Jury Duty – The Decisions of the 32nd America’s Cup

The Decisions of the Jury at the 32nd America’s Cup have been compiled and published. The book also includes the text of the Deed of Gift and the Protocol governing the 32nd Edition of the cup.

Professor Henry Peter, Chairman of the Jury for the 32nd America’s Cup, and Chair of the Arbitration panel for the 33rd and 31st America’s Cup says:

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.

The blurb for the book 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.

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

The book with the catchy title – The 32nd America’s cup Jury and its Decisions, can be purchased online through the internet website of Kluwer Law International