The 33rd America's Cup Judicial and Arbitral Decisions
Published: December 2011
Publisher: Kluwer Law International
Country of Publication: The Netherlands
The America’s Cup is the oldest trophy in international sport. There have been thirty-three matches for its possession since 1851, and no challenger was successful until 1983. By 2007 the Cup had only changed hands four times.
Disputes around the thirty-third match generated judicial and arbitral decisions that will be influential in all areas of international sporting law. This book – continuing the tradition of Kluwer Law International’s earlier publications on the 31st and 32nd America’s Cup – offers expert commentary (along with the decision texts themselves) on the judgments of various Courts and other dispute resolution bodies delivered during the tumultuous 33rd America’s Cup.
Since there is no official complete record of many of these documents, this book is the only source that presents them together, in sequence, in a single volume, with the added benefit of commentary. The structure of this book proceeds as follows:-
- Commentary and all documents pertaining to the initial challenge launched by Club Nautico Español de Vela (CNEV). These documents include: the Protocol initially agreed by Société Nautique de Genève (SNG), the then holder of the Cup, and CNEV; the version of the Protocol as thereafter amended as a consequence, inter alia, of the parties' controversy with the Golden Gate Yacht Club (GGYC); as well as an arbitration panel award and a series of U.S. Court judgements regarding GGYC’s successful attempt to nullify CNEV's challenge and therefore become the ‘valid’ challenger for the 33rd America's Cup match.
- Commentary and all decisions (mainly U.S. Court judgements) regarding matters which became controversial between GGYC and SNG, leading up to the so-called ‘Deed Match’.
- Commentary and decisions issued by the International Jury which operated during the 33rd America's Cup event.
- Commentary and documents executed by SNG and GGYC pursuant to which they eventually agreed to settle their disputes in 2010.
A concluding chapter provides information and documents pertaining to the America's Cup trademarks and other intellectual property issues and to the management of the America's Cup, with suggestions as to amendments that could be considered to the current Deed of Gift. These latter comments are made with a view to limit the possibilities of new controversies and, if any arise, that these are dealt with by arbitration and not, by disruptive, 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.