KIEL 2011 International Part; Day 6

Kiel-week is actually several regattas in the same week. The first five days are part of the Sailing World Cup, when the Olympic Sailing classes go on the water, the final four days are for many other Classes; The International Part of Kiel week. (and actually bigger, with more boats and more competitors)

Today I was on the off-shore course (Course Alpha, halfway up to Denmark) looking at the X-99’s and Far 30s. Big boats with lots of things happening around the windward mark. I saw a few incidents which should go to the protest room / arbitration.

For the International part arbitration is mandatory. Protestee and Protestor have to get an opinion from an arbiter (provided there’s no damage or injury) and can subsequently accept a 30% penalty and/or withdraw the protest. If they don’t agree, the case will then go to a formal protest hearing.

Sounds as if we are doing double work, you say?

No, not true. If a protest gets solved in arbitration we have at least saved a five person panel half an hour work. Arbitration is done by one person and takes eight to ten minutes.

I’ve tried to introduce arbitration at my local regattas but it never ‘caught on’. Here is works great.

LTW Readers Q&A | Arbitration?

One of my regular readers send me an Email with some questions about Arbitration.

Jos,

Perhaps some of your readers can help me with some questions regarding the Arbitration procedure.

I have checked the ISAFweb site, and the following ISAF Member Nations web sites, CYA(Canada), RYA(Great Britain), US Sailing(USA), and Yachting New Zealand(YNZ)
Here is what I have found so far on the subject of Arbitration.

The CYA has a document on their web site titled "Experimental Arbitration System".

The RYA has a document titled "RYA Racing Best Practices-Rules Disputes" that is quite extensive and thorough in describing their Arbitration procedure. Also, the RYA protest form includes a check box for Arbitration under "Type of Hearing Requested".

US Sailing discusses Arbitration in Chapter 8 of their Judges Manual and has a Judges form titled "Arbitration Report".

The ISAF describes the Arbitration procedure in chaper 10 of their International Judges Manual.

Also there is an ISAF "Racing Rules Reporting Committee" "Submission # 113-03" (not dated but may be from 2003) that recommended that the Appendix 8 (now Chapter 10) of the ISAF Judges Manual become an Appendix to the RRS. Obviously that has not happened.

The New Zealand Yachting federation discusses Arbitration in their "YNZ Regulations". Interestingly though it appears that New Zealand had an Appendix "Z" for the Arbitration procedure in their 2005-2008 rule book. But for 2009-2012 it has apparently been dropped as a prescription and is now their Regulation # 4.5.5. Also, in their (YNZ) Appendix L they include a couple of suggested SI's (1.7 and 16.2) for when Arbitration will be used. I find no other ISAF member nation that has changed ISAF Appendix L.

My questions are as follows.

1. Why is there no ISAF Rules Appendix that describes the Arbitration procedure? Perhaps just advisory in nature, similar to Appendix M, or simply add an Arbitration procedure to Appendix M?
2. Why does the ISAF Appendix L not provide the suggested SI's and text for an SI when Arbitration will be used?
3. And, is there a reader of your blog that can furnish a copy of the text of the YNZ Appendix Z that was apparently a prescription to the New Zealand rules in 2005-2008?
4. Can anyone in New Zealand explain why their Appendix Z of their 2005-2008 rule book was not in the 2009-2012 New Zealand rule book and instead became Regulation 4.5.5?

Thanks
Dick
USA

Dear Dick,

I have no answers for your queries. Locally I've tried arbitration for a couple of years, but it never caught on. Only some of the events - mostly youth classes - use it, in my neck of the woods. They follow pretty much the standard as described in the Judges Manual.


If you can help Dick with his questions, please leave a comment or mail me.

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CAS Decision in 49er Gold Medal

Today around 4pm (Beijing time) the ad hoc Division of the Court of Arbitration for Sport (CAS) published it's decision in the procedure CONI & COE v/ ISAF.

The case was brought by the National Olympic Committees of Spain and Italy against the International Jury for awarding no penalty to the DEN 49er sailing in the Medal Race in the Olympic in the Croatian skiff. You can read my previous post to learn more: Court of Arbitration for Sport will hear 49er Protests.

Let me not keep you in long suspence:
THE CASE HAS BEEN DISMISSED!
Jonas Warrer and Martin Ibsen of Denmark will keep their Gold Medal.

As I suspected yesterday the likelihood of winning for ESP & ITA was very low. The CAS looks at the procedure and format, not at the conclusion of the Jury. As long as all rules for procedure have been followed and the decision is within the scope and jurisdiction of the panel, the CAS will not change the outcome. We will have to wait a little longer for the grounds of the CAS. I will keep a lookout and post about that, when it comes available.

If you are interested in the work the Court of Arbitration for Sports, have a look at their web site: http://www.tas-cas.org/news

 

The following Press release was posted:

PRESS RELEASE (12)
SAILING - SKIFF DINGHY 49ER
THE APPLICATIONS FILED BY THE NOCS OF ITALY AND SPAIN DISMISSED BY THE COURT OF ARBITRATION FOR SPORT (CAS)

Beijing, 23 August 2008 – The ad hoc Division of the Court of Arbitration for Sport (CAS) has today dismissed the applications filed by the Italian Olympic Committee (CONI) and the Spanish Olympic Committee (COE) against two decisions of the International Jury of the International Sailing Federation (ISAF) related to the gold medal race of the 49er event which took place on 17 August 2008.
A panel of CAS arbitrators composed of Dr Stephan Netzle, (Switzerland), President, Prof. Richard McLaren (Canada) and Ms Margarita Echeverria (Costa Rica) heard the parties today between 9.00am and 2.00pm as well as the representatives of the Danish NOC, as interested party. After having deliberated, the CAS arbitrators announced that both applications were dismissed and that the decisions rendered by the ISAF International Jury concerning that event and dated 18 and 19 August 2008 were confirmed. The CAS decision with the grounds will be published on the CAS website before the closing of the Olympic Games.

This procedure followed an incident which occurred before the gold medal race in the 49er class event on 17 August 2008. Shortly before the start of the race, the Danish team (Warrer/Ibsen) was sailing towards the start line when the mast of their boat broke. As a consequence, the Danish team decided to use the boat of another team (Croatia) which had not qualified for the gold medal race. The Danish team finished 7th in the gold medal race and was ranked first in the overall ranking of this event. The Spanish team, which obtained the silver medal and the Italian team, which was ranked fourth, as well as the Race Committee, filed various protests which were all rejected by the ISAF International Jury. The two NOCs then requested the CAS to annul the ISAF International Jury decisions, to declare that the Danish team was not entitled to take part in the gold medal race, to disqualify the Danish team and to re-allocate the Olympic medals to the Spanish team (gold medal), to the German team (silver medal) and to the Italian team (bronze medal).

Court of Arbitration for Sport will hear 49er Protests

On the web site of the CAS the following press release was posted:
_____________________________________

PRESS RELEASE (10)

SAILING - SKIFF DINGHY 49ER
THE NOCS OF ITALY AND SPAIN REQUEST THE COURT OF ARBITRATION FOR SPORT (CAS) TO DISQUALIFY THE DANISH TEAM FROM THE RACE AND TO RE-ALLOCATE THE OLYMPIC MEDALS

Beijing, 21 August 2008 – The ad hoc Division of the Court of Arbitration for Sport (CAS) has received an application from the Italian Olympic Committee (CONI) and the Spanish Olympic committee (COE) against two decisions of the International Jury of the International Sailing federation (ISAF) related to the gold medal race of the 49er event which took place on 17 August
2008.

Shortly before the start of the gold medal race in the 49er class event on 17 August 2008, the Danish team (Warrer/Ibsen) was sailing towards the start line when the mast of their boat broke. As a consequence, the Danish team decided to use the boat of another team (Croatia) which had not qualified for the gold medal race. The Danish team finished 7th in the gold medal race and was ranked first in the overall ranking of this event. The Spanish team, which obtained the silver medal and the Italian team, which was ranked fourth, as well as the Race Committee, filed various protests which were all rejected by the ISAF International Jury. The two NOCs request the CAS to annul the ISAF International Jury decisions, to declare that the Danish team was not entitled to take part in the gold medal race, to disqualify the Danish team and to re-allocate the Olympic medals to the Spanish team (gold medal), to the German team (silver medal) and to the Italian team (bronze medal).

The panel of CAS arbitrators appointed to hear this matter is composed of Dr Stephan Netzle, (Switzerland), President, Prof. Richard McLaren (Canada) and Ms Margarita Echeverria (Costa Rica).
A hearing in this matter will take place on 23 August 2008 at 09.00am. The hearing is not open to the public.

________________________________________
I don't think this was the sailors who instigated this appeal. From the stories on the blogs and forums I gather it is the National Olympic Committees from Spain and Italy who are under pressure to produce results.

From a rules point of view, Denmark fulfilled all it's obligations to obtain permission to use replacement equipment. The International Jury has examined the other rule infringements - like sailing without proper identification, no camera on board and such, but found no advantage in those and gave no penalty.

Spain won the medal race, so it is very hard pressed to see how they have been disadvantaged in the race itself. They have been disadvantaged in the series, by not winning the Gold medal.

As far as I'm aware the CAS will not look at the facts found, conclusion and decision of the jury. They will examen if the procedures and rules regarding hearings were followed and all had a change to bring evidence according to the regulations and rules governing such things.
They will answer the question: handled the International Jury these protests according to the rules?

I'll keep an eye out on the verdict.

RYA Arbitration advise

The RYA has already a long standing policy to be more "flexible" towards the whole protest hearing issue, mentioned in yesterdays post. I was send a file called RYA RACING BEST PRACTICES Arbitration.doc by one of my readers (thanks Mike!) in which their advise on arbitration is outlined. I haven't had time to study the whole document, but already found the last page very interesting. It's a changed template of the backside of a protest form adapted for Arbitration. The RYA is working on an updated version, which will become available on their website soon.

Update 22/06/2009 at 18:44
Sooner rather then later the updated version has become available!
On this page of the RYA website, you can find the 2009 version together with a standard and comprehensive protest-form.

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