America's Cup Arbitrators NamedAUCKLAND, New Zealand (Oct. 1, 1996) In a joint announcement, America's Cup defender Royal New Zealand Yacht Squadron and Challenger of Record New York Yacht Club today disclosed the names of four members of the five-member Arbitration Panel for what is now being called America's Cup 2000. The fifth panel member will be selected by the four named today.
The Arbitration Panel is mandated by the Protocol of America's Cup XXX, the most recent revision of which was accepted last April. The protocol states that in addition to having knowledge of America's Cup history, the Deed of Gift, Interpretive Resolutions and yacht racing, the panel members must " be known as fair minded and possess good judgement."
"We are confident that the nominations will be met with universal approval," said commodores John Heise, RNZYS, and A.L. Loomis, |I, (NYYC) said in a joint statement. "We have established a highly qualified, fair and strong group to help competitors in the next America's Cup through any disagreements which may crop up over the next four years."
The Arbitration Panel is responsible for:
- the interpretation and application of the America's Cup Protocol, which governs the America's Cup match in New Zealand, and
- resolving any disputes that arise from the match.
The panel members named today are:
Royal New Zealand Yacht Squadron
- John Anthony Faire
- Master of the High Court of Auckland, New Zealand; previously managing partner of Stace, Hammond, Grace, Barristers and Solicitors; president of the New Zealand Yachting Federation, 1980-82; member of the RNZYS, with extensive experience of national and international sailing authorities; member of New Zealand America's Cup teams for the Fremantle (1986-87) and San Diego (1988) challenges; current member of the International Yacht Racing Review Board.
- David Lance Tompkins
- Judge of the High Court at Auckland, New Zealand, and of the Court of Appeal of Tonga; past president, Hamilton District Law Society; vice president, New Zealand Law Society; chancellor, University of Waikato; president, Outward Bound Trust of New Zealand; member of the RNZYS and an active racing and cruising yachtsman.
New York Yacht Club
- Robert S. Erskine, Jr.
- Former partner in the law firm of Carter, Ledyard and Milburn; former counsel to the Cruising Club of America and the NYYC; secretary of the NYYC, 1975-80; extensive experience in international sailing and number memberships in international yacht clubs.
- Andrew A. Scholtz
- Formerly president of Scholtz and Co., worldwide commodities trader; member of America's Cup Race Committee, 1977, 1980, 1983; chairman of the NYYC Race Committee, 1991-94; past commodore of the Noroton (Connecticut) Yacht Club; currently senior race officer, U.S. Sailing Association.
Despite the use of the term "nomination" by commodores Heise and Loomis, the four panelists are confirmed and there is no further approval process for them. The two clubs are now seeking recommendations from the challenging syndicates for the fifth panel member.
The Arbitration Panel is new to the 30th defense of the America's Cup. In the past two events, interpretations and disputes were handled by a Trustees' Committee made up of representatives from the current and former Cup holders: San Diego YC, New York YC and Royal Perth YC.
The Arbitration Panel, like its predecessor Trustees' Committee, is being formed to circumvent a repeat of the lengthy legal battle between New Zealand's Michael Fay and San Diego YC in 1987-1990, the first time in the history of the event participants had gone to court to resolve their differences. Previously, disputes had been resolved between the defender and the challenger or challenger of record.
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