APPEAL ONE

International Team Trials: Round Two, Segment Four, June 1, 1997.

Board 90 Both vul Dealer East WEST	NORTH   9 8 2   Q 7 4   A 4   A 9 8 6 5	EAST
K Q 10   10 6 5   J 10 7   Q 10 7 3	SOUTH	A J 6 3   3   K 8 5 3 2   K 4 2
	7 5 4   A K J 9 8 4   Q 9 6   J

WEST	NORTH	EAST	SOUTH
Hugh Ross	Sam Lev	Mike Lawrence	Brian Glubok
-	-	1	2(1)
Pass	3(2)	All Pass

(1) Multi-type: Weak two-bid in either major (2) Pass or correct Facts and testimony: South's 2 bid was Alerted on the S/W side of the screen, but not on the N/E side. East led a low diamond which permitted the contract to make with an overtrick; N/S plus 170. At the end of the play E/W summoned the Director and informed him that they believed that N/S were playing an illegal convention which caused the contract to be declared from the other side of the table. The Director informed E/W that the 2 convention was Mid-Chart, and therefore legal, but that it did require a pre-Alert which had not been given. (The 2 bid itself was not Alertable.) The side of the table that the contract was declared from was therefore not an issue. He further informed East that if he felt that his defense (in particular, his opening lead) had been affected by N/S's failure to pre-Alert, he would have to demonstrate specifically how the infraction caused the damage. At that point East let the matter drop, saying that maybe he wasn't damaged. No score adjustment was made by the Director. After the comparison, and a discussion of the board in question with their teammates (and captain), the E/W team decided that there was likely damage to East's choice of opening lead from N/S's failure to properly pre-Alert their convention. The Director was notified, and the matter was referred directly to appeals for adjudication. In further testimony E/W claimed that a diamond was led under the belief that dummy (South) was likely to be short in the minors (East assumed that 2 had been Michaels) and that the risk of the lead "blowing a trick" was therefore minimal. It was further contended that, had East been informed of the bid's actual meaning, he would have placed South with more minor-suit cards, which would have made a minor-suit lead more risky and a heart lead more attractive (as a "less-risky" alternative). East was quite forthcoming in stating that he could not say for sure that he would have led a heart had he been given the proper information, but he felt that he might have. Decision: N/S were clearly at fault for not properly pre-Alerting their convention, as required. Since there was some chance (it was "at all probable") that this could have contributed to their gaining an overtrick, their score was changed to 3 making three; plus 140. As for E/W, while their arguments had some merit, there were reasons for East to have led a heart as it was. The correct information might have substituted some new reasons for some of the existing ones, but it was not demonstrated that a heart lead would have been made significantly more attractive (a more "likely" result) than it already was. Therefore, the result at the table was permitted to stand for E/W; minus 170. The adjusted scores were then compared with the result at other table. The Woolsey (E/W) team's imp score was unaffected, while the Katz (N/S) team's score was reduced by 1 imp. These were then averaged, resulting in a net 1/2 imp reduction in the Katz team's imp score.

APPEAL TWO

International Team Trials: Bracket A Finals, Segment Two, June 6, 1997.

Board 22 E/W vul Dealer East WEST	NORTH   Q J 9 7 3   2   10 4 3   K 7 6 3	EAST
8   K Q 10 4 3   J 7 6 5   A 10 5	SOUTH	A K 10   8 7 5   A K Q 8   Q 9 2
	6 5 4 2   A J 9 6   9 2   J 8 4

WEST	NORTH	EAST	SOUTH
Lew Stansby	Nick Nickell	Chip Martel	Dick Freeman
-	-	1	Pass
1	1	2NT(1)	Pass
3(2)	Pass	3(3)	Pass
4(4)	Pass	4(4)	Pass
4(4)	DBL(5)	RDBL(6)	Pass
6	All Pass

(1) Significant spade values or a positional advantage for declaring notrump (2) Checkback, showing 5+ hearts (3) Three-card heart support (4) Cue-bid (5) Alerted by N to E as "don't lead spades"; not Alerted by to W (6) Spade ace Facts and testimony: South led A and a heart for a quick minus 100 for E/W. The Director was called to the table at the end of play when West learned that North's double of 4 meant "don't lead spades." E/W stated that, had West known that North's double suggested weak spades, and further made a club lead through West's ace more likely, he might have guided E/W toward a 5 contract rather than the 6 "choice-of-slams" call he actually chose. The Directors ruled that E/W might have played in 5 had West been properly Alerted, and adjusted the contract to 5 by West making five, plus 650 for E/W. N/S appealed this ruling. E/W testified that, assuming North's double showed spade values West placed East with less spade wastage and at least one extra helpful card in hearts or clubs. In contrast, North's double actually made it more likely that East held significant spade wastage. Had he been given this information West had several more attractive options available to him: a simple sign off in 5 (having already made two slam overtures, the second taking his partnership past game); or a 4NT bid (.I.), to elicit more information. In the latter case East, holding wasted spade values opposite West's known singleton, said he would have signed off easily in 5. As for the play in 5, after leading up to his K on the first round of the suit West would have reentered dummy and led up to his hearts a second time. Placing the A with North (more likely, given North's overcall) it would have been routine to insert the ten on the second round, leading to plus 650. N/S contended that, while E/W might have played in 5 given the proper Alerts, they might also have played in 5, 6 or 6. Both slams would certainly fail, and 5 might be in jeopardy on a club lead (although it would probably be made by this declarer). Even 5 might fail some of the time. N/S believed that it was too extreme to give E/W 100% of the best contract and play. Perhaps, N/S argued, they should be minus 650, but E/W did not deserve plus 650. Some weighted average of the possible results seemed to them to be more equitable. Decision: The Laws require only that the non-offenders show damage from the opponent's infraction, and demonstrate that without it they were reasonably likely to have improved their position. This the Committee believed E/W had done. While E/W's reaching 5 and making it was nowhere near certain, it was deemed to be both probable and reasonably likely. Since Law 12C2 specifies that a result meeting these criteria be assigned to both sides, both pairs were assigned the reciprocal results for 5 by West making five. It was noted that, had this event been contested under the newly enacted International Laws (and not just the North American version of those Laws), and in particular had the Committee been empowered to apply Law 12C3 (which is not approved for use in the ACBL), the assigned scores might well have been closer to the N/S pair's request.

APPEAL THREE

International Team Trials: Bracket B Finals, Segment Two, June 8, 1997.

Board 18 Dealer East WEST	NORTH   Q J 9 2   A 9 6   10 9   Q 10 4 3	EAST
10 6 4   K J 10 3   4   K 8 7 6 2	SOUTH	A 7   8 2   A K J 7 5 3 2   A J
	K 8 5 3   Q 7 5 4   Q 8 6   9 5

WEST	NORTH	EAST	SOUTH
Bob Hamman	Ralph Katz	Bobby Wolff	George Jacobs
-	-	1(1)	Pass
1(2)	Pass	1(3)	Pass
1(4)	Pass	2(5)	Pass
2NT(6)	Pass	3NT	All Pass

(1) Alerted: strong, artificial, 17+ unbalanced or 18+ balanced (2) Alerted: 6+ HCP, 0-2 controls (3) Alerted: 5+-card , or suit, 17-19 HCP (4) Alerted: by E as a 5+-card , or suit with 6-10 HCP; by W as a limited hand with any 5-card suit (5) Alerted: 5+ diamonds (6) Alerted: by W as 5+ clubs, non-forcing Facts and testimony: At the end of the auction North, before chosing his opening lead, turned to East and asked about West's 2NT bid. East shrugged his shoulders and indicated that it was natural. North further asked if East's suit could be diamonds, and East said "Yes, it could," but added that it was "unlikely." East also conveyed to North the impression (which he himself held) that West's suit might still be a major. Believing that West might hold a concealed spade suit, but also "knowing" that the one 5+-card suit West could not hold was clubs, North chose the 3 for his opening lead. When South played low on dummy's J declarer overtook with the king and played a diamond to the jack, eventually taking ten tricks for plus 430. At the end of the play South asked North why he had led declarer's "known" five-card (club) suit rather than a spade, thus exposing the different explanations on the two sides of the screen. The Director was summoned, North claiming that he had a clear spade lead without the misinformation. The Director ruled that the different explanations created doubt about E/W's true agreements and therefore constituted misinformation. Since this could have affected West's opening lead, the result was adjusted to 3NT by West down one, plus 50 for N/S. E/W appealed this ruling. From E/W's system notes it was discovered that West had, in fact, misbid. His actual sequence showed a notrump-oriented hand with five diamonds and 6-10 HCP. East, influenced by his seven-card diamond suit, thought it unethical to tell North that West's sequence showed diamonds when he deemed that virtually impossible (given N/S's silence in the auction with at most a single diamond in the combined N/S hands). He was thus sure that West had suppressed a weak five-card major in the auction (which he should have bid over 2, and which West testified he had never failed to do in the past), and communicated this to North without making it clear that it was an "interpretation" not based on the systemic meanings of West's bids. Unfortunately, the problem East sensed with West's bidding was not the one he expected. And equally unfortunately, the failure to explain the "meanings of West's bids according to their system" (he could then have added his own inferences, as long as he clearly differentiated the two) resulted in North being apprehensive about finding West with five spades and swayed him toward the tempo-deficient club lead. Decision: The Committee, after some confusion about what really transpired between North and East at the table, finally determined the above facts. They decided that there was misinformation, that the misinformation was sufficient to cause damage, and that the club lead, based on the information given, was not negligent to the extent that it would break the chain of causality between the infraction and damage. (In fact, the club lead was one which several Committee members themselves chose when first given the hand as a lead problem.) The score was adjusted for both pairs to 3NT by West down one (down two was considered, but rejected as requiring a misplay which would be "irrational" for this declarer), plus 50 for N/S.

APPEAL FOUR

International Team Trials: Bracket B Finals, Segment Five, June 9, 1997.

Board 67 Dealer South WEST	NORTH   Q J 8 7 5 2   10   A Q 3   J 7 6	EAST
9   Q 7 3   K 10 8 7 5   A 10 9 8	SOUTH	K 10 6 4   A J 5 2   J 9 6   Q 2
	A 3   K 9 8 6 4   4 2   K 5 4 3

WEST	NORTH	EAST	SOUTH
Ralph Katz	Nick Nickell	George Jacobs	Dick Freeman
-	-	-	Pass
Pass	2	Pass	Pass
DBL	Pass	3(1)	All Pass

(1) Alerted (only by West to South): constructive (2NT, Lebensohl, followed by 3 would have been weaker) Facts and testimony: As South was considering his call over 3 West tapped the Alert strip. South, perceiving the nature of the Alert, asked which would be stronger: 3 directly or 2NT followed by 3. West told him that this (3) was the stronger auction. South then passed. After North's final pass West asked across the screen whether East had Alerted North to his 3 bid. East replied that he had not Alerted the bid because he was not aware that they played Lebensohl in this situation (when they both were passed hands). South then called the Director, saying that he would have doubled 3 had he known that it was not, by definition, a strong bid. The Director asked that play continue, and 3 ended up down two, plus 200 for N/S. The Director ruled that there had been misinformation which could have affected South's call, and adjusted the score for both pairs to 3 doubled down two, plus 500 for N/S. E/W appealed this decision. West testified that the version of Lebensohl that was "standard" among the better players in his area of the country was that it applied even by passed hands, and that he believed that version to be in effect in this partnership. While he didn't remember this specific auction occurring in this partnership in the past, it must have occurred any number of times in their 7- year history, and had his partner treated Lebensohl as being "off" by passed hands on any of those occasions he is certain that he would have discussed it with him as being "on," since he has a strong theoretical orientation to that being the best way to play it. Therefore, he contended, the 2NT treatment must have been in effect in this auction and his Alert appropriate. Thus, it was his partner who had forgotten and misbid rather than he who had mis-Alerted. The E/W convention card was marked Lebensohl over preempts, but no mention was made of this variation (by passed hands). Decision: The Committee noted that they were obligated, by the ITT conditions of contest, to resolve any reasonable doubt about contradictory information on the two sides of the screen in favor of the non-offenders. Since there were no system notes to support the contention that 2NT applied in this auction, and since the player who bid 3 clearly didn't intend it to show extra values -- either from his cards or his failure to Alert -- the Committee decided that it was obligated to assume that there had been misinformation. Next, with respect to the non-offending side, the Committee determined that it was not "likely" that South would have doubled 3 given the correct information (no Alert). Therefore, N/S were assigned the score for 3 down two, plus 200. Finally, with respect to the offending side, in the Committee's opinion it was not even "at all probable" that South would have doubled 3 had there been no Alert. (The chances were estimated at less than 5%.) Thus, E/W were also assigned the score for 3 down two, minus 200.