Arbitration in the 36th America's Cup: Including Additional Previously Unpublished Material

Arbitration in the 36th America’s Cup is the fifth of a series with a unique corpus of all decisions by the 36th America’s Cup Arbitration Panel, including all supporting documents elucidating the context in which the decisions were issued. 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 the need to deal quickly and professionally with any divergency, an arbitration panel has become an established part of the Cup’s organization.

What’s in this book:

In addition to all the decisions, the book includes the following:

• 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• previously unpublished documents related to proceedings which have led to the amendment and/or interpretation of the Deed of Gift by the Supreme Court of the State of New York; and
• previously unpublished court-related material pertaining to the key Mercury Bay case (1987-1990).

The book includes an extensive and valuable introduction that provides detailed historical and factual context. As the importance, complexity and length of the decisions vary considerably, the authors have compiled a summary of the subject matter of each decision as a table. Expert commentary addressing 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) is also included.

How this will help you:

Because arbitration plays a major role in this context, and because what happens in the America's Cup is of general interest to the sport and arbitration communities, the book’s many insights into the series 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.