Arbitration in the 37th America's Cup is the sixth book of decisions and documents from the event.

by Richard Gladwell 5 Feb 17:12 PST

Arbitration in the 37th America's Cup is the sixth book in a series and a comprehensive record of the detailed decisions and official documents relating to the 2024 America's Cup in Barcelona.

Edited by Professor Henry Peter, who was a member of the Arbitration Panel for the 31st, 32nd, 33rd and 36th America's Cups, it is the authorative record of the documents used in the period of the 37th America's Cup, and is an easy reference - and not subject to the vagaries of being taken offline - as happens with most documentation once a Cup has concluded.

The book on the 37th America's Cup has been compiled with input from editors Henry Peter and Claire Mordelet as well as from the Arbitration Panel members - David Tillett (Chair), Graham McKenzie, Bryan Willis, and Arb Panel Secretary Sacha Lines - ensuring independence from event organisers or other recorders of the 37th America's Cup.

A feature of each book has been a forward-looking look by the Arbitration Panel at announcements and the direction of travel of the next Cup.

This sixth edition goes further, and this section was written after the Protocol was published on August 12, 2025, and the Class Rule/Technical Regulations on September 11, 2025. They raise the question of whether an undertaking made in AC37 to continue using the AC75 in AC38 is enforceable during the 38th America's Cup; it was challenged.

A feature is an updated discussion on the Deed of Gift governing the America's Cup, including images of the original handwritten deed of July 8, 1857, coupled with a new transcription of the current Deed (Oct 24, 1887) by noted Cup historian R. Steven Tsuchiya (USA) with additional input by a colleague, Dr Hamish Ross (NZL). Tsuchiya writes that the new transcription was prepared "to reduce the propagation of errors", and the steps taken by the author taken to "ensure the utmost accuracy".

It is noted that the subsequent approaches to the New York Supreme Court in 1956 and 1985 resulted in amendments to the Deed of Gift, which have been incorporated into the transcription to avoid locating the original decisions and reading them into the 1887 Deed. The changes are indicated by strikeout, and the transcript is a much more informative document for inserting these amendments in their correct place.

In a separate section, Tsuchiya covers the issue of the missing Assignment and Acceptance agreement, required by the Deed of Gift, to transition the obligations of possession of the Trophy from the outgoing Club to the incoming Defender. This document was not signed between Golden Gate YC and Royal New Zealand Yacht Squadron, and a back-dated copy (to June 26, 2017) was not signed until April 17-20, 2024. A key point was that both clubs agreed that the New York Supreme Court would continue to have jurisdiction, not the current Defender's court system.

The book contains a number of side references, such as the top speeds recorded by various teams during racing in AC75s in the last two America's Cups (2020 - 2024). Interestingly, Emirates Team New Zealand has only its 2020 speed recorded, which was superseded by three other teams, with INEOS Britannia recording the top speed (55.5kts) on Day 5 of the 2024 Louis Vuitton Cup Final.

Highly recommended for all those interested in America's Cup history, and mandatory reading for those who choose to commentate on it.

What's in this book:

The book contains all the decisions issued by the Arbitration Panel and by the Jury in place during the 37th America's Cup, as well as all supporting documents. More specifically, the following are included in this book:

• the Deed of Gift;
• the Protocol of the 37th America's Cup and the amendments made thereto;
• the America's Cup Arbitration Panel Rules of Procedure (May 2023);
• other documents governing the 37th America's Cup edition: the World Sailing Racing Rules of Sailing - America's Cup Edition, the AC75 Class Rule, the AC40 Class Rule, the AC Technical Regulations, the "Louis Vuitton Cup Conditions," the Match Conditions, the Sailing Instructions for the Louis Vuitton Cup Challenger Selection Series and the Sailing Instructions for the 37th America's Cup Match;
• the documents governing the Youth and Women's America's Cup: the Youth and Women's America's Cup Agreement for the 2024 Youth America's Cup and the Women's America's Cup, as well as the Sailing Instructions for the Youth and Women's America's Cup;
• all 37th America's Cup Arbitration Panel Decisions; and
• all 37th America's Cup Jury Decisions.

Arbitration in the 37th America's Cup is published by Wolters Kluwer and available at law-store.wolterskluwer.com/s/product/arbitration-in-the-37th-americas-cup/01tPg00000IQXFnIAP

ISBN: 9789403529691 Released: November 2025 Price: € 180 - $ 195 - £ 152 Format: Hardcover, 464pp