JURY -- ACJ-003, Final Decision

The 21-page final decision in ACJ-003 was issued this afternoon as Jury Notice 016, and is available in full here.

Ruling Summary

[161] The answers to the two questions submitted by El Reto are:

Question (i):

“(i) Is a Competitor permitted to employ a designer who has previously been engaged by a potential challenger, without restriction on what the designer has done for the potential challenger?

Answer:

No. The Competitor is prohibited by Protocol 13.5 from engaging a Designer as defined by 1.1(I) of the protocol, provided that the potential challenger becomes a Competitor. If the potential challenger does not become a Competitor, there is no restriction.

Question (ii):

“Only in the event that the answer to (i) is no:

(ii) Is El Reto able to continue its engagement with Mr Kaiko as designer?

Answer:

No. The Jury is satisfied that while engaged by Mascalzone Latino, Mr Kaiko was a Designer as defined by Protocol 1.1(l) and the Interpretation by the Jury in its decision ACJ001. As a consequence, Protocol article 13.5 prohibits other Competitors from engaging Mr Kaiko.

[162] Total costs awards of €134000 are to be paid by El Reto to ACM with in 30 days of the date of this Decision.

America’s Cup Jury: Gabrielle Kaufmann-Kohler, Graham McKenzie, Henry Menin, David Tillett, Bryan Willis (chairman)