On Friday the AC33 Arbitration Panel investigating the validity of the CNEV (Spanish) challenge for the 33rd America's Cup reached its decision. And what do you think that decision might be...
It is interesting however, that the arbitration panel has made a recommendation to SNG and CNEV to amend some of the provisions in the protocol. I can't wait to read what these may be on Monday. Perhaps the right of Alinghi to sail in the challenger elimination?
By America's Cup Media 07-09-2007
This afternoon, the Arbitration Panel reached a decision on the ACAP 33/01 case, in the matter of the Protocol governing the 33rd America’s Cup and in the matter of an application filed by SNG on July 20, 2007 in respect of the validity of the challenge of Club Nautico Español de Vela (“CNEV”) for the 33rd America’s Cup.
In compliance with directions from the Arbitration Panel, the full document will be made available from this website Monday September 10, but it the meantime this is the summary of the decision:
“[162] The decision of the Panel is the following:
- The Panel (i) has the competence to rule on its own jurisdiction and (ii) also has jurisdiction to rule on the present matter;
- The challenge for the 33rd America’s Cup made by CNEV on July 3, 2007 (i) is a valid challenge entitling CNEV to challenge for the America’s Cup as Challenger of Record and (ii) SNG is obligated to accept (as it was the first valid challenge it received);
- The Protocol signed by SNG and CNEV on July 3, 2007 complies with the Deed of Gift; and
- Although this does not affect the compliance of the existing Protocol with the Deed of Gift, the Panel believes that SNG and CNEV should consider amending the Protocol in respect of some of its provisions as stated in point points [155] and [156].”
http://33rd.americascup.com/en/
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