partner the committee consults the Chief
Director concerning Law 73B2.Discrepancies between
explanations given and the related hands
Where the same explanation of a call is given to both members of the opposing
side, it being subsequently confirmed that both members of the side giving the
explanation agree this is its correct meaning (and there is no conflict with
information on the convention card), if the hand to which the explanation
relates is materially different from the explanation the matter should be dealt
with under the laws and regulations concerned with psychic action.
If the members of a partnership offer differing explanations, or if a
conflicting statement on the convention card has caused an opponent to be
confused, a procedural penalty for violation of Law 75 may be applied. As a
separate issue, the score will be adjusted if opponents are damaged and the
conditions for score adjustment are deemed to exist. (See earlier statement on
score adjustment and also later statement on procedural penalties.)Psychic calls
Definition of Psychic Call: "A deliberate and gross misstatement of honour
strength or suit length". A psychic call is lawful if not based upon a
partnership understanding. No penalty or score adjustment may be awarded
against such lawful action. A partnership understanding exists if it is
explicitly agreed by the partnership; alternatively it may exist because it is
the implicit consequence of one of a number of circumstances. To deem that such
an implicit understanding exists it must be determined that the partner of the
player who psyches has a heightened awareness that in the given situation the
call may be psychic.
This will be the case only if in the opinion of the committee one of the
following circumstances is established:
- similar psychic action has occurred in the partnership on several
occasions in the past, and not so long ago that the memory of the actions has
faded in the partner's mind - habit is to be identified when an occurrence is
so frequent that it may be anticipated; or
- in the recent past a similar psychic call has occurred in the partnership
and it is considered the memory of it is so fresh that it cannot have faded
from mind; or
- psychic calls of various kinds have occurred in the partnership with such
frequency, and sufficiently recently, that the partner is clearly aware of the
tendency for such psychic calls to occur; or
- the members of the partnership are mutually aware of some significant
external matter that may help recognition of the psychic call.
A psychic call which is found on the above basis to be a matter of partnership
understanding is disallowed and an artificial score adjustment may be awarded,
together with a procedural penalty to the offending side if deemed appropriate.
Players who are found to have any explicit agreement concerning psychic calls,
or an implicit agreement concerning a particular kind of psychic call, are to
be reminded that they have a partnership agreement that is subject to the
regulations established under the authority of Law 40D.Disclosure of psychic tendencies
A partnership may not defend itself against an allegation that its psychic
action is based upon an understanding by claiming that, although the partner
had an awareness of the possibility of a psychic in the given situation, the
partner's actions subsequent to the psychic have been entirely normal. The
opponents are entitled to an equal and timely awareness of any agreement,
explicit or implicit, since it may affect their choice of action and for this
reason the understanding must be disclosed.False carding
by defenders
Always provided that a true disclosure is made of the agreed meanings and
expectations of card plays by defenders, intermittent false carding by
defenders is lawful. Declarer then relies at his own risk upon his reading of
the fall of the cards. (See 'Unauthorized Information'.)'Special'
In the laws, regulations, and this Code of Practice, 'special' means
'additional to what is normal and general'.Action behind
screens
The intention of screens is to reduce to the minimum circumstances in which the
members of a partnership are mutually aware of any matter not part of the legal
auction. Players on the other side of a screen are not to be made aware of an
irregularity if it is rectified before the tray is passed under the screen. All
consequences of an irregularity so rectified are null save in relation to the
possibility that the screenmate of an offender may be misled by a conclusion
drawn from the occurrence. The offender may avert this consequence by a helpful
and adequate explanation to the screenmate.
The WBF considers it desirable that players should vary the tempo randomly when
returning the tray under the screen. Where North and South are the players with
next turn to call after the tray is received, these are the players who are to
be responsible for the movement of the tray. It is considered there can be no
implications if a tray returns after 15 seconds or less. This period may be
extended in the later stages of a complicated or competitive auction without
necessarily creating implications.
Attention is drawn to the distinction to be made in the tempo expected when
players encounter highly unusual situations generated by unfamiliar conventions
or treatments. Directors and appeal committees should be sympathetic to the
player who has to contend with such a situation.Procedural penalties
A procedural penalty may only be applied where there is a violation of the laws
or of a regulation made under the laws. If an appeal committee awards a
procedural penalty it should specify what law or regulation has been violated.
In particular the WBF wishes to stress that a player who forgets his
convention, misbids or misuses it, is not subject to automatic penalty. It is
envisaged that a procedural penalty will only be applied in aggravated
circumstances, as for example misuse several times repeated. Score adjustment
is the way to redress damage.Reporting of
appeals
Before any report of an appeal is released for publication the chairman of the
appeal committee must be satisfied that it gives a satisfactory account of the
committee's proceedings and decisions. Decisions should be referenced with Law
numbers and it is highly important that the Chief Director or his nominee
confirm Law references.
Lausanne, 24th September 1999. |