The America’s Cup Arbitration Panel has ruled against the US Challenger Stars + Stripes Team USA request to use the New Zealand built AC75, Te Aihe, in the Prada Cup Challenger Selection Series.
The AMERICA’S CUP ARBITRATION PANEL Case No. ACAP36/10 DECISION.
In summary the Panel finds that:
a. The answer to the Applicant’s question as to whether “the constructed-in-country requirements contained in the Deed of Gift and the Protocol apply only to the Match and not to any other Event” is “no”, it applies to all Events;
b. Any possible request for exclusion of a Team shall be the subject-matter of a separate Application;
c. The Panel’s costs shall be borne as aforesaid. Each Party shall bear its counsel costs.
David Tillett, Graham McKenzie, Henry Peter
36th America’s Cup Arbitration Panel.
The Arbitration Panel Decision . . .
Part ‘a’ of the Decision refers to the original Stars + Stripes Team USA request . . . apparently attempting to be able to use a boat constructed outside of the USA as their entry.
Part ‘b’ refers to the request for exclusion in the response of the Challenger of Record for AC36 (Circolo della Vela Sicilia – Luna Rossa Challenge) . . . that Stars + Stripes Team USA be excluded from further participation in AC36.
Refering to Part ‘b’ the Arbitration Panel states . . .
The (Arbitration) Panel considers that the request for exclusion made by COR36 in its Response is out of the scope of this Application and, as the case may be, should be the subject matter of a separate application.
In fact, a request for exclusion of a Competitor is a serious matter and would require to give all Parties an opportunity to make full submissions.
Breach of confidentiality obligation
In addition the Arbitration Panel noted in its Decision . . .
That there may have been a breach of the confidentiality obligation provided for in Clause 7 of the Rules of Procedure in respect of disclosures to outside persons concerning this Case.
Indeed, the Panel noted that there had been recent comments in the media, and in particular on the Sailing Illustrated, giving quite specific details of the Application, and then in the New Zealand media.
The Panel considers that it has investigated the matter to the extent reasonably possible without protracting matters and notes that all Teams, for themselves and their Yacht Clubs, have denied any involvement in the leak.
The Panel considers such issue as serious, and reminds that it has a broad discretion concerning penalties it can impose should any breach be established.
Top Image – Co-founders of Stars and Stripes Team USA Mike Buckley and Taylor Canfield.