As predicted earlier in Sail-World.com, the impasse in rules matters governing the America's Cup Regatta, has been passed to the International Jury to resolve, and potentially make a binding Decision.
The Decision to refer the rules matters to the International Jury was made by Regatta Director Iain Murray, in an endeavour to call a cease-fire in the War of Words, between the teams earlier this week.
The first phase of the Jury involvement will require members Bryan Willis (GBR/MAS) and Graham McKenzie (NZL) to travel to San Francisco and conduct a Mediation process with two representatives of each of the parties.
Willis is a former magistrate on the Isle of Wight and Marine Arbitrator, as well as having a long experience as a sailing jurist at the highest levels. He was also a rules advisor in three America's Cups. McKenzie is a barrister and solicitor by profession, and sat on the international Juries for the 32nd and 33rd America's Cups.
After the fatal capsize of Challenger of Record, Artemis Racing's AC72 on May 9, 2013, a review Committee chaired by Regatta Director, Iain Murray, produced a series of 37 Recommendations for changes to the boats and regatta conditions.
Although the brief issued by Murray to the International Jury looks quite tight, and may be confined to AC Class rules only, it is believed that anything that involves a rules change, in its broader sense, is able to mediated. This could include Regatta format, and whether or not a competitor is able to elect to 'skip school' for part of the Round Robin, as Challenger of Record, Artemis Racing declared it would do, after the revised Louis Vuitton Cup format was announced. It is believed that the initial brief will be very wide, but will be narrowed.
First step in the mediation process is expected to be a consultative phase which will canvass and scope out the areas to be covered in the Mediation, due to get under way in a week, on June 19. It is not known how long the Mediation process will take, however time is running out fast with the first race of the ACCS starting on July 7.
Two days have been set down for the Mediation, which will be held on June 19 and 20. The racing starts two weeks later.
Graham McKenzie (NZL) - .. .
The Mediation is not binding on the parties, although they have been asked to formally indicate if thy support the process, and also to nominate two members to attend. The purpose of the Mediation is to negotiate an agreed outcome between the parties.
Ultimately, if the Mediation breaks down the matter can be referred to the International Jury for a full Hearing and that body does have the power to make a binding Decision on all parties.
Profiles of the International Jury, including the two involved in the Mediation can be viewed by clicking here
The statement issued by America's Cup Regatta Management reads:
Regatta Director Iain Murray has turned to the International Jury to mediate the adoption of rule amendments arising from the Safety Recommendations he issued following the Artemis Racing capsize.
Jury members Bryan Willis and Graham McKenzie will conduct the confidential mediation beginning next week.
The details of the mediation can be found in the Jury Notice below:
JURY CASE AC23 JURY NOTICE JN071 Memorandum from Bryan Willis
1. On 11th June 2013 the Jury Chairman received a request from Iain Murray, ACRM CEO/Regatta Director, requesting the assistance of the Jury to mediate the adoption of rule amendments arising from safety recommendations issued by him on 22nd May 2013. This request, together with the relevant supporting documents were sent to all parties via the Jurycomms72 distribution system.
2. Pursuant to Protocol Article 15.4(j), the Jury Chairman has appointed me as Mediator, to be assisted by Graham McKenzie.
3. I believe the parties involved are: America’s Cup Race Management
America’s Cup Event Authority Oracle Team USA, Artemis Racing,Emirates Team New Zealand, Luna Rossa Challenge 2013
4. I ask that each party email me and inform me that you support the mediation process, and nominate one or two persons* to represent your party, with email addresses and local (US) phone numbers.
* In the case of America’s Cup Race Management, I would expect three persons including the Measurer.
5. I ask that you do not communicate using Jurycomms72 because all matters in relation to the mediation process must remain confidential to the parties involved, and should the Mediation fail, and an Application be made to the Jury, it is important that the three Jury members not involved with the Mediation are not party to the ‘without prejudice’ conversations within the mediation process.
6. Graham and I will arrive in San Francisco on 18th June ready to start work on 19th June. I ask that your representatives confirm to me that they can attend an initial meeting at 0930 on Wednesday 19th June in the Upstairs Meeting Room in the ACEA office on Pier 23.
7. After this initial meeting, we will probably want to have discussions with parties on their own and we would be grateful if your representatives are available to attend at a ‘to be advised’ meeting room at the EA offices on 19th and 20th June.
8. I look forward to hearing from you and seeing you next week.
Signed Bryan Willis
by Richard Gladwell
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6:10 AM Thu 13 Jun 2013GMT
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