The 32nd America's Cup Jury and its Decisions

Author: Henry Peter
Publisher: Kluwer Law International
ISBN: 9789041127556
Published In: December 2008
Format: Hardback , 456 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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. Recognizing this, and to minimize jurisdictional issues, the Cup’s organization has included its own international jury for over thirty years.

The 31st jury, however, for the first time in the Cup’s long and colourful history, appointed a five-member arbitration tribunal which has now become an established part of the Cup’s ‘corporate’ identity. Although the tribunal’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 America’s Cup Deed of Gift (the ‘constitutional’ document), the Protocol governing the 32nd America’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 America’s Cup organization and the World Intellectual Property Organization (WIPO). At the request of the Cup’s management, WIPO developed a customized web-based facility for the rapid and secure resolution of disputes – 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 book’s many insights into the kinds of issues that fuel disputes in sports events (and their resolutions), Arbitration in the America’s Cup offers a significant extension of the knowledge base available to lawyers and scholars in several branches of law and legal practice.

1. Introduction.

2. Deed of Gift of 24th October 1887.

3. The Protocol Governing the Thirty Second America’s Cup (consolidated version 12 May 2006).

4. Rules of Procedure.

5. Other Thirty Second America’s Cup Governing Documents.

6. The 32nd America’s Cup Jury Decisions.

7. Keyword Index.

Henry Peter

Born 1957, Swiss and French national

Member of the Board of Directors

Henry Peter completed his studies in law at the University of Geneva in 1979, and in 1981 he was called to the Geneva bar. Following a pupillage in Geneva, a period of study as a visiting scholar at the University of California at Berkeley and legal work in Lugano, he obtained his PhD at the University of Geneva in 1988. Since 1988 he has been a partner in a law firm in Lugano, now Peter · Bernasconi & Partners. In addition, he has been Professor of Business Law at the University of Geneva since 1997. Henry Peter frequently acts as arbitrator in commercial and sport cases. He has been a member of the Swiss Takeover Board since 2004, and a member of the Sanction Commission of the SWX Swiss Exchange since 2007.