By JULIE ASH
Oracle BMW Racing wants the America's Cup arbitration panel to modify cup protocol so rivals Prada won't be disqualified.
The Italians broke cup protocol by taking Oracle to Auckland's High Court last month, claiming they were invading their privacy at the Viaduct Basin.
Prada said the location of Oracle's barge allowed the American syndicate to peer into the Prada base.
But article 10.2 of the cup protocol states that any challenger who resorts to a court or tribunal other than the arbitration panel or a dispute body agreed on by the Royal New Zealand Yacht Squadron and the Challenger of Record will be in breach of the protocol.
That would make Prada ineligible to challenge for the cup against Team New Zealand, should they win the Louis Vuitton Challenger series starting October 1.
Prada have since withdrawn the court action "in the interest of the event".
Oracle's submission with the arbitration panel stands, but they have recommended that the article be adjusted and that, instead of being ineligible to challenge, Prada should be penalised as seen fit by the panel.
Oracle would not comment on the matter yesterday.
The cup arbitration panel comprises five judges and lawyers, including two New Zealanders - retired High Court Justice Sir David Tompkins and Master John Faire of the High Court.
The panel can expel entrants and impose heavy fines.
The matter is further complicated by the panel's announcement to all syndicates that it must be protected against legal action.
Therefore, the panel is not publishing rulings on all matters until syndicates agree not to sue the panel members.
It is unknown whether any syndicates have signed the panel's proposed deed of indemnity, but all syndicates agree that the panel must be protected.
Rivals move to keep Prada in running
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