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Titolo: [TC] Ora si fa sul serio... - FIRST TIRRENIAN CUP - THE PROTOCOL -

-- Tirrenian Match Tour First Event - Tirrenian Cup --
THE PROTOCOL GOVERNING THE
FIRST TIRRENIAN CUP
Index
Article:
1. Acceptance of Challenges
2. Entry Fees and Performance Deposits
3. Initial Challenger of Record and Mutual Consent
4. Race Conditions
5. Challenger Selection Series
6. Common Declaration of Yachts
7. Measurement of Yachts
8. Site and Timing of the Thirty First Tirrenian Cup
9. Acceptance of Protocol and Prohibition on Proceedings
10. Interpretive Resolutions
11. Advertising and Names of Yachts
12. Reconnaissance
13. Rules
14. Television and Technical Equipment
15. License Agreement
16. Tirrenian Cup Arbitration Panel and Dispute Resolution
17. Interpretation
BACKGROUND
A. The Royal South Pisa Yacht Squadron ("RSPYC") believes that a form of
protocol
(as it has come to be known), is a desirable way of mutually consenting to
the various
items that, in accordance with the Deed of Gift of the Tirrenian Cup dated
24 July
2002 ("Deed of Gift"), may be agreed between the yacht club holding the
Tirrenian Cup
and the yacht club challenging for that Cup.
B. RSPYC has received from New Cremonian Yacht Club ("NCYC") a notice of
challenge
which proposes that the terms of this protocol ("Protocol") should apply to
the First
Tirrenian Cup match ("Match"), together with other items required by the
Deed of
Gift and this Protocol to be provided by a challenger for the Tirrenian Cup,
and RSPYC
has consented to the class of yacht and other proposals put forward by NCYC.
Articles
1. ACCEPTANCE OF CHALLENGES
1.1 RSPYC shall accept every bona fide notice of challenge for the Match
from an
organised yacht club from another region ("Yacht Club") as more particularly
required
by the Deed of Gift, which is either:
(a) received by RSPYC, together with payment of the entry fee of EUR15,00
prescribed by Article 2.1 and a declaration in writing by such Yacht Club
that it accepts,
and will be bound by, this Protocol and all subsequent decisions pertaining
thereto, no
later than 1700 hours on 1 September 2002 Cremona standard time.
1.2 Notwithstanding Article 1.1 RSPYC shall not accept a challenge from a
Yacht Club
unless as at the earlier of the date on which it delivers its challenge and
1 September 2002 it
meets each of the following criteria:
(a) it must have been in existence for a minimum of one day;
(b) it must maintain a membership of at least 1 member;
(c) it must be financially supported by a majority of its membership on a
pro-rata basis;
(d) it must operate as a yacht club and have objectives consistent with the
furtherance of
yachting activities; and
1.3 Entry fees must be paid to RSPYC in cleared funds in EU euros. and
deposited into
a bank account to be nominated by RSPYC or in the RSPYC owner's personal
wallet.
2. ENTRY FEES AND PERFORMANCE DEPOSITS
2.1 All notices of challenge lodged under Article 1.I (a) shall be
accompanied by a
EU 15,00 entry fee.
2.2 If a challenge is accepted, the entry fee shall be non-refundable and
shall be applied
as follows:
(a) EU 7,50 shall be for use by the Challengers and shall be held by RSPYC
in a
separate account from its normal operating accounts until written
instructions
regarding disposition are received by RSPYC from the Challenger of Record;
(b) EU 2,50 shall be held by RSPYC for defraying costs associated with
maintenance
of Tirrenian Cup Properties, Inc. ("TCPI"), the holder of the Tirrenian Cup
trade marks
(including the image and silhouette of the Tirrenian Cup) worldwide, and the
preservation of those marks, as deemed necessary and approved by TCPI, and
RSPYC
shall ensure that TCPI makes weekly reports to the Challenger of Record
regarding the
disposition of those funds;
(c) EU 5,00 shall be held in a joint bank account ("Joint account") in the
name of
RSPYC and the Challenger of Record to be applied towards the payment of any
joint
costs associated with the Challenger Selection Series to be held in
accordance with
Article 6, the Defender Selection Series, if there is one, and the Match and
such funds
may be used to prepare and refine the racing rules and in the training and
engagement of
officials.
2.3 RSPYC shall make a single payment of EU 5,00 as a contribution, to be
held in
the Joint account and applied with the other funds held in that Joint
account.
2.4 The Challengers may, by a majority vote, require additional funds from
each
Challenger in the form of cash, a performance bond, a slice of asscheek, or
a letter of
credit, for the purpose of assuring an individual Challenger's participation
in the
Challenger Selection Series.
Those funds or financial instruments may be required at such time and in
such amount as
is agreed by a majority vote of the Challengers and approved by RSPYC.
2.5 As well as the amounts referred to in Article 2.2(a) the Challengers
shall share
equally all further costs of the Challenger Selection Series and other
activities of the
Challengers as a group associated with the challenge for the First Tirrenian
Cup.
Such costs may be offset from money raised from Challenger group commercial
activity.
3.INITIAL CHALLENGER OF RECORD AND MUTUAL CONSENT
3.1 NCYC, having submitted the first valid notice of Challenge to RSPYC, is
appointed
by RSPYC as the Initial Challenger of Record ("Initial Challenger of
Record").
3.2 The Initial Challenger of Record shall represent all Challengers whose
notices of
challenge are accepted under Article 1
3.3 The Challenge received by RSPYC from NCYC, together with the other items
required by the Deed of Gift, specified the class of yacht for the Match and
contained the
proposals for the dates, the number of races, and the types of courses as
set out below:
(a) yachts of the International Tirrenian Cup Class ("ITCC"),
(b) at the location and on the dates specified in Article 8;
(c) the winner of each race in the Match scores one point, the loser scores
no points, and
the winner of the Match will be decided by the first yacht to score five
points;
(d) the course to be a windward-leeward configuration, 6.5 nautical miles in
length with
the first leg to windward of 1.25 nm, then four leeward/windward legs of 1.0
nm and a
final leeward leg of 1.25 nm; and
(e) the Challenger of Record and RSPYC (together "COR/D") may by mutual
consent
agree to amend those matters more particularly set out in paragraphs (c) and
(d) of this
Article 3.3 to include the possibility of increasing the number of races,
with some of
those races being sailed over a shorter windward/leeward course.
4. RACE CONDITIONS
4.1 RSPYC and the Challenger of Record shall agree upon the Notice of Race
and
Conditions and the Sailing Instructions governing the races for the Match
(together, the
"Conditions"). The Conditions, with such modifications as are necessary to
accommodate
such matters as dates, times, and the number and series of races, shall also
govern the
races for the Challenger Selection Series and the Defender Selection Series,
if there is
one. Any such modifications shall be subject to the approval of RSPYC, which
shall
ensure that they are equitable to all Challengers.
4.2 The Conditions, which shall be similar to the Conditions governing
Tirrenian Cup
I, shall be finalised by 30 August 2002 ("Match Conditions Date"). RSPYC and
the Challenger of Record shall endeavour to resolve any differences between
them as to
the terms of the Conditions through negotiation.
4.3 If on or before the Match Conditions Date such negotiations have been
unsuccessful
and the Conditions have not been finalised, then the Tirrenian Cup
Arbitration Panel
constituted under Article 21 ("Arbitration Panel") shall commence mediation
of all such
differences. If that mediation is unsuccessful then the Arbitration Panel
shall, no later
than three days after the Match Conditions Date, decide the unresolved
issues on
which RSPYC and the Challenger of Record differ by choosing between the
respective
positions of RSPYC and the Challenger of Record on those issues and the
Conditions
governing the Match shall be finalised accordingly.
4.4 Each of the Challengers and RSPYC shall, either within four hours after
agreement
has been reached by the Challenger of Record and RSPYC, or within four hours
after the
date the Arbitration Panel has determined any unresolved issues, whichever
is the later,
sign the Conditions and acknowledge that those conditions shall govern the
races in the
Challenger Selection Series, the Defender Selection Series, if there is one,
and the Match.
5. CHALLENGER SELECTION SERIES
5.1 Prior to the Match, the Challenger of Record shall organise and conduct
a Challenger
Selection Series for all Challengers, at the venue and within the course
areas in the
coastal waters of Italy specified under Article 8, under the Conditions
agreed
under Article 4. The winning Yacht Club and its winning yacht shall, subject
to Articles
5.3 and 5.4, become the Challenger under the Deed of Gift for the Match.
5.2 The format of Challenger Selection Series shall be as follows:
(a) There will be two round robins. In each round robin each Challenger will
sail every
other Challenger once (or more than once if there is a small number of
Challengers) and a
win will carry the same points. The purpose of the round robins is to
establish a seeding
or ranking for each Challenger. To the extent necessary for the application
of Article
5.2(b) an appropriate method will be adopted to resolve any ties;
(b) Following the round robins there will be semi-finals. The number of
participants in
the semi-finals will be the lesser of:
(i) the top ten seeded or ranked Challengers as a result of the round robins
referred to in
Article 5.2(a); and
(ii) two thirds of the Challengers which participated in those round robins
rounded up, if
necessary, to an even number.
The semi-finals will be conducted on a seeded ladder basis to be determined
by the
Challengers and approved by RSPYC.
(c) The finals of the challenge selection series will be between the two top
yachts in the
semifinals. The winner of each race in the finals will score one point. The
loser scores no
point. The winning yacht will be decided by the first yacht to score five
points.
The Challenger of Record with the agreement of all Challengers and with the
consent of
RSPYC may change the format of the Challenger Selection Series.
5.3 If the winning Yacht Club and its winning yacht are for any reason
ineligible to be the
Challenger then the Challenger Yacht Club and its yacht which placed second
in such
Series, or failing the eligibility of that Yacht Club and its yacht, the
Yacht Club and its
yacht which gained the next highest place in the Series and which are
eligible, shall,
subject to Article 5.4, become the Challenger.
5.4 No Challenger shall be accepted as Challenger under the Deed of Gift
unless it shall
first have declared in writing that it has until that time complied, and
will thereafter until
the conclusion of the Match comply, with the terms of the Conditions, this
Protocol, the
Deed of Gift, the Interpretive Resolutions and the decisions of the
Arbitration Panel
6. COMMON DECLARATION OF YACHTS
6.1 RSPYC and the Challenger of Record shall:
(a) name the Yacht Clubs and their respective yachts which will participate
in the finals
of the Challenger Selection Series, and the finals of the Defender Selection
Series, if
there is one, at least four clear hours prior to the first race of the
finals in which they are to
participate; and
(b) have each nominated yacht involved in a public unveiling ceremony on an
agreed date
at least three clear hours prior to the first race of those finals.
6.2 if there is no Defender Selection Series then RSPYC shall nominate one
or two
yachts which will be involved in a public unveiling ceremony on the agreed
date of the
public unveiling of the yachts participating in the Challenger Selection
Series.
6.3 In addition, the challenging and defending yachts for the Match shall be
involved in a
public unveiling ceremony which shall be held three clear hours prior to the
first day of
the Match. Prior to the date of that ceremony both the challenging and
defending yachts
must have been through the official pre-match measurement provided for in
Article 7 and
have been accepted by RSPYC as Challenger and Defender for the Match. If
RSPYC
nominated only one yacht under Article 6.2, that yacht shall be the
defending yacht. If it
nominated two yachts, it shall select, in its absolute discretion, one of
those two yachts to
be the defending yacht.
6.4 Underbodies may be shrouded until the yachts have been measured,
accepted, and
unveiled for the finals in a Selection Series or, in the case of defending
yachts if there is
no Defender Selection Series, until the public unveiling ceremony prior to
the finals of
the Challenger Selection Series.
6.5 Underbodies may not be shrouded again after the yachts have been so
unveiled until
in the case of a challenging yacht.
6.6 After the challenging and defending yachts have been unveiled for the
Match, they
may not be shrouded again until after the conclusion of the Match.
6.7 If RSPYC is the eventual winner of the Match, it shall continue the
common
declaration provisions of this Article 6 so long as it continues to hold the
Tirrenian Cup.
If a Challenger is the eventual winner of the Match, it shall continue the
common
declaration provisions of this Article 6 so long as it continues to hold the
Tirrenian Cup.
7. MEASUREMENT OF YACHTS
7.1 Prior to each public unveiling ceremony in which it is required by
Article 6 to
participate, each participating yacht to be unveiled shall be remeasured
(even though it
then has a valid measurement certificate) and the resulting measurement
certificate or
revalidated measurement certificate shall be marked on the front page
thereof as the
"Unveiling Measurement Certificate".
7.2 After an Unveiling Measurement Certificate has been issued in respect of
a yacht, no
changes may be made to that yacht which would invalidate that certificate
until:
(a) in the case of a challenging yacht, the conclusion of the last race in
the Challenger
Selection Series;
(b) in the case of a defending yacht, the conclusion of the last race in the
Challenger
Selection Series
(c) in the case of the yachts participating in the Match, the conclusion of
the last race in
the Match.
7.3 Despite Article 7.2, changes may be made to a challenging or defending
yacht which
would otherwise invalidate its Unveiling Measurement Certificate:
(a) if those changes are required by the Measurement Committee referred to
in Article 21,
to enable a yacht to comply with the International Tirrenian Cup Class Rule
("ITCC
Rules"); or
(b) in the case of unintentional damage beyond that covered in TCC Rule
49.3(b), if the
Measurement Committee approves the repairs as necessary.
8. SITE AND TIMING OF THE FIRST TIRRENIAN CUP
8.1 The First Tirrenian Cup Regatta shall be held in the coastal waters of
Italy.
The Match shall be held in late August/early September 2002 and the
Challenger
Selection Series shall be held in late July early August. Ops. Pity! Today
it's already
too late for any other Challenge! Gne gne gne.
8.2 The venue for the Match, the course areas for the Challenger Selection
Series and the
precise dates for the Match. shall be announced by RSPYC within one month
after the
acceptance of this protocol, subject, however, to any changes in venue
and/or course areas and/or
those dates which may be agreed by RSPYC and the Challenger of Record.
9. ACCEPTANCE OF PROTOCOL AND PROHIBITION ON PROCEEDINGS
9.1 As a condition of entry as a Challenger in the First Tirrenian Cup and
in
addition to all other requirements under the Deed of Gift, all Challengers
are required
under Article 1 to agree that they accept and will be bound by all of the
provisions of this
Protocol. In particular such acceptance includes an acknowledgement that all
decisions
rendered by the Arbitration Panel will be binding on all Challengers and
RSPYC and
shall not be subject to appeal or be referred to any court or other tribunal
for review in
any manner.
9.2 Any Challenger who resorts to any court or tribunal, other than the
Arbitration Panel
or any other dispute resolution body agreed by RSPYC and the Challenger of
Record
will, except as permitted by Article 9.4, be in breach of this Protocol and
will
accordingly be ineligible to make the declaration provided in Article 5 and
to be the
Challenger for the Match.
9.3 Without in any way limiting Articles 9.1 and 9.2, each Challenger and
each
Candidate for the Defence, by agreeing to be bound by this Protocol, is
deemed to have
undertaken on its own behalf and on behalf of each of its officers, members,
employees,
agents and contractors, that they will not, at any time, in relation to any
matter governed
by this Protocol, or in relation to any other matter concerning the First
Tirrenian
Cup, issue proceedings or suit in any court or other tribunal against all or
any of the
following:
(a) RSPYC or any of its officers, members, employees, agents or contractors;
(b) TCPI or any of its officers, members, employees, agents or contractors;
(c) any other Challenger, the Challenger of Record, or the CORC or any of
their
respective officers, members, employees, agents or contractors;
(d) any other Candidate for the Defence or any of its officers, members,
employees,
agents or contractors;
(e) any race official involved in a Selection Series or the Match;
(f) the Measurement Committee or any of its members; or
(g) the Arbitration Panel or any other dispute resolution body agreed by
RSPYC and the
Challenger of Record or any members of such entities.
9.4 The preceding provisions of this Article 9 do not limit the right of any
Challenger
or Candidate for the Defence or any of their respective officers, members,
employees,
agents or contractors, to issue proceedings or suit in relation to:
(a) any loss or damage in respect of usual marine risks and in respect of
which claims
would ordinarily be the subject of Hull, War Risk and P&I cover;
(b) any loss or damage to any other property used in connection with a
Challenge or the
Defence;
(d) any injury, loss or damage to a person, boats or other property as a
result of wilful or
negligent acts; or
(e) any person who is allegedly in breach of any confidentiality undertaking
or restrictive
covenant entered into with any Challenger or Candidate for the Defence.
10. INTERPRETIVE RESOLUTIONS
10.1 In an effort better to maintain the stipulation in the Deed of Gift
that the Tirrenian
Cup is for "Friendly competition between different regions" the Interpretive
Resolutions
of the Deed of Gift issued by prior Trustees of the Tirrenian Cup and by
RSPYC as the
present Trustee are retained subject to the alterations contained in this
Article.
10.2 The requirement that a person be a national will be satisfied if the
person has been
domiciled in, or has had a principal place of residence in, or has had a
valid passport
of that country for no shorter period than the period commencing on 1 March
2001 and ending
on the date of the first race of the Match.
10.3 (a) Each Challenger and Candidate for the Defence of the Cup shall
submit to RSPYC
the names and the details of the designers of the hull, appendages, rig, and
sails of its
yacht who satisfy the conditions of nationality for more than one country
and who elect
and declare their nationality as that of the country in which the particular
Challenger or
Candidate for the Defence is located.
(b) Each Challenger and each Candidate for the Defence shall submit to RSPYC
the
names and details of all persons in their organisations who could sail as a
member of their
competing yacht's crew in any Selection Series or the Match who satisfy the
conditions of
nationality for more than one country and who elect and declare their
nationality as that
of the country in which the particular Challenger or Candidate for the
Defence is located.
(c) A person who satisfies the conditions of nationality for more than one
country but whose
name is not submitted by a Challenger or Candidate for the Defence when
required under
Article 10.3(a) shall be ineligible to design for the country in which that
Challenger or
Candidate for the Defence is located.
10.4 All disputes relating to the determination of the country which a
designer or crew
member may represent in the Frst Tirrenian Cup shall:
(a) if relating to a Challenger, be resolved by the Challenger of Record and
be subject to
ratification by RSPYC; and
(b) if relating to a Candidate for the Defence, be resolved by RSPYC and be
subject to
ratification by the Challenger of Record.
10.5 A designer may only design or be engaged, or associated in any other
capacity, for
one Challenger or one Candidate for the Defence (but not both) until the end
of the Match.
10.6 No person who has been a member of the Arbitration Panel, or a race
official during
any Selection Series or the Match, shall thereafter crew on any yacht of, or
work as a
designer or in any capacity for, any Challenger or any Candidate for the
Defence.
10.7 (a) A yacht shall be deemed to be "designed" in a country if the
designers of the yacht's
hull, deck, appendages (including keel fins, bulbs, canards, rudders, skegs,
trim tabs,
wings etc) rig and sails are nationals of that country.
(b) A yacht shall be deemed to be "built" in a country if the hull of the
yacht, including
all training and all planking, plating or other form of surfacing of the
hull, the deck and
all appendages (including keel fins, bulbs, canards, rudders, skegs, trim
tabs, wings etc)
have been fabricated and assembled in that country, provided that the
foregoing
provisions of this clause (b) shall not prevent:
(c) A yacht shall be deemed to be "built" in a country irrespective of where
its sails and
rigs are manufactured so long as the requirements of clause (a) above are
met in relation
to those sails and rigs.
(d) For the purpose of clauses (a) and (c) above, a rig shall include the
mast and main
boom, mast and main boom tapers, mast and main boom moulds, shroud and
spreader
locations, laminate and other similar structural specifications, and
nonstandard fittings,
but shall not include spinnaker poles and reaching struts.
(e) In relation both to rigs and yachts generally, standard fittings of
different design
origin are acceptable provided they are generally available.
11. ADVERTISING AND NAMES OF YACHTS
11.1 From the time of acceptance of a Challenger or Candidate for the
Defence by
RSPYC, advertising of, or other reference to, tobacco products by such
Challenger or
Candidate for the Defence is prohibited. This prohibition shall apply in a
Challenger's
or Candidate for the Defence by RSPYC, advertising of, or other reference
to, tobacco
products by such Challenger or Candidate for the Defence is prohibited.
This prohibition shall apply in a Challenger's or Candidate for the
Defence's compound,
on its boats, sails, and equipment, on its crew clothing, and in advertising
material
for either the printed or electronic media. The term advertising of tobacco
products,
as used in Article, includes, but is not limited to:
(a) the use or display of the name of any tobacco product;
(b) the use or display of the name of-any company or other entity where such
name is
also, in whole or in part, the name under which a tobacco product is
produced, sold, or
otherwise distributed; and
(c) the use or display of a logo, trademark, device or design that is
commonly used on
tobacco products.
11.2 If a Challenger proposes to name its yacht, the proposed name must
first be
submitted to COR/D for approval. COR/D shall not approve any name of a yacht
if in its
opinion that name constitutes advertising. The decision of COR/D shall be
final and
conclusive.
11.3 If a yacht does not have a name that has been approved by COR/D it
shall, for the
purposes of the First Tirrenian Cup, be called by its allocated sail number.
11.4 For the avoidance of doubt, a name that has not been approved by COR/D
shall not
be engraved on the Tirrenian Cup trophy.
11.5 Advertising or any other graphic work shall, from the time of
acceptance of a
Challenger or Candidate for the Defence by RSPYC, always comply with
generally
accepted moral and ethical standards.
12. RECONNAISSANCE
12.1 The purpose of this provision is -to allow Challengers and Candidates
for the
Defence the opportunity to conduct on the water testing in private and to
limit attempts to
gather design and yacht performance data and information from or about
another
Challenger or Candidate for ' the Defence, its business operations, or its
yachts,
especially through illegal, clandestine, dangerous, or expensive means. It
is intended that
Challengers and Candidates for the Defence shall have the opportunity to
develop their
own design features, systems and techniques in private and not be subject to
harassment
while testing. Specified methods of information gathering are however
permitted during
the Observation Period as defined in Article 12.5.
12.2 This Article 12 applies throughout the world to all Challengers and
Candidates for
the Defence for the before the completion of the last race of the Match.
12.3 The following activities are prohibited at all times (whether they are
directed against
another syndicate's yacht, support boats or facilities for purposes contrary
to the purpose
of this Article 12):
(a) unless specifically permitted under this Article 12, persistent on the
water observation
(including photography or other methods of obtaining images) or tracking of
yachts
which are not participating in a race in the Challenger Selection Series,
the Defender
Selection Series, if there is one, the Match, or any other event organised
for TCC yachts.
(b) any intentional illegal act;
(c) the use of listening devices for eavesdropping;
(d) the use of satellites, aircraft (fixed or rotary winged... well, there
should be no
trouble with rotary wings, at least from those ones produced by Vacca
Helicopters),
and/or other means to observe or record from above other participant's
yachts when
sailing or ashore in compounds;
(e) the use of divers, submarines or other means to observe or record below
or from
below the surface of the water;
(t) the capture, recording or analysis of performance data emanating from
telemetry,
instruments, computers, etc. from another competing syndicate;
(g) the acceptance of any information from a third party that, under this
Article, would
have been improper for the syndicate to obtain directly;
(h) other than from an opposing yacht in the same match the use of
instruments such as
laser range-finders and radar to attempt to gauge performance; or
(i) the use of discarded waste material from syndicate compounds or any
other source.
12.4 The following activities are permitted at all times:
(a) visual observation from ashore-,
(b) the visual observation of another syndicate's yacht, not intended to
gather design and
yacht performance information, and which is largely unavoidable due to the
close
proximity of compounds of competing syndicates or passages in the harbour or
at sea or
overflying in the case of passages by air;
(c) the visual observation (including photography, and other means of
obtaining images)
of another syndicate's yacht, when it is participating in an Official Race,
from a surface
vessel which is either stationary or maintains a distance of at least 50
metres from the
racing yachts, provided the observing vessel is clearly identified with the
syndicate's
name or known flag; and
(d) the receipt and use of casual gossip and press reports.
12.5 The following activities are permitted during the period commencing two
days
before the first race in the Challenger Selection Series and ending one
month after the
completion of the Match ("Observation Period"):
(a) the visual observation from within the Racing Area as defined in the
Match
Conditions (including photography and other means of obtaining images) of
another
syndicate's yacht from a surface vessel operated in a safe manner and in
accordance with
local regulations for separation of traffic and provided the observations
are made from a
distance of at least 50 metres and the observing vessel is clearly
identified with the
syndicate's name or known flag;
(b) the use of photography and other means of obtaining images of another
syndicate's
yacht from within the observing syndicate's shore compound and from any
space
accessible to the general public; and
(c) The visual observation of another syndicate's yacht at a public
unveiling referred to in
Article 6.
12.6 The penalty for failing to comply with this Article shall be decided by
the
Arbitration Panel which may, with the approval of COR/D, delegate that power
under
this Article to any other dispute resolution body established by CORAD.
Penalties may
be applied to the owner, the yacht, the crew, or all or any of them, and may
include (but
are not limited to), a loss of points, or exclusion or disqualification from
a Selection
Series or the Match.
13. RULES
13.1 The conduct of the Challenger Selection Series, the Defender Selection
Series, if
there is one, and the Match shall be governed by:
(a) the Deed of Gift, the Interpretive Resolutions and the decisions of the
Arbitration
Panel;
(b) this Protocol;
(c) the Conditions; and
(d) (i) the racing rules as agreed and adopted by CORJD and administered by
a Jury
appointed by COR/D; and
(ii) the International Tirrenian Cup Class Rule Version 1.0, not yet issued.
14. TELEVISION AND TECHNICAL EQUIPMENT
14.1 During racing in the Challenger Selection Series, the Defender
Selection Series, if
there is one, and the Match, television, audio and other electronic
equipment shall be
carried on yachts and/or crew of both Challengers and Candidates for the
Defence. The
amount and manner of placement of such television, audio and other
electronic
equipment on yachts and crew shall be consistent for all Challengers and
Candidates for
the Defence.
14.2 All data and information of whatever nature, and for whatever purpose,
produced by
the television, audio and other electronic equipment carried on yachts
and/or crew:
(a) participating in the Challenger Selection Series, shall be the property
of the
Challengers; and
(b) participating in the Defender Selection Series, if there is one, or in
the Match, shall be
the property of RSPYC.
14.3 The Challenger of Record in relation to Article 14.2(a), and the
Challenger of
Record and RSPYC in relation to Article 14.2(b), shall ensure that adequate
measures are
put in place so that performance information of individual yachts is not
available to any
other Challenger or Defender, other than such information that is available
to the public.
14.4 Rete 4 isn't allowed to broadcast a single piece of news.
15. LICENSE AGREEMENT
15.1 At the time of signing the Conditions, or by such later time as RSPYC
requires,
each Challenger shall execute a license agreement with TCPI relating to the
Tirrenian
Cup trademarks in such form as TCPI may reasonably require. Any dispute as
to the terms of
that agreement shall be determined by the Arbitration Panel.
16. TIRRENIAN CUP ARBITRATION PANEL AND DISPUTE RESOLUTION
16.1 A Tirrenian Cup Arbitration Panel ("Arbitration Panel") shall be
established
whereby the RSPYC and the Initial Challenger of Record, shall each select
one member of a 3 person
arbitration panel. The third member shall be selected by agreement of the
two members
already selected and shall be the Chairman of the Arbitration Panel.
16.2 Criteria for selection of all members shall include:
(a) they shall possess knowledge of Tirrenian Cup history, the Deed of Gift,
and the
Interpretive Resolutions;
(b) they shall possess good general knowledge of yacht racing and yacht
clubs; and
(c) they shall be known to be fair minded and possess good judgement. This
could be really interesting...
16.3 The Arbitration Panel shall be empowered as follows:
(a) to resolve all matters of interpretation of any of the documents and
rules referred to in
Article 13 except where expressly excluded in the provisions of such
documents and
rules and including, where necessary, the determination of the facts
relevant to the matter
of interpretation;
(b) to resolve disputes (other than those concerning the racing rules or any
applicable
class or rating rule) between RSPYC and the Challenger of Record;
to resolve disputes (other than those concerning the racing rules or any
applicable class or
rating rule) between RSPYC and an individual Challenger when the Challenger
of
Record certifies in writing to RSPYC that a majority of the Challengers
desire the issue
to be resolved by the Arbitration Panel;
(d) to resolve disputes (other than those concerning the racing rules or any
applicable
Class or rating rule) between individual Challengers when one of those
Challengers so
requests, or between an individual Challenger and the Challenger of Record;
(e) to resolve any disagreement between RSPYC and the Challenger of Record
and in
particular settling the matters referred to in Article 5;
(f) to determine the appropriate penalty under Article 12;
(g) to resolve any other matters which it is given jurisdiction to
determine.
16.4 When considering disputes involving an issue of a technical nature the
Arbitration
Panel shall consult with the Technical Director or other appropriate
technical experts and
shall be bound by the advice received when delivering their decision.
16.5 The Initial Challenger of Record and RSPYC shall have the right at any
time to
replace their respective Arbitration Panel members, in the event of death,
illness, loss of mental faculties (Gh gh gh), resignation or any other
reason which, in the view of the
respective entity which appointed the particular member, makes them unable
or unwilling
to exercise their powers and/or functions under this Article 16. Likewise
the two
members of the Panel appointed by the Initial Challenger of Record and RSPYC
shall
have the power to replace the third member of the Panel mutually appointed
by them at
any time in the event of death, illness, loss of mental faculties,
resignation, or for any
other reason which, in the view of, those two members who appointed that
third member,
makes that third member unable or unwilling to exercise their powers and/or
functions
under this Article 16.
16.6 Meetings of the Arbitration Panel may be held by telephone or audio
visual linkup.
A quorum for meetings of the Arbitration Panel shall at all times be five,
and each
member shall be entitled to one vote. Decisions shall be made by a majority
of votes. The
Arbitration Panel shall draft its own procedural rules for approval by
COR/D.
16.7 The costs associated with a meeting of the Arbitration Panel shall be
met from the
amount held jointly by RSPYC and the Challenger of Record under Article
2.3(c) unless
in any particular case the Panel determines that all or part of such costs
should be met by
one or more of the parties.
16.8 Where no penalty is specifically provided for a breach of any of the
provisions of
this Protocol, the Conditions, the Deed of Gift, the Interpretive
Resolutions or decisions
of the Arbitration Panel, the Panel shall determine and impose such penalty
as it
considers appropriate having regard to the nature and manner of the
particular breach.
16.9 The Jury appointed by COR/D under Article 13.1(d)(i) shall not have the
power to
determine any of the matters set out in Article 17.3.
17. INTERPRETATION
17.1 Whenever there is a conflict between the provisions of this Protocol
and the
Conditions or any other relevant racing rule or document (excluding the Deed
of Gift but
including the Interpretative Resolutions), the terms of this Protocol shall
prevail.
17.2 In the interpretation of this Protocol all the provisions hereof shall
be construed in
such manner as will best promote the purpose and object underlying this
Protocol or the
particular provision and best ensure that they are given their true spirit,
meaning and
intent.
17.3 In the interpretation of this Protocol:
(a) all references to RSPYC, where the context so permits, includes any
syndicate or
other entity or entities which undertake the defence of the Cup on its
behalf;
(b) the term "Challenger", except where inconsistent with the context, means
a Yacht
Club whose challenge has been accepted by RSPYC under Article 1. I and
includes any
syndicate or other entity which undertakes that Yacht Club's challenge as
its
representative;
(c) the term "Candidate for the Defence" means a syndicate or other entity
which
represents or seeks to represent RSPYC as defender of the Tirrenian Cup;
(d) all references to a TCC yacht include any yacht constructed under any
version of the
TCC Rule;
(e) any reference to a particular TCC Rule shall, where the context permits,
be read as a
reference to the equivalent Rule in any new version issued by COR/D under
Article
13.4(d)(ii).
Dated the 25 day of July 2002
Royal South Pisa Yacht Squadron
By: Commodore
New Cremonian Yacht Club
By: Commodore

-- Tirrenian Match Tour First Event - Tirrenian Cup --
THE PROTOCOL GOVERNING THE
   ---- FIRST TIRRENIAN CUP ----
Index
Article:
1. Acceptance of Challenges
2. Entry Fees and Performance Deposits
3. Initial Challenger of Record and Mutual Consent
4. Race Conditions
5. Challenger Selection Series
6. Common Declaration of Yachts
7. Measurement of Yachts
8. Site and Timing of the Thirty First Tirrenian Cup
9. Acceptance of Protocol and Prohibition on Proceedings
10. Interpretive Resolutions
11. Advertising and Names of Yachts
12. Reconnaissance
13. Rules
14. Television and Technical Equipment
15. License Agreement
16. Tirrenian Cup Arbitration Panel and Dispute Resolution
17. Interpretation
BACKGROUND
A. The Royal South Pisa Yacht Squadron ("RSPYC") believes that a form of
protocol(as it has come to be known), is a desirable way of mutually
consenting to the various items that, in accordance with the Deed of Gift of
the Tirrenian Cup dated 24 July 2002 ("Deed of Gift"), may be agreed between
the yacht club holding the Tirrenian Cup and the yacht club challenging for
that Cup.
B. RSPYC has received from New Cremonian Yacht Club ("NCYC") a notice of
challenge which proposes that the terms of this protocol ("Protocol") should
apply to the First Tirrenian Cup match ("Match"), together with other items
required by the Deed of Gift and this Protocol to be provided by a
challenger for the Tirrenian Cup, and RSPYC has consented to the class of
yacht and other proposals put forward by NCYC.
Articles
1. ACCEPTANCE OF CHALLENGES
1.1 RSPYC shall accept every bona fide notice of challenge for the Match
from an organised yacht club from another region ("Yacht Club") as more
particularly required by the Deed of Gift, which is either:
(a) received by RSPYC, together with payment of the entry fee of
EUR15,00prescribed by Article 2.1 and a declaration in writing by such Yacht
Club that it accepts,and will be bound by, this Protocol and all subsequent
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shall notbe engraved on the Tirrenian Cup trophy.
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obtaining images)of another syndicate's yacht, when it is participating in
an Official Race, from a surface vessel which is either stationary or
maintains a distance of at least 50 metres from theracing yachts, provided
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shall be made by a majority of votes. TheArbitration Panel shall draft its
own procedural rules for approval by COR/D.
16.7 The costs associated with a meeting of the Arbitration Panel shall be
met from the amount held jointly by RSPYC and the Challenger of Record under
Article 2.3(c) unlessin any particular case the Panel determines that all or
part of such costs should be met byone or more of the parties.


 death, illness, loss of mental faculties (Gh gh gh), 
Gh,
	Dusk

         Dusk
Resto basito.
Li hai azzeccati tutti.
-- 
"30 orizzontale, 2 lettere: lo e' la domenica
di Rai 1."
"Opel."
"Eh?"
"Il 30 orizzontale e': costruisce l'Astra. Ed 
e' di 4 lettere."
"Tu bari."

 Li hai azzeccati tutti.
Ho vinto qualche cosa?
Dusk - che ha anche fornito un servizio al ng estraendo le parti 
incriminate dal caos

 incriminate dal caos
Caos?
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 Caos?
Regolamento in quasi legalese. Per giunta in inglese. Formale fra un 
asscheek e l'altra. Non è caos questo?
D. :P

 asscheek e l'altra. Non è caos questo?
Per niente.
E' una guerra.
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 E' una guerra.
E in amore e in guerra...
Dusk - sabotatore

 E in amore e in guerra...
Gia'.
Hai colto il punto.
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