America's Cup - WIPO Provides Online Dispute Resolution Facility

• Author: Dina Leytes
• Position: WIPO Arbitration and Mediation Center

The "Holy Grail" of the yachting world culminates with the final regattas in Valencia, Spain, from April 16 to July 7. It is the 32nd America's Cup, the renowned international sailing competition, which originated in 1851 and is considered to be the oldest active trophy in international sport, predating the Modern Olympics by 45 years. The 32nd America's Cup began in 2004 when the Société Nautique de Genève - the yacht club that won the 31st America's Cup and therefore currently holds the trophy - accepted the challenge to a new competition. Twelve boats from ten countries, incorporating the latest designs and technology, are competing in the 32nd America's Cup.

So what does this have to do with WIPO?

Under the America's Cup Jury (ACJ) Rules of Procedure, the ACJ is responsible for resolving disputes that may develop involving competitors and provides guidance in rule interpretation. The ACJ is comprised of five members from five countries and assisted by a Jury Secretary. Following a request from the America's Cup Management, WIPO has created in-house a customized web-based facility for use in the 32nd America's Cup to facilitate efficient dispute resolution under the ACJ Rules of Procedure. This application is modeled on the WIPO Electronic Case Facility (ECAF), a user-friendly and practical web-based tool that the WIPO Arbitration and Mediation Center makes available to parties at their request.

Adapting the ECAF model

The regular WIPO ECAF is available for cases arising under the WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules. With the WIPO ECAF, parties, neutrals, and the Center may securely file, store, search and retrieve case-related submissions in an electronic docket from anywhere in the world and at any time. When a submission is made, all parties receive an e-mail alert and may view the docket. The WIPO ECAF also aids case management by providing - in addition to the online docket - case overview, time tracking and finance information.

Similarly, ECAF's customized ACJ interface allows an at-a-glance overview of all cases filed, and for each case, a comprehensive listing of all submissions by parties, as well as Jury notices and decisions. When a submission is made through the ACJ ECAF, all participants receive an e-mail notification. Information stored on the ACJ ECAF may be accessed by all approved participants, namely...