Dispute Resolution In The 34th America S Cup

The America’s Cup continues to evolve as the preeminent sporting contest in the world of sailing and is one of the greatest contests in the world of sport. In its long and colorful history, disputes around the match have not only added major extra publicity to the event’s great popular appeal but also spawned a wealth of judicial and arbitral decisions that have become influential on the sport of sailing. This book - continuing the tradition of Kluwer Law International’s earlier publications on the 31st, 32nd, and 33rd America’s Cup - offers richly detailed expert commentary (along with the decision texts themselves) on the judgments of various courts and other dispute resolution bodies delivered during the tumultuous 34th America’s Cup. Since there is no official record of many of these documents, this book is the only source that presents them together in a single volume, with the added benefit of commentary. Among the aspects covered are the following: - all decisions issued by the 34th America’s Cup International Jury, as well as related decisions or awards rendered by other bodies (ISAF Disciplinary Commission, ISAF Review Board and the Court of Arbitration for Sport); - judgments of the New York Supreme Court and its Appellate Division regarding the rejection of the African Diaspora Maritime Corporation application to compete to be a defender; - the pivotal Jury decision affirming that the AC72 yacht could be made to foil on its centreboards and rudders, dramatically increasing its speed; - the first-time-ever Youth America’s Cup; and - the extensive mediation concerning safety recommendations following the death of a sailor. A general introduction surveys the most important and peculiar issues pertaining to the event. Written not only as a comprehensive legal record of the 34th America’s Cup but also with a view to favor future matches and to limit the possibilities of new controversies, the book takes a significant step toward ensuring that disputes are dealt with by arbitration and not by lengthy, costly, and uncertain state court proceedings. In this way the book provides invaluable guidance for trustees, competitors, and event officials, not only for the America’s Cup but by extension to other major international sporting events.

"Written not only as a comprehensive legal record of the 34th America?s Cup but also with a view to favor future matches and to limit the possibilities of new controversies, the book takes a significant step toward ensuring that disputes are dealt with by arbitration and not by lengthy, costly, and uncertain state court proceedings. In this way the book provides invaluable guidance for trustees, competitors, and event officials, not only for the America?s Cup but by extension to other major international sporting events."--Publisher's website.

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, and management skills. It is not surprising that its passionate skippers, builders, and managers often become embroiled in disputes. Recognizing this, and the need to deal quickly and professionally with any divergency, an arbitration panel has become an established part of the Cup’s organization. This book—the fifth of a series that over time constitutes a unique corpus of decisions rendered over more than twenty years—compiles all the directions and decisions issued by the 36th America’s Cup Arbitration Panel in the context of the nineteen cases submitted to it, as well as all supporting documents elucidating the context in which the decisions were issued. In addition to all the decisions, the following are also included: the Protocol of the 36th America’s Cup and amendments made thereto; the 36th America’s Cup Arbitration Panel Rules of Procedure; applicable versions of the World Sailing Racing Rules, the AC75 Class Rule, and the so-called Prada Cup Conditions and Match Conditions; previously unpublished documents related to proceedings which have led to the amendment and/or interpretation of the Deed of Gift by the Supreme Court of the State of New York; and previously unpublished court-related material pertaining to the key Mercury Bay case (1987-1990). An extensive and valuable introduction provides detailed historical and factual context. Expert commentary addresses issues of special interest decided by the 36th America’s Cup Arbitration Panel, including privileged insight into the previously undocumented dispute resolution during the 35th America’s Cup (2013-2017) and the World Intellectual Property Organization’s Electronic Case Management Facility (ECAF). A table containing a summary of the subject matter of each decision and a keyword index help find which argument is dealt with in which decision. Because arbitration plays a key role in this context, and because what happens in the America's Cup is of general interest to the sport and arbitration communities, this book’s many insights into the kinds of issues that fuel disputes in sports events offer a significant extension of the knowledge base available to lawyers, arbitrators, and scholars in several branches of law and legal practice.

Introduction --CNEV's Challenge --GGYC's Challenge - Deed Match --Settlement --Management and Future of the America's Cup.

Sports Arbitration: A Coach for Other Players? is not about sports arbitration. The reader may thus ask: Well, what is it about? Arbitration can take inspiration from other human activities, for instance sports. Does it follow that arbitration in general can take inspiration from sports arbitration? Can sports arbitration serve as an example, be it for better or worse? And if so, what are the limits of this? These questions are highly topical in today's world of arbitration. Faced with the increased duration and costs of arbitral proceedings, and with the perception that litigators instead of business people have taken over the process, more and more users are calling for a return to fast, inexpensive forms of dispute resolution that are conducted by persons of the trade. This has resulted in a series of initiatives to introduce trade-specific forms of dispute resolution based on fast-track arbitration proceedings in a wide range of business sectors.

Following experiences made during the previous edition of the America's Cup, an Arbitration Panel was set up in order to resolve the disputes arising with respect to the 3 1 st (2000-2003) America's Cup. It was composed of five arbitrators, all high standing lawyers with vast experience in arbitration and sport. The Arbitration Panel issued 22 decisions on many subjects, ranging from deciding whether or not Societe Nautique de Geneve (Alinghi) could take part to the America's Cup, to whether or not the Seattle Yacht Club (One World Challenge) had breached rules prohibiting the transfer of technology from a syndicate to another. This book contains all the decisions rendered as well as the background and supporting material. It begins with an introductory text which enables a better understanding of the reasons why the Arbitration Panel was set up, of the way it has worked and of the main issues it has dealt with. The work will be of interest to any person involved in arbitration in general and in sport in particular. It will also provide an insight into the history of the America's Cup which, from the outcome in 1851, has been characterised by controversies and disputes.

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 Organization (WIPO). At the request of the Jury, WIPO developed a customised web-based electronic case facility (ECAF) for the rapid and secure administration 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), 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." --Book Jacket.