Dispute Resolution in the 34th America's Cup
By: David Tillett, Josje Hofland-Dominicus, Graham McKenzie, Hamish Ross (LLB), Bryan Willis
The Americaand’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 eventand’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 Internationaland’s earlier publications on the 31st, 32nd, and 33rd Americaand’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 Americaand’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: - all decisions issued by the 34th Americaand’s Cup International Jury, as well as related decisions or awards rendered by other bodies (ISAF Disciplinary Commission, ISAF Review Board and the Court of Arbitration for Sport); - judgments of the New York Supreme Court and its Appellate Division regarding the rejection of the African Diaspora Maritime Corporation application to compete to be a defender; - the pivotal Jury decision affirming that the AC72 yacht could be made to foil on its centreboards and rudders, dramatically increasing its speed; - the first-time-ever Youth Americaand’s Cup; and - the extensive mediation concerning safety recommendations following the death of a sailor. 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 Americaand’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 Americaand’s Cup but by extension to other major international sporting events.
AI Overview
The book "Dispute Resolution in the 34th America's Cup" is a comprehensive legal analysis of the disputes and judicial decisions that arose during the 34th America's Cup, which took place in 2013. The book is authored by David Tillett, Josje Hofland-Dominicus, Graham McKenzie, Hamish Ross (LLB), and Bryan Willis.
Key Themes
- Legal Commentary: The book provides richly detailed expert commentary on the judgments and decisions made by various courts and dispute resolution bodies during the 34th America's Cup.
- Judicial Decisions: It includes detailed analysis of the legal decisions, which are crucial for understanding the complexities of maritime law and sports law in the context of international sailing competitions.
- Dispute Resolution Bodies: The book covers the roles and decisions of various dispute resolution bodies, including the America's Cup Jury, which played a significant role in resolving disputes during the event.
- Sporting Law: It offers insights into how sporting law intersects with maritime law, providing valuable guidance for trustees, competitors, and event officials not only for the America's Cup but also for other major international sporting events.
Plot Summary
The book is structured around the legal aspects of the 34th America's Cup. It begins with an introduction to the historical context of the America's Cup and its governing documents, such as the Deed of Gift and the Protocol governing the competition. The main body of the book delves into the specific disputes and legal issues that arose during the event, including decisions related to rule interpretations, protests, and other contentious matters. The book concludes with a summary of the key takeaways and implications for future sporting events.
Critical Reception
While specific reviews are not provided in the sources, the book is described as offering "invaluable guidance" for stakeholders involved in the America's Cup and other major international sporting events. The detailed analysis and expert commentary suggest that the book would be highly regarded by legal professionals and sports administrators for its comprehensive coverage of the legal aspects of the 34th America's Cup.
Publication Details
- Title: Dispute Resolution in the 34th America's Cup
- Authors: David Tillett, Josje Hofland-Dominicus, Graham McKenzie, Hamish Ross (LLB), Bryan Willis
- Publisher: Kluwer Law International
- Year of Publication: 2015
- Pages: 833 pages
The book is available in both hardback and eBook formats, making it accessible to a wide range of readers interested in the legal aspects of international sporting events.