America’s Cup: DeRidder’s Appeal Denied
Published on September 15th, 2013
Following the decision by the America’s Cup international jury on September 3 to ban Oracle Team USA wingsail trimmer Dirk from the regatta, a result of the penalty the team incurred due to infractions during the AC World Series, an initiative to seek reinstatement has failed.
With the assistance of legal counsel, DeRidder made an urgent plea before the ISAF Review Board that he was not afforded procedural due process by the Jury, and that the Jury decision should be overturned.
On 9 September 2013, the Registrar received a notice of appeal from Mr Dirk de Ridder (NED) concerning his exclusion under Racing Rule of Sailing (America’s Cup Edition) 69 from the 34th America’s Cup. Review Board Chairman Dieter Neupert issued the following decision on September 12, 2013:
4.1 In light of the urgency of this case, the Review Board issues this decision now with brief
4.2 The Review Board does not consider that Mr de Ridder’s Competition Eligibility and/or ISAF Eligibility have been suspended (see definition of “eligibility” in Article 79.1 of the ISAF
Constitution and the definitions of those terms in ISAF Regulation 19). Exclusion from the event under RRSAC 69 is not a suspension of Competition Eligibility or ISAF Eligibility.
4.3 Only an ISAF Member National Authority or ISAF itself (acting through the Disciplinary Commission) may suspend eligibility and neither body has done so at this stage.
4.4 With respect to the decision of the International Jury under RRSAC 69, the Review Board notes the decision of the International Jury is “final and binding” as per Article 15.13 of the Protocol governing the 34th America’s Cup.
4.5 Consequently the jurisdiction of the Review Board is not engaged at this time and it has no authority to grant the relief Mr de Ridder seeks. If Mr de Ridder’s Competition Eligibility and/or ISAF Eligibility are suspended at a later date by his Member National Authority or the ISAF isciplinary Commission, then the right of appeal to this Board will arise.
4.6 Therefore the Review Board unanimously orders:
(a) the appeal is dismissed for lack of jurisdiction at this time;
(b) more detailed reasons will be given in due course;
(c) this decision is final and binding; and
(d) the Registrar is to communicate this decision to Mr de Ridder forthwith.