This book compiles all the decisions issued by the tribunal about cases submitted to the 32nd jury. This entails forty-three decisions in all, encompassing decisions on the merits for thirty-six cases, as well as a series of interim, provisional or partial decisions and, in one case, a dissenting opinion.
Among the subjects of dispute are the following:
- alleged errors in calling a very close finish;
- alleged errors in rules resolving a tie;
- redress regarding physical damage;
- failure of boat electronic system;
- allegations of outside help;
- scope of advertising on a yacht;
- place of yacht construction;
- receipt of meteorological data while racing; and
- on-board installation of TV equipment.
In addition to the full texts of the decisions, the book includes the America's Cup Deed of Gift (the 'constitutional' document), the Protocol governing the 32nd America's Cup, Rules of Procedure, Terms of Challenge, and applicable anti-doping and antigambling rules. A valuable introduction offers, as well as historical and legal background, some personal perspectives by Jury members.
Perhaps the most interesting aspect of this subject for practitioners in general is the symbiosis quickly established between the America's Cup organization and the World Intellectual Property Organization (WIPO). At the request of the Cup's management, WIPO developed a customized web-based facility for the rapid and secure resolution of disputes -- a facility now available in the context of other sporting events and for intellectual property disputes in general. With detailed information on this system, along with the book's many insights into the kinds of issues thatfuel disputes in sports events (and their resolutions), The 32nd America's Cup Jury and its Decisions offers a significant extension of the knowledge base available to lawyers and scholars in several branches of law and legal practice.