Editorial: Cup panel ruled wisely

Only when racing starts in the America's Cup challenger series will the importance of the one-point penalty imposed on the OneWorld syndicate become apparent. There was, however, a pleasing reassurance about the manner in which the event's arbitration panel levelled the punishment - and the way it was accepted. Predictably, OneWorld described the penalty as "severe". And, even if grudgingly, Team New Zealand, one of the the wronged parties, said it was pleased with the dispute body's finding. It all made quite a change from the protracted courtroom wranglings that have marred many previous America's Cup regattas.

Not that the circumstances of the panel's ruling suggested the event was about to embrace the "friendly competition" envisaged by its founding document. Far from it. The arbitration panel's finding confirmed that OneWorld had breached cup protocol by possessing design plans from three syndicates: Team New Zealand, Prada, of Italy, and the defunct America True.

The secrets were taken to the Seattle-based syndicate by designers poached from other syndicates, including former Team New Zealand staff who had tank-testing photographs, deck plans and carbon-fibre material certificates for the 2000 winner, NZL60. It smacked of a new low in the type of behaviour - spying, secrecy and rule-bending - that has marred the event during a century and a half of racing. OneWorld was saved from a harsher penalty only because the arbitration panel accepted its assertion that it had not used the information.

This will not, however, be the last to be heard of the poaching of design secrets. How can it be when crews move so freely between syndicates at the end of each regatta in search of more money and, perhaps, bigger challenges? How can it be when some syndicates are now spending up to $220 million on their campaigns?

Rules governing spying and snooping have been progressively tightened over the years. Bizarre controversies, and lengthy litigation springing from interpretation of the America's Cup founding document, the Deed of Gift, have probably been consigned to history. Now the area of contention is design knowledge, and that made the decision of the arbitration panel critical. All in all, the five international lawyers and retired judges who make up the panel have ruled wisely. For OneWorld, the one-point penalty is potentially more damaging than any fine, however hefty.

Inevitably, there will be claims that OneWorld should have been expelled. The syndicate has conceded, quite candidly, that it is unsure whether its version of events will cut the mustard in the wider world, whether a public accustomed to dirty tricks in the America's Cup will accept that such information "inadvertently found its way on to our base". And whether, once there, it would not have been put to advantage. And, in any event, whether merely having the information was a breach of protocol sufficient to warrant dismissal from the regatta.

The fact that OneWorld went to the arbitration panel with its hands up undoubtedly helped its case. It will not save it from scepticism, especially if it continues to perform as strongly as during February's dress-rehearsal regatta. But it is now clear that the cup protocol drawn up for this regatta incorporates a workable disputes system. The presence of design secrets at OneWorld posed difficult questions for the arbitration panel. Despite the penalty, it will probably not end there. The America's Cup is no longer competition "between foreign countries", as also envisaged by the founding document. The crews are a United Nations of sailors. OneWorld's breach is unlikely to be the last.

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