Tuesday, 31 July 2007

ACM Nominates Arbitration Panel for 33rd America's Cup

Three people were today given possibly the most unwanted jobs in sailing.

They were presented with the poisoned chalice of arbitrating the protocol and non-sporting/technical issues for the 33rd America's Cup. In doing so, the ACM acted in defiance of the moves being undertaken in the Courts of New York, potentially giving Larry Ellison all the provocation required to justify a much rumoured injunction to prevent any further progress in the organising of an America's Cup in accordance with the ACM's 33rd Protocol (1st edition, perhaps?).

The full content of the release, posted here, can be read below:

Three prestigious members nominated for Arbitration Panel


AC Management (ACM), as the Event Authority for the 33rd America’s Cup, is pleased to announce the nomination of the Arbitration Panel that will resolve disputes in the frame of the 33rd America's Cup, except sporting and technical issues which will be solved by a separate Sailing Jury to be established by the end of the year. The Arbitration Panel will also act as an appeal body for decisions of the Sailing Jury.

The Arbitration Panel will be composed of three members with a long-term experience in sports law: Professor Henry Peter, from Switzerland, who will chair 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. Prof. Henry Peter was also a member of the 31st America's Cup Arbitration Panel.

Arbitration Panel Member Profiles

- Henry Peter
Swiss and French nationality. Obtained a Law Degree (1976-1979) and Diploma of Superior Studies (DES) in commercial law at the Law School of the University of Geneva (1983). He was admitted to the Geneva bar after ranking first among all candidates (November 1981). Was a teaching assistant at the University of Geneva (1982-1983) and visiting scholar at the University of Berkeley, California (1983-1984). Worked with the law firm Carter, Ledyard & Milburn in New York before establishing himself as a Lawyer in Lugano (Ticino, Switzerland) in 1984. Obtained his PhD in Law in Geneva in 1988. Has been partner of his firm since 1988 (currently Peter, Bernasconi & Partners). Since October 1997, is Professor at the Department of commercial law of the University of Geneva and, since 1998, Head of the joint Master in Business Law (MBL) program of the Universities of Lausanne and Geneva.

Since November 2001 he is Vice-Chairman of the disciplinary chamber of the Swiss Olympic Association in charge of doping cases; between 2003 and 2006 he has been Chairman of the Geneva Business Law Association (AGDA); since 2003 he is member of the Swiss experts group on company reorganisation appointed by the Federal Office of Justice. Since 2004 he is member of the Swiss Takeover Board and, since 2007, of the Sanction Committee of the Swiss Stock Exchange (SWX). Since 1994 he is consul of Sweden for the Italian part of Switzerland.

Other merits: Member of the editing board of the Swiss Review of Business Law, member of the board of the Centre of banking and financial law of the University of Geneva, frequently arbitrator in international disputes relating to commercial and sports matters, director of several Swiss and foreign companies.

He is the author, co-author or editor of several books and numerous scientific publications.

- Graham McKenzie
A recently retired partner (1982-2006) in the major law firm Bell Gully, in New Zealand. He obtained a Bachelors of law degree at Victoria University of Wellington (1974) and a Masters of law degree from Warwick University, England (1978). He is a Notary Public. He is admitted as a Barrister and Solicitor in New Zealand and Queensland, Australia.

He has extensive experience of acting for large corporates in share and asset acquisitions relating to either selling or purchasing of existing businesses. He has been involved with a number of substantial joint venture projects in New Zealand and overseas. His corporate experience includes advising a range of corporate sectors including the aircraft, super yacht, construction, food and technology and wine industries.

Mr.McKenzie is a Director of several public companies. He is Deputy Chairman of Saint Kentigern Trust Board (a substantial New Zealand educational Trust) and a Trustee of the Bruce McLaren Trust. He has sailed both competitively and for leisure in New Zealand and the Pacific for many years in a wide range of yachts.

He was a member of the Americas Cup Jury for the 32nd Americas Cup.

- Luis María Cazorla Prieto
Doctor of Law with Special and highest Distinction at the Complutense University, Madrid; Professor doctor of Financial and Taxation Law at the King Juan Carlos University, Madrid, at the present moment, Complutense University, Madrid (1977-1995) and Burgos University (1995-1999); practicing Lawyer, head of practice specialising in Taxation, Business, Administrative, Sport and Labour Law. He was awarded the Grand Cross of San Raimundo de Peñafort (2005), the highest Spanish distinction for a jurist, and the Medal of Sporting Merit (1998).

Cazorla is the author of more than forty books about law, sport, sociology and literature. Throughout his career he has held the following positions: Director General Tax Minister’s Office (1979-1981), Secretary General of Congress of Deputies (1982-1988), Chief Counsel to the Spanish Parliament (1982-1988), Secretary General of the Central Electoral Commission (1982-1988), Vice-president Editorial Committee of Thomson-Aranzadi Press (1998), Member of the COI 2000 Commission of the International Olympic Committee and its Executive Committee (1999), Member of the Juridical Commission of the International Olympic Committee (2000-2002) and the Commission Law and Sport of the Olympic Committee (2005-5007), General Secretary of the Board of Directors of Bolsas y Mercados Españoles, Holding Society of Mercados y Sistemas Financieros, S.A. (Spanish Stock market) (2002), first Vice-president of the Spanish Olympic Committee (2005-2007). He was also Vice-Chairman of the Court of Arbitration of the Spanish Olympic Committee and Vice-president of the Spanish Sport Law Association.


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