Alinghi delighted with Arbitration Panel Decision
by Alinghi Media + Sail-World on 9 Sep 2007
Alinghi base, Valencia, ESP MCC McCamp
Alinghi, Defender of the 33rd America’s Cup, was delighted with the decision of the Arbitration Panel published last night.
The Arbitration Panel ruled in favour on the validity of Club Náutico Español de Vela, CNEV, as Challenger of Record of the 33rd America’s Cup. The Panel also ruled that Société Nautique de Genève, SNG, had been obliged to accept the challenge as it was the first valid challenge that it had received. Furthermore, the Arbitration Panel ruled that the Protocol signed SNG and CNEV on 3 July 2007 complies with the Deed of Gift. Lastly, the Arbitration Panel recommended some amendments to the Protocol with regard to the way the Arbitration Panel is administered. As previously announced, the process of consultation with the other registered competitors has begun and the recommendations of the Arbitration Panel will be considered and acted upon over the course of the next six weeks.
This decision underlines that the Arbitration Panel is the correct body for resolution of sporting matters and is composed of three members with a long-term experience in sports law: Professor Henry Peter, from Switzerland, who chairs the Panel, Graham McKenzie, from New Zealand and Luis María Cazorla Prieto, from Spain. Both Mr. McKenzie and Professor Peter served on the Jury of the 32nd America’s Cup, when BMW ORACLE Racing was Challenger or Record and Prof. Henry Peter was also a member of the 31st America's Cup Arbitration Panel.
Alinghi, along with the other Challengers, continues to be focused on ensuring the future success of the 33rd America’s Cup in 2009.
Sail-World comment: It should be noted that despite this decision, the proceedings challenging the validity of the Challenge by CNEV and the acceptance of it by SNG are the subject of proceedings in the New York Supreme Court, with the suits filed by the Challenger of Record for the 32nd America's Cup, Golden Gate Yacht Club
For the full decision from the Arbitration Panel see: www.americascup.com/multimedia/docs/2007/09/070907_-_acap_33-01_-_decision.pdf
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