Please select your home edition
Edition
Marine Resources 2022 - LEADERBOARD

Arbitration Panel appointed for 37th America's Cup

by America's Cup Media/Sail-World 28 Oct 2022 02:44 PDT 28 October 2022
The America's Cup - "a perpetual Challenge Cup for friendly competition between foreign countries" © Scott Stallard

America's Cup organisers have announced the three person Arbitration Panel who will oversee the conduct of the 37th America's Cup in Barcelona.

The same three man panel, David Tillett (AUS) (Chairman), Graham Mckenzie (NZL) and Bryan Willis (GBR) have extensive sailing adjudication experience at the America's Cup level.

They are the same group appointed by the New York Supreme Court in November 2009 as a Panel to provide expert guidance to the Court, on five matters relating to the 2010 America's Cup - which was the subject of lengthy Court proceedings following the acceptance, in 2007, of a Challenge that was not in compliance with the provisions of the Deed of Gift.

The Challenger of Record and Defender (COR/D) being the Royal Yacht Squadron and the Royal NZ Yacht Squadron respectively, each appoint one member of the Arbitration Panel, and then the two clubs mutually agree on the third member, who is also the Chairman.

The role of the Arbitration Panel is extensive - covering 12 specific points in the Protocol which governs the conduct of the 37th America's Cup. The Arb Panel has extensive powers and penalties, including imposing a fine of up to USD$1million.

Racing Rules issues are handled separately by an International Jury approved by World Sailing and drawn from the Umpires officiating at the event. All Measurement and AC75 Class rules issues are determined by the Measurement committee.

“I’m delighted to welcome back David and Graham from AC36 and of course Bryan who is very widely respected into their positions on the Arbitration Panel," commented America's Cup Event CEO, Grant Dalton.

"We’ve assembled the very best in our sport for the role and their impartiality and wisdom is something that will ensure fairness and equanimity throughout AC37 in Barcelona."

"Individually they are all hugely respected in the sport, and specifically within the America’s Cup where they have so much experience, and we simply could not have assembled better representatives to make up the Panel. I wish them every success going forward,” he added.

David Tillett (AUS)

David continues in the role as Chairman of the Arbitration Panel, a post that he held during the 36th America’s Cup in Auckland having been chairman of the Jury which acted as the Arbitration Panel at AC34 in San Francisco (2010-2013). He was Chairman of the Jury at the 33rd America’s Cup in Valencia (2010) having previously served as a Member of the Jury in both the 2007 and 2003 America’s Cups.

David originally started his Cup career as an umpire in the 1992 Cup in San Diego and went on to the 1995 Cup in San Diego, the 2003 Cup in New Zealand and then Valencia in 2004-2007. He also served as a Member of the Olympic Jury continually through the 1996 to 2012 Games and was Chairman of the Olympic Jury at Athens 2004, Beijing 2008 and London 2012.

He was awarded the honour of ‘Member of the Order of Australia’ for services to sailing in 2014 and inducted into the South Australia Sports Hall of Fame in 2021. Most notably, he was International Cadet World Champion in 1969. In October 2022, David was honoured with the Beppe Croce Trophy by World Sailing for ‘outstanding voluntary contribution to the sport of sailing.’

Graham Mckenzie (NZL)

As a barrister and solicitor of the New Zealand Law Society since 1974, Graham attained a Master of Laws from Warwick University as well as holding numerous Directorships at listed and non-listed companies throughout his career.

His involvement with the America’s Cup began in 2004 as a Member of the International Jury for AC32. He then served as both an Arbitration Panel member and International Jury member for the 33rd Americas Cup (2008-2009). He was further appointed as one of a three-person Panel to advise the New York Supreme Court on the America’s Cup before becoming a member of the International Jury for the 34th America’s Cup (2010–2013).

Graham is the co-author of three books on the 32nd, 33rd and 34th America’s Cup and a member of the International Sailing Federation (now named World Sailing) Constitution Committee since 2008 alongside being a member of World Sailing’s Ethics Commission since 2013.

Bryan Willis (GBR)

Bryan Willis was ‘Rules Advisor’ to the Swedish ‘Sverige’ team in 1980, the British ‘Victory’ team in 1983, and the Australian ‘Kookaburra’ Defence in 1987. He was instrumental in setting up the International Sailing Federation (now World Sailing) umpiring system and qualifying international umpires. He is the author of several books on the Racing Rules of Sailing and Match Racing.

Bryan was a jury member and Chief Umpire for the America’s Cup in 1992, Jury Chairman and Chief Umpire in 2000 and 2003, Chairman of the combined Jury and Arbitration Panel and Chief Umpire in 2007, and member of the Arbitration Panels in 2010 & 2013.

He has been a member/chairman of five Olympic Juries and many international championships. He was for many years a member of the World Sailing Racing Rules Committee, a member of the Judges Sub-committee and chaired the Race Officials Committee and the Race Management Sub-Committee. In 2018 he received the World Sailing Beppe Croce Trophy for services to sailing and in 2020 was inducted into the America’s Cup Hall of Fame and is the only Jurist to have been inducted.

The first task for the Arbitration Panel is, in conjunction with COR/D, to establish and publish its Rules of Procedure, which apply to all proceedings of the Panel.

Related Articles

Cup Spy Sept 28: Two AC75s training off Barcelona
Three teams sailed on Thursday - Alinghi Red Bull Racing, Emirates Team NZ and American Magic Three teams sailed on Thursday - Alinghi Red Bull Racing, Emirates Team New Zealand and American Magic from Barcelona Posted on 28 Sep
Cup Spy Sept 27: Swiss bring AC75 back
Four teams sailed on Wednesday, Alinghi Red Bull Racing launched their AC75 Four teams sailed on Wednesday - Emirates Team New Zealand, Orient Express Racing and American Magic from Barcelona, while Luna Rossa continued sailing off Cagliari, in their LEQ12 test boat. Alinghi Red Bull Racing launched their AC75. Posted on 28 Sep
Cup Spy Sept 26: Defence comes into focus
Emirates Team NZ sailed their AC75 for the first time in over a month at the Defence venue Emirates Team NZ sailed their AC75 for the first time in over a month, with co-helmsman Nathan Outteridge saying after the session that the Kiwis had shifted their focus to understanding the nuances of the venue Posted on 27 Sep
Youth and Womens teams train on AC40 simulator
AC40 training has begun for the fast-coming next generation of foiling talent With twelve teams entered for the Youth and Puig Women's America's Cup competitions in Barcelona in 2024, AC40 training has begun for the fast-coming next generation of foiling talent. Posted on 27 Sep
America's Cup: 40th anniversary of Australian win
Today, September 26th is the 40th anniversary of Australia II's win in the America's Cup off Newport Today, September 26th is the 40th anniversary of Australia II's win in the America's Cup off Newport, Rhode Island - handing the New York Yacht Club their first ever defeat since the first defence in 1870 Posted on 26 Sep
Cup Spy Sept 25: The twists and turns of testing
Two teams sailed on Monday - Alinghi off Barcelona and Luna Rossa off Cagliari Two teams sailed on Monday - Alinghi Red Bull Racing off Barcelona, continuing their AC40 development program from last week. Luna Rossa resumed sailing off Cagliari, in their LEQ12 test boat. The Swiss are expected to switch to their AC75 soon. Posted on 26 Sep
Cup Spy Sept 22-23: Swiss coy on new system
Brits stop test session after foil cracks identified The week ended with several America's Cup team members competing in the Italy SailGP, with AC co-helms finishing in the top four places on the leaderboard. The testing continued off Barcelona, with the Swiss and Brits testing sails and foils. Posted on 25 Sep
Cup Spy Aug 21: Brits get into fencing
British tried a new style of wingfoil - equipped with 'Fences' designed to impede foil ventilation Two Cup teams sailed - with American Magic focused on boat maneuvers, while the British tried a new style of wingfoil - equipped with 'Fences' designed to impede foil ventilation. Alinghi Red Bull Racing have repurposed their AC75 as a high dive platform. Posted on 23 Sep
Cup Spy Aug 18-20: Cup teams back in action
Two Cup teams have resumed sailing off Barcelona encountering some testing conditions Two Cup Challengers have been sailing off Barcelona, on three days of this week. Alinghi did sail testing on Monday and capsized at the end of the session. American Magic sailed twice, encountering a building fresh breeze 15kts gusting 23kts on Wednesday. Posted on 21 Sep
Cup Spy Sept 17: A magic day for America
American Magic showed they are back in the America's Cup with a polished performance on Day 3 After being the first team to exit the 2021 America's Cup in Auckland, the New York Yacht Club's American Magic won the first Preliminary Regatta of the 2024 America's Cup. Posted on 18 Sep
RS Sailing 2021 - FOOTERC-Tech 2020 Battens 2 728x90 BOTTOMT Clewring J-class 728x90 BOTTOM