Surprise surprise

Alinghi "delighted" as Arbitration Panel confirm Club Náutico Español de Vela is a valid Challenger of Record

Yesterday evening, the Arbitration Panel for the 33rd America's Cup reached a decision on the ACAP 33/01 case, in the matter of the validity of the challenge of Club Náutico Español de Vela ("CNEV") for the 33rd America's Cup.

''This is a very important milestone as the Arbitration Panel confirming CNEV as the Challenger of Record and that the Protocol complies with the Deed of Gift, gives us further confidence to continue our plans and work on organising the 33rd America's Cup campaign both in 2008 and 2009." said Michel Hodara, CEO of America's Cup Management.

Summary of the decision of the Panel is as follows:

- 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 points [155] and [156]."

Critics however are quick to point out that the Arbitration Panel was appointed by ACM/Alinghi and thus the prospect of any other verdict was slight.

Alinghi of course are "delighted" with the decision of the Arbitration Panel published last night. Alinghi add that "this decision underlines that the Arbitration Panel is the correct body for resolution of sporting matters and is composed of three members with a long-term experience in sports law: Professor Henry Peter, from Switzerland, who chairs the Panel, Graham McKenzie, from New Zealand and Luis María Cazorla Prieto, from Spain. Both Mr. McKenzie and Professor Peter served on the Jury of the 32nd America’s Cup, when BMW ORACLE Racing was Challenger or Record and Prof. Henry Peter was also a member of the 31st America's Cup Arbitration Panel.

"Alinghi, along with the other Challengers, continues to be focused on ensuring the future success of the 33rd America’s Cup in 2009."