More than the most prestigious regatta and match race in the sport
of sailing, the America A|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 A|s organization has included its
own international jury for over thirty years. The 31st jury,
however, for the first time in the Cup A|s long and colourful
history, appointed a five-member arbitration tribunal which has now
become an established part of the Cup A|s A corporate A| identity.
Although the tribunal A|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:A { alleged errors in
calling a very close finish;A { alleged errors in rules resolving a
tie;A { redress regarding physical damage;A { failure of boat
electronic system;A { allegations of outside help;A { scope of
advertising on a yacht;A { place of yacht construction;A { receipt
of meteorological data while racing; andA { on-board installation
of TV equipment.In addition to the full texts of the decisions, the
book includes the America A|s Cup Deed of Gift (the A
constitutional A| document), the Protocol governing the 32nd
America A|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 A|s Cup
organization and the World Intellectual Property Organization
(WIPO). At the request of the Cup A|s management, WIPO developed a
customized web-based facility for the rapid and secure resolution
of disputes A- 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 A|s
many insights into the kinds of issues that fuel disputes in sports
events (and their resolutions), Arbitration in the America A|s Cup
offers a significant extension of the knowledge base available to
lawyers and scholars in several branches of law and legal practice.
General
Imprint: |
Kluwer Law International
|
Country of origin: |
Netherlands |
Release date: |
2008 |
First published: |
December 2008 |
Authors: |
Henry Peter
|
Dimensions: |
234 x 156 x 25mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
439 |
ISBN-13: |
978-90-411-2755-6 |
Categories: |
Books >
Law >
Laws of other jurisdictions & general law >
General
|
LSN: |
90-411-2755-0 |
Barcode: |
9789041127556 |
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