Henry Peter – författare

The America’s Cup continues to evolve as the preeminent sporting contest in the world of sailing and is one of the greatest contests in the world of sport. In its long and colorful history, disputes around the match have not only added major extra publicity to the event’s great popular appeal but also spawned a wealth of judicial and arbitral decisions that have become influential on the sport of sailing.

This book - continuing the tradition of Kluwer Law International’s earlier publications on the 31st, 32nd, and 33rd America’s Cup - offers richly detailed expert commentary (along with the decision texts themselves) on the judgments of various courts and other dispute resolution bodies delivered during the tumultuous 34th America’s Cup. Since there is no official record of many of these documents, this book is the only source that presents them together in a single volume, with the added benefit of commentary. Among the aspects covered are the following:

A general introduction surveys the most important and peculiar issues pertaining to the event.

Written not only as a comprehensive legal record of the 34th America’s Cup but also with a view to favor future matches and to limit the possibilities of new controversies, the book takes a significant step toward ensuring that disputes are dealt with by arbitration and not by 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 events.

The America’s Cup continues to evolve as the preeminent sporting contest in the world of sailing and is one of the greatest contests in the world of sport. In its long and colorful history, disputes around the match have not only added major extra publicity to the event’s great popular appeal but also spawned a wealth of judicial and arbitral decisions that have become influential on the sport of sailing.

This book - continuing the tradition of Kluwer Law International’s earlier publications on the 31st, 32nd, and 33rd America’s Cup - offers richly detailed expert commentary (along with the decision texts themselves) on the judgments of various courts and other dispute resolution bodies delivered during the tumultuous 34th America’s Cup. Since there is no official record of many of these documents, this book is the only source that presents them together in a single volume, with the added benefit of commentary. Among the aspects covered are the following:

A general introduction surveys the most important and peculiar issues pertaining to the event.

Written not only as a comprehensive legal record of the 34th America’s Cup but also with a view to favor future matches and to limit the possibilities of new controversies, the book takes a significant step toward ensuring that disputes are dealt with by arbitration and not by 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 events.

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:

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 events.

More than the most prestigious regatta and match race in the sport of sailing, the America’s Cup is a test of boat design, sail design, and management skills. It is not surprising that its passionate skippers, builders, and managers often become embroiled in disputes. Recognizing this, and the need to deal quickly and professionally with any divergency,  an arbitration panel has become an established part of the Cup’s organization. This book—the fifth of a series that over time constitutes a unique corpus of decisions rendered over more than twenty years—compiles all the directions and decisions issued by the 36th America’s Cup Arbitration Panel in the context of the nineteen cases submitted to it, as well as all supporting documents elucidating the context in which the decisions were issued.

 In addition to all the decisions, the following are also included:

the Protocol of the 36th America’s Cup and amendments made thereto;

the 36th America’s Cup Arbitration Panel Rules of Procedure;

applicable versions of the World Sailing Racing Rules, the AC75 Class Rule, and the so-called Prada Cup Conditions and Match Conditions;

previously unpublished documents related to proceedings which have led to the amendment and/or interpretation of the Deed of Gift by the Supreme Court of the State of New York; and

previously unpublished court-related material pertaining to the key Mercury Bay case (1987-1990).

 An extensive and valuable introduction provides detailed historical and factual context. Expert commentary addresses issues of special interest decided by the 36th America’s Cup Arbitration Panel, including privileged insight into the previously undocumented dispute resolution during the 35th America’s Cup (2013-2017) and the World Intellectual Property Organization’s Electronic Case Management Facility (ECAF). A table containing a summary of the subject matter of each decision and a keyword index help find which argument is dealt with in which decision.

 Because arbitration plays a key role in this context, and because what happens in the America''s Cup is of general interest to the sport and arbitration communities, this book’s many insights into the kinds of issues that fuel disputes in sports events offer a significant extension of the knowledge base available to lawyers, arbitrators, and scholars in several branches of law and legal practice.

More than the most prestigious regatta and match race in the sport of sailing, the America’s Cup is a test of boat design, sail design, and management skills. It is not surprising that its passionate skippers, builders, and managers often become embroiled in disputes. Recognizing this, and the need to deal quickly and professionally with any divergency,  an arbitration panel has become an established part of the Cup’s organization. This book—the fifth of a series that over time constitutes a unique corpus of decisions rendered over more than twenty years—compiles all the directions and decisions issued by the 36th America’s Cup Arbitration Panel in the context of the nineteen cases submitted to it, as well as all supporting documents elucidating the context in which the decisions were issued.

 In addition to all the decisions, the following are also included:

the Protocol of the 36th America’s Cup and amendments made thereto;

the 36th America’s Cup Arbitration Panel Rules of Procedure;

applicable versions of the World Sailing Racing Rules, the AC75 Class Rule, and the so-called Prada Cup Conditions and Match Conditions;

previously unpublished documents related to proceedings which have led to the amendment and/or interpretation of the Deed of Gift by the Supreme Court of the State of New York; and

previously unpublished court-related material pertaining to the key Mercury Bay case (1987-1990).

 An extensive and valuable introduction provides detailed historical and factual context. Expert commentary addresses issues of special interest decided by the 36th America’s Cup Arbitration Panel, including privileged insight into the previously undocumented dispute resolution during the 35th America’s Cup (2013-2017) and the World Intellectual Property Organization’s Electronic Case Management Facility (ECAF). A table containing a summary of the subject matter of each decision and a keyword index help find which argument is dealt with in which decision.

 Because arbitration plays a key role in this context, and because what happens in the America''s Cup is of general interest to the sport and arbitration communities, this book’s many insights into the kinds of issues that fuel disputes in sports events offer a significant extension of the knowledge base available to lawyers, arbitrators, and scholars in several branches of law and legal practice.