12:13 AM Thu 12 Feb 2009 GMT
Sail-World is pleased to advise that the Decisions of the Jury at the 32nd America's Cup have compiled their decisions and published them for the interest of America's Cup and sailing aficionados.
While much of the material is America's Cup specific, there is no question that much of what is practice at the America's Cup (Deed of Gift litigation, aside) soon trickles down to other areas of the sport for adoption or adaption.
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Professor Henry Peter, Chair of the Arbitration Panel for the 33rd and 31st America's Cup writes:
Lugano, January 12, 2009
After having completed their 32nd America's Cup assignment, all members of the Jury decided to collect all their decisions and to publish them in a book, the purpose being for this material to be at the disposal of future similar events and dispute resolution bodies. That book just came out under the name 'The 32nd America's Cup Jury and its Decisions' (Henry Peter (ed.); Bryan Willis; Gabrielle Kaufmann-Kohler; Graham McKenzie; Henry Menin; David Tillett; Kluwer Law International, 2009).
Its back cover page says:
'More than the most prestigious regatta and match race in the sport of sailing, the America's Cup is a test of boat design, sail design, fundraising, and management skills. It is not surprising that its passionate skippers, builders and managers should often become embroiled in disputes. Recognising this, and to minimise jurisdictional delays and inefficiencies, the Cup's organisation has included its own dispute resolution system for many years.
During the 32nd edition of the Cup (Valencia 2003-2007) a five-member arbitration panel, called 'Jury', was appointed with very wide jurisdiction in respect of both legal and sporting matters. Although the Jury's decisions are not binding in future Cups, experience has proven that they may assist whoever is involved in forthcoming competitions.
In validation of this recognition, as was done following the 31st America's Cup (Auckland 2000-2003), this book compiles all the decisions rendered in the cases submitted to the 32nd Cup Jury. This entails forty-three decisions in all, encompassing thirty-six decisions on the merit, as well as a series of interim, provisional or partial decisions and, in one case, a dissenting opinion.
Among the subjects of dispute are the following:
- definition of a 'designer';
- alleged errors in calling a very close finish;
- allegations of outside help;
- scope of advertising on a yacht;
- place of yacht construction;
- receipt of meteorological data while racing;
- exercise of the regatta director's discretion;
- taking of images of a competitor's yacht;
- compliance with anti-doping rules
In addition to the full texts of the decisions, the book includes the America's Cup Deed of Gift (the 'constitutional' document), the Protocol governing the 32nd America's Cup, Rules of Procedure, Terms of Challenge, as well as applicable anti-doping and anti-gambling rules. A valuable introduction written by the Jury members offers a first hand perspective, in addition to historical and legal background.
Finally, of interest for practitioners in general is the symbiosis established between the America's Cup organisation and the World Intellectual Property Organisation (WIPO). At the request of the Jury, WIPO developed a customised web-based electronic facility (ECAF) for the rapid and secure administration of disputes - a facility now available in t he context of other sporting events and for intellectual property disputes in general.
With detailed information on this system, along with the book's many insights into the kinds of issues that fuel disputes in sports events (and their resolutions), The 32nd America's Cup Jury and its Decisions offers a significant extension of the knowledge base available to lawyers and scholars in several branches of law and legal practice.'
The book can be purchased online through the internet website of Kluwer Law International
(www.kluwerlaw.com/Catalogue/titleinfo.htm?ProdID=9041127550&;name=The-32nd-America's-Cup-Jury-and-its-Decisions)
We thought that this could be of interest to you and to the numerous readers of your excellent newsletter.
Very truly yours,
Prof. Henry Peter
by Sail-World.com
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