Rule T2: ARBITRATION MEETING

Section T — Arbitration

All or part of this appendix applies only if the notice of race or sailing instructions so state.

Arbitration adds an extra step to the protest resolution process but can eliminate the need for some protest hearings, thus speeding up the process for events in which many protests are expected. Further guidance on arbitration can be found in the World Sailing Judges Manual, which is available on the World Sailing website.

ARBITRATION MEETING

An arbitration meeting will be held prior to a protest hearing for each incident resulting in a protest by a boat involving one or more rules of Part 2 or rule 31, but only if each party is represented by a person who was on board at the time of the incident. No witnesses will be permitted. However, if the arbitrator decides that rule 44.1(b) may apply or that arbitration is not appropriate, the meeting will not be held, and if a meeting is in progress, it will be closed.

Definitions in Context

Party

A party to a hearing is

(a) for a protest hearing: a protestor, a protestee;
(b) for a redress hearing: a boat requesting redress or for which redress is requested; a boat for which a hearing is called to consider redress under rule 61.1; a committee acting under rule 61.1;
(c) for a redress hearing under rule 61.4(b)(1): the body alleged to have made an improper action or improper omission;
(d) a person against whom an allegation of a breach of rule 69.1(a) is made; a person presenting an allegation under rule 69.2(e)(1);
(e) a support person subject to a hearing under rule 62 or 69; any boat that person supports; a person appointed to present an allegation under rule 62.2.

However, the protest committee is never a party.

Protest

An allegation made under rule 60 by a boat or a committee that a boat has broken a rule.

Rule

(a) The rules in this book, including the Definitions, Race Signals, Introduction, preambles and the rules of relevant appendices, but not the Basic Principles or titles;
(b) World Sailing Regulations that have been designated by World Sailing as having the status of a rule and are published on the World Sailing website;
(c) the prescriptions of the national authority, unless they are changed by the notice of race or sailing instructions in compliance with the national authority’s prescription, if any, to rule 88.2;
(d) the class rules (for a boat racing under a handicap or rating system, the rules of that system are ‘class rules’);
(e) the notice of race;
(f) the sailing instructions; and
(g) any other documents that govern the event.