AMERICA’S CUP ARBITRATION PANEL – CASE NO. ACAP36/12 DECISION
The 36th America’s Cup Arbitration Panel has published its decision on case ACAP 36/12 in response to the application by COR 36, which challenged the exclusion from the Prada Cup Round Robins and Semi-finals of the courses B and C of the Course Area , which are the preferred courses for the Christmas Race, the Prada Cup Final and the 36th America’s Cup presented by PRADA.
The COR 36 application was supported by similar submissions from the other two Challengers.
The Arbitration Panel found that “If any part of the course area of the CSS and the Match (e.g. Courses B and/or C are not accessible with no restriction at any time in accordance with Art. 3.4 of the Protocol, then that part of the course area will be used neither for the CSS nor the Match”
The Arbitration Panel also stated that this decision does not prevent the Challenger of Record and the Defender from making further approaches to the Harbour Master and/or any other competent authority in order to attempt to change the current restrictions or look for a different solution by an agreement among all Competitors.
It was found there was no breach of Protocol and/or the Venue Management Agreement by ACE/ETNZ.
For the full text of the ACAP 36/12 Decision click HERE