JURY -- JN-013, Oral Summary of the Final Decision in Application ACJ-003

Jury Notice 013 was issued today and is posted here. The text follows:

In El Reto’s Submission, the Jury was asked to answer the question: ‘Is El Reto able to continue its engagement with Mr Kaiko as designer?’

An oral hearing was held on 2nd and 3rd May 2005 at the Royal Thames Yacht Club, Knightsbridge, London.

Transcript of the oral Summary of the Decision

The Jury is satisfied that while engaged by Mascalzone Latino, Phil Kaiko was a Designer as defined by Protocol 1.1(l) and the Interpretation by the Jury in its decision ACJ001.

As a consequence, he is restricted by Protocol article 13.5 from working as a Designer for another Competitor.

Therefore the answer to El Reto’s Question is ‘No’.

With respect to Costs (Protocol article 21.3) all parties (i.e. El Reto, Mascalzone Latino, other Competitors, ACM, and the Technical Director) are invited to make submissions in regard to the Award of Costs. However, in respect to Mascalzone Latino’s submission, the Jury is not minded to award compensation of either party’s own costs. In making a submission on the question of costs, parties might want to differentiate between Question 1 & 2. Submissions on the award of costs must be received by the Jury by Friday 13th May.

A written decision with reasons will then follow.

[signed]

Bryan Willis

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