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Arbitration Panel Allows OneWorld Challenge To Continue . . . With One Hand Tied Behind It's Back

by garth last modified 2002-12-10 09:44

By Susan Kruller
December 8, 2002

The Decision

The America's Cup Arbitration Panel has penalized Seattle Yacht Club/OneWorld Challenge.

The key reason for the judgement was stated in the decision, saying the Panel “determines that OneWorld Challenge has been in breach of the Protocol in that a designer employed by OneWorld Challenge had in his possession a computer file, a ZIP disk and a computer that contained design information that was the property of Team New Zealand, facts that were not disclosed in the previous application ACAP 01/08.”

All of the other grounds brought up at the hearing were dismissed, including everything submitted by the applicants, Team Dennis Conner and Prada.

The penalty will require One World Challenge to win one more point in each round against their opponent in order to advance. To win a best-of-seven series, OneWorld must win 5 races. To win a best-of-nine series, OneWorld must win 6 races. As OneWorld Challenge advances, this pattern will continue in every round - for the remainder of the Louis Vuitton Cup AND the America's Cup competition.

The penalty is a point deducted from OneWorld, and not a point given to its opponent. An opponent must earn the minmum majority number of points in their "best of" series on their own.

OneWorld Challenge will also have to pay US$65,000.

There still remains a protest against OneWorld Challenge under Rule 2 (Fair Sailing) before the International Jury. Team Dennis Conner has applied to withdraw the protest. International Jury Chairman Bryan Willis says the Jury will convene on Tuesday evening to consider the withdrawal application. Other teams are invited to make submissions to the Jury on this.

For the OneWorld Challenge response to the ACAP decision and a message from Seattle Yacht Club's Commodore, go to "Public Releases" on the left hand menu of this page.