America's Cup Arbitration

This month, America's Cup officials released the 2017 regatta schedule for Bermuda while continuing to remain silent about an arbitration panel decision that reportedly went against organizers and could cost them several million dollars. Team New Zealand is in line to receive a seven figure pay-out after winning a bitter dispute over a breach of contract with the America's Cup Events Authority (ACEA) that reportedly reneged on an agreement awarding Auckland hosting rights of the America's Cup qualifier. After delays of more than a year, an arbitration panel finally assembled last summer to hear the case. It is believed the panel, the make-up of which is still unknown, ruled in Team New Zealand's favor. With blanket confidentiality clauses in place around arbitration, the decision was not publicly released. Since the dispute was lodged, teams have been working on a new timetable which prevents them from launching their boats until the end of this year, making it impossible to reinstate the regatta in Auckland. The competitors voted that all and any detail surrounding any arbitration remain confidential. The decision prohibits teams and individuals from discussing or even confirming the existence of a dispute before the arbitration panel. Doing so could draw sanctions including censure and a fine of up to $1 million. In past America's Cups, quasi-judicial proceedings were conducted with a high degree of transparency as to issues, when they were being heard, and the outcome. Unlike today, previous America's Cup Arbitration Panels even adopted the practice of going a step further and allowed a couple of members of the media to observe the proceedings and report back to a general pool. The defender, Oracle Team USA, will compete in the America's Cup match next summer. The qualifiers will eliminate one of the five challengers. The remaining four will then go into a playoff to determine which team will face two-time defending champion USA. See more here-- http://bit.ly/2fhjikF and http://es.pn/2ecE3tr and http://bit.ly/2fhku7I

America's Cup Mediation Stalls

In a sport of titans filled with rules, legal battles are inevitable. With the opening of the preliminary Vuitton Cup approaching, New Zealand is protesting rule changes following the death of British sailor Andrew Simpson whose catamaran capsized. Changes to the 72-foot cats are said to potentially lead to more injuries, as a rule now allows for elevators to extend beyond the beam of the boats. New Zealanders say they built their boat under a set a rules that now has been changed-- cutting their competitive advantage. The America's Cup organization claims boats will be legal whether they use the new rudder configuration or the old one. A recent mediation aimed at reaching agreement on implementing safety recommendations previously issued by the regatta's director ended after four days. Teams reportedly agreed on the vast majority of the safety recommendations which was thought to be a useful and positive exercise that left only a couple of points unresolved. All 37 recommendations developed in consultation with the teams following the fatal capsize will remain part of the permit application submitted to the US Coast Guard. Iain Murray said it was useful to hear the teams’ perspective on safety from a competitive viewpoint. “As Regatta Director, I have a clear task. For me, safety means safety for everyone. Full stop. I stand behind all of the original recommendations to increase safety...I look forward to working with the Coast Guard, teams and other stakeholders to ensure we run a safe and successful America’s Cup this summer.” Hopefully, the winds of accord will pick up before racing commences Sunday. See http://www.americascup.com/en/news/3/news/15969/mediation-makes-good-progress-but-ends-without-final-resolution and http://usat.ly/163IdI1 and http://www.bbc.co.uk/sport/0/sailing/23166664 and http://www.nytimes.com/2013/07/04/sports/Sailing-on-Air-With-Americas-Cup-Catamarans.html?pagewanted=2&ref=general&src=me&pagewanted=print

America's Cup dispute is electronic not maritime

A mediation will be conducted this week in the dispute involving Team New Zealand arising out of the 34th America’s Cup protocol which mandates that teams’ content should be consolidated on the official website.

Team New Zealand’s position is that teams should be free to host its own internet sites, and that the present restriction on independent sites hinders commercial teams from raising funds. Allegations are that the rule could contribute to some teams not making it to San Francisco due to insufficient funding to mount an effective Cup challenge.

Team New Zealand is also sailing in the Volvo Ocean Race and the Extreme Sailing Series as well as the America’s Cup, and therefore, wants more than a Cup consolidated site.

See more here: http://bit.ly/rkJ95p