Dispute Resolution in the 34th America's Cup

Dispute Resolution in the 34th America's Cup
Author: Henry Peter
Publisher: Kluwer Law International B.V.
Total Pages: 866
Release: 2015-11-24
Genre: Law
ISBN: 9041152598

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.

Dispute Resolution in the 34th America's Cup

Dispute Resolution in the 34th America's Cup
Author: Henry Peter
Publisher:
Total Pages:
Release: 2016
Genre: America's Cup
ISBN:

"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.

Arbitration in the 36th America's Cup

Arbitration in the 36th America's Cup
Author: Henry Peter
Publisher: Kluwer Law International B.V.
Total Pages: 616
Release: 2022-08-09
Genre: Law
ISBN: 9403547936

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.

Dispute Resolution at the America's Cup

Dispute Resolution at the America's Cup
Author: Thomas Schultz
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

The America's Cup is one of the most prestigious and oldest sports events in the world. The stakes involved are huge, be it only in financial terms. Moreover, it is organized in an almost entirely autonomous fashion, in the sense that the respective defender of the Cup (the sailing club that last won the Cup), along with its first challenger are almost completely free to organize the competition as they see fit, the only real constraint being a 150-years old two-pages document. The combination of this liberty and the stakes just mentioned lead, over the years, to a series of interesting adjustment as regards the way dispute arising in the context of the Cup are resolved. From long and bitter litigation in connection with Dennis Conner's famous catamaran, the sailing community has learned the importance of providing for extra-judicial methods and bodies. These methods and bodies have, over the last editions of the America's Cup, gradually evolved, thereby revealing likely strong points and pitfalls in the setting up of ad hoc dispute resolution. This article first introduces the various documents and rules that govern the Cup. It then goes back over the court proceedings that sparked the intention to equip this sporting event with private dispute resolution mechanisms. Thereafter, it presents the three different dispute resolution bodies that accompanied the five last editions of the Cup. Finally, this article reviews the jurisprudence (11 arbitral awards so far) of the current edition of the Cup.

Sports Arbitration: A Coach for Other Players - ASA Special Series No. 41

Sports Arbitration: A Coach for Other Players - ASA Special Series No. 41
Author: Elliott Geisinger
Publisher: Juris Publishing, Inc.
Total Pages: 372
Release: 2015-02-01
Genre: Arbitration and award
ISBN: 1937518485

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.

The 32nd America's Cup Jury and Its Decisions

The 32nd America's Cup Jury and Its Decisions
Author: Henry Peter
Publisher: Kluwer Law International B.V.
Total Pages: 458
Release: 2009-01-01
Genre: Law
ISBN: 9041127550

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.