America’s Cup Arbitration Panel case no. acap36/12 decision

America’s Cup Arbitration Panel case no. acap36/12 decision

America’s Cup Arbitration Panel case no. acap36/12 decision


23/10/2020 - 11:17

Auckland, October 22nd, 2020 - We are disappointed to acknowledge ETNZ’s press release. We would therefore like to point out some of the key elements that explain why the Arbitration Panel made the decision to exclude racecourses B and C from the 36th America’s Cup.

The America’s Cup is governed by a set of rules accepted by all Challengers and the Defender: the Protocol, which guarantees the sporting fairness of the event.

A fundamental rule of the Protocol, art. 3.1, specifically provides that all the PRADA Cup Challengers Selection Series races must be sailed “…within the course areas of the Match…”.

In early September, the Challenger of Record discovered, without having been previously involved nor informed by the Defender, that the Round Robins and the Semi-Finals of the Challengers Selection Series - the PRADA Cup – could not be sailed on courses B and C, designated as preferred courses for the Final Match. A situation that the Defender had kept hidden since the end of January/beginning of February.

Upon learning of the situation, the Challenger of Record COR36, supported by all the Challengers, requested that the above-mentioned rule 3.1 be enforced.

With the aim to restore sporting fairness and equity, the Arbitration Panel ruled that either racecourses B and C could be used for all the regattas of the PRADA Cup, or they could not be used at all.

The attacks by Emirates Team New Zealand are intended solely at discrediting the Luna Rossa Prada Pirelli team with populist pretexts that tend to mask the attempt to gain an unfair advantage over the Challengers who, we repeat, unanimously supported COR 36 by each lodging their own independent submission.

The Arbitration Panel decision CASE NO. ACAP36/12:

The Protocol of the 36^America’s Cup:

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