The America’s Cup is the oldest trophy in international sport. There have beenthirty-three matches for its possession since 1851, and no challenger wassuccessful until 1983. By 2007 the Cup had only changed hands four times.Disputes around the thirty-third match generated judicial and arbitraldecisions that will be influential in all areas of international sporting law.
This book – continuing the tradition of Kluwer Law International’s earlierpublications on the 31st and 32nd America’s Cup – offers expert commentary(along with the decision texts themselves) on the judgments of various Courtsand other dispute resolution bodies delivered during the tumultuous 33rdAmerica’s Cup. Since there is no official complete record of many of thesedocuments, this book is the only source that presents them together, insequence, in a single volume, with the added benefit of commentary. Thestructure of this book proceeds as follows:; Commentary and all documents pertaining to the initial challenge launched byClub Nautico Español de Vela (CNEV). These documents include: The Protocolinitially agreed by Société Nautique de Genève (SNG), the then holder of theCup, and CNEV; the version of the Protocol as thereafter amended as aconsequence, inter alia, of the parties' controversy with the Golden GateYacht Club (GGYC); as well as an arbitration panel award and a series of U.S.Court judgements regarding GGYC’s successful attempt to nullify CNEV'schallenge and therefore become the ‘valid’ challenger for the 33rd America'sCup match.; Commentary and all decisions (mainly U.S. Court judgements) regardingmatters which became controversial between GGYC and SNG, leading up to theso-called ‘Deed Match’.; Commentary and decisions issued by the International Jury which operatedduring the 33rd America's Cup event.; Commentary and documents executed by SNG and GGYC pursuant to which theyeventually agreed to settle their disputes in 2010.A concluding chapter provides information and documents pertaining to theAmerica's Cup trademarks and other intellectual property issues and to themanagement of the America's Cup, with suggestions as to amendments that couldbe considered to the current Deed of Gift. These latter comments are made witha view to limit the possibilities of new controversies and, if any arise, thatthese are dealt with by arbitration and not, by disruptive, lengthy, costly,and uncertain state court proceedings. In this way the book providesinvaluable guidance for trustees, competitors, and event officials, not onlyfor the America’s Cup but by extension to other major international sportingevents.
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