A Malkin Question

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A Malkin Question

Postby Henry Hank on Thu May 11, 2006 6:27 pm

I want to know what would happen in this situation. We know that Malkin absolutely wants to come to the NHL this upcoming season. He said it before last season, and he hasn't changed his tune throughout the year. He seems to be set on coming to the NHL, and even more seems to be expecting it. Now, let's say by some chance a transfer agreement isn't worked out before this season. What could the Russians do if Malkin just leaves the country and comes to America anyway? Could he really be forced back to Russia and forced to play for his team?

I'm not saying I'd expect this to happen, I'm just wondering what could be done if this did take place. I can't imagine Malkin wanting to be held prisoner in Russia when he wants to play in the NHL, especially when he already spent an extra year over there.
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Postby Vanbiesbrouck on Thu May 11, 2006 6:35 pm

If there is no agreement and he leaves, then that's what he does. He would be held responsible for whatever contract he may or may not have remaining for his Russian team. I don't think he would want that on himself, and the Pens aren't in a position to negotiate a buy out on an individual basis from what I've heard of the Magnito owner's demands.

If Malkin were to leave, it would be on him and him alone. Depending on what you believe or don't believe of the stories involving Bure, the mafia, etc, this might not be the best situation for Malkin or his family, etc...
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Postby elij21 on Thu May 11, 2006 6:38 pm

Look what happen with Ovechkin, He sign a contrat with a russian team ( forgot the name, not Dynamo) and when the NHL/CBA got an understanding he left for America. The team went to court with Caps for Ovechkin rights but could't do anything and the judge close the case. If Malkin decides to leave and breaks the contract and signs one with pitsburgh. . I don't know the whole details cux I aint no lawyer but the team can bring pitsburgh to court but they will lose because you can't force someone back to russian also pitsburgh has the rights of Malkin because they drafted him and if he sighs a contract.
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Postby Tomas on Thu May 11, 2006 7:05 pm

elij21 wrote:Look what happen with Ovechkin, He sign a contrat with a russian team ( forgot the name, not Dynamo) and when the NHL/CBA got an understanding he left for America. The team went to court with Caps for Ovechkin rights but could't do anything and the judge close the case. If Malkin decides to leave and breaks the contract and signs one with pitsburgh. . I don't know the whole details cux I aint no lawyer but the team can bring pitsburgh to court but they will lose because you can't force someone back to russian also pitsburgh has the rights of Malkin because they drafted him and if he sighs a contract.


Unfortunately, what you wrote did NOT happen! It was Dynamo Moscow that went to the court with Capitals *after* Ovechkin left them and signed a new contract with Avangard Omsk. Dynamo's position was that they, in effect, exercised an option on Ovechkin's contract by matching the salary Ovechkin got from Omsk (which was a position the court disagreed). Their position was much weaker than the position of an employer with an undisputable contract (which would be the case of Magnitogorsk and Malkin). The nice explanation of Ovechkin's case is here:

http://www.thefourthperiod.com/news/was060131.html
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Postby Henry Hank on Thu May 11, 2006 10:58 pm

So if there's no agreement and Evgeni decides to flee Russia for America, can he be forced to go back to Russia and play? Or what if he stays in Russia but refuses to play for his team? I just think that Malkin's side in this is not talked about enough. Why would he want to be held prisoner in Russia when he really wants to be in the NHL? Is it really worth it for his club in Russia to try and extort all this money out of the Pens if it's going to upset Malkin?

I guess the potential of action from the supposed Russian mob could deter Malkin from doing anything like this, but I kind of find it hard to believe he'd be happy if his team doesn't let him go to the NHL if there's no transfer agreement. He already did them a favor by staying an extra year with no complaints.

I absolutely think Malkin will be here anyway because a transfer agreement is said to be likely from everyone in the know. But even if there isn't, I still think there's a pretty good chance that it's going to come to the point where his team is going to have to let him out of his contract.
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