More than the most prestigious regatta and match race in the sport of sailing, the Americaand#8217;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. Recognizing this, and to minimize jurisdictional issues, the Cupand#8217;s organization has included its own international jury for over thirty years.
The 31st jury, however, for the first time in the Cupand#8217;s long and colourful history, appointed a five-member arbitration tribunal which has now become an established part of the Cupand#8217;s and#8216;corporateand#8217; identity. Although the tribunaland#8217;s decisions are not intended to be binding in the future, experience has already proven that they may assist whoever is involved in forthcoming competitions. In validation of this recognition, this book compiles all the decisions issued by the tribunal about cases submitted to the 32nd jury. This entails forty-three decisions in all, encompassing decisions on the merits for thirty-six cases, 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:
- alleged errors in calling a very close finish;
- alleged errors in rules resolving a tie;
- redress regarding physical damage;
- failure of boat electronic system;
- allegations of outside help;
- scope of advertising on a yacht;
- place of yacht construction;
- receipt of meteorological data while racing; and
- on-board installation of TV equipment.
In addition to the full texts of the decisions, the book includes the Americaand#8217;s Cup Deed of Gift (the and#8216;constitutionaland#8217; document), the Protocol governing the 32nd Americaand#8217;s Cup, Rules of Procedure, Terms of Challenge, and applicable anti-doping and anti-gambling rules. A valuable introduction offers, as well as historical and legal background, some personal perspectives by Jury members.
Perhaps the most interesting aspect of this subject for practitioners in general is the symbiosis quickly established between the Americaand#8217;s Cup organization and the World Intellectual Property Organization (WIPO). At the request of the Cupand#8217;s management, WIPO developed a customized web-based facility for the rapid and secure resolution of disputes and#8211; a facility now available in the context of other sporting events and for intellectual property disputes in general. With detailed information on this system, along with the bookand#8217;s many insights into the kinds of issues that fuel disputes in sports events (and their resolutions), Arbitration in the Americaand#8217;s Cup offers a significant extension of the knowledge base available to lawyers and scholars in several branches of law and legal practice.
