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The America’s Cup is the oldest trophy in international sport. There have been
thirty-three matches for its possession since 1851, and no challenger was
successful until 1983. By 2007 the Cup had only changed hands four times.
Disputes around the thirty-third match generated judicial and arbitral
decisions that will be influential in all areas of international sporting law.
This book – continuing the tradition of Kluwer Law International’s earlier
publications on the 31st and 32nd America’s Cup – offers expert commentary
(along with the decision texts themselves) on the judgments of various Courts
and other dispute resolution bodies delivered during the tumultuous 33rd
America’s Cup. Since there is no official complete record of many of these
documents, this book is the only source that presents them together, in
sequence, in a single volume, with the added benefit of commentary. The
structure of this book proceeds as follows:
Commentary and all documents pertaining to the initial challenge launched by
Club Nautico Español de Vela (CNEV). These documents include: the Protocol
initially agreed by Société Nautique de Genève (SNG), the then holder of the
Cup, and CNEV; the version of the Protocol as thereafter amended as a
consequence, inter alia, of the parties' controversy with the Golden Gate
Yacht 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's
challenge and therefore become the ‘valid’ challenger for the 33rd America's
Commentary and all decisions (mainly U.S. Court judgements) regarding matters
which became controversial between GGYC and SNG, leading up to the so-called
Commentary and decisions issued by the International Jury which operated
during the 33rd America's Cup event.
Commentary and documents executed by SNG and GGYC pursuant to which they
eventually agreed to settle their disputes in 2010.
A concluding chapter provides information and documents pertaining to the
America's Cup trademarks and other intellectual property issues and to the
management of the America's Cup, with suggestions as to amendments that could
be considered to the current Deed of Gift. These latter comments are made with
a view to limit the possibilities of new controversies and, if any arise, that
these are dealt with by arbitration and not, by disruptive, lengthy, costly,
and uncertain state court proceedings. In this way the book provides
invaluable guidance for trustees, competitors, and event officials, not only
for the America’s Cup but by extension to other major international sporting
About the Authors. Table of Abbreviations. 1. Introduction. 2.
CNEV’s Challenge. 3. GGYC’s Challenge: Deed Match. 4
. Custom House Registry Certificate, Applicable Rules, Venue of Match and
Other Issues. 5. AC33 International Jury Decisions. 6.
Settlement. 7. Management and Future of the America’s Cup. Keyword
"Readers that are interested in sport arbitration will find this book
fascinating. It is also excellent guidance for dispute resolution at other
major international sporting events."
Reviwed by Matthew Rowak in Association for International Arbitration
Newsletter February 2013