Click here to download an arbitration procedure.

Note that the sailing instructions should state that arbitration ( attachment D ) will be used for all protests involving Part 2 and that it changes RRS 63.

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ARBITRATION OF PROTEST

ATTACHMENT D

1. An arbitration meeting will be held prior to the protest hearing for all parties involving violations of Part 2 of the Racing Rules of Sailing.

2. After a protest form is delivered, one designated representative (conforming to RR 63.3 (a)) of each party will appear before an arbitrator.  No witnesses permitted.

3. After hearing the testimony of each representative, the arbitrator shall reach one of the following conclusions:

A. There was no breach of a rule.  If the representatives agree, the protest is withdrawn and cannot be reopened. If any representative disagrees, the matter goes to the protest committee for a hearing.

B. There was a breach of a rule by one or more of the boats involved.  The representative(s) of the offending boat(s) have the option of accepting a 40% alternative penalty (calculated as in RRS 44.3(c) or submit the matter to the protest committee for a hearing. 

Note:   Protested boats accepting a mediator‘s decision will receive a 40% penalty.  If a competitor accepts a 40% penalty and a full hearing is requested for that incident, the competitor that accepted the 40% penalty shall not receive a penalty greater than the original 40% ( for infringement of the Part 2 rule involved in the arbitration proceeding ).

C. The matter should go to the protest committee for a hearing.