Situation 1
A national authority’s prescriptions state that its approval is required to change them and they have been approved by World Sailing.

They also state that when an international jury has received approval from the national authority under rule 91(b), then only certain prescriptions apply.

The Notice of Race or the Sailing Instructions for an event not organized by World Sailing at which an international jury is appointed and approved by the national authority state that ‘no national prescriptions will apply’. The national authority has not approved this change.

Question 1
Does any national authority’s prescription still apply despite the wording in the race documents?

Answer 1
Yes.

Rule <% rule_link('88.2') %> allows a prescription to be changed, unless changing it has been restricted by the national authority and the restriction is approved by World Sailing.

Attempting to disregard national prescriptions without the required authorization would make the rule in the notice of race or the sailing instructions improper and void, and therefore the prescriptions would still apply.

Situation 2
A national authority’s prescriptions state that its written approval for the appointment of an international jury is required, except when the International Jury is appointed by World Sailing.

At an international event not organized by World Sailing the jury is composed in accordance with rule N1.2. However, the national authority has not issued its approval for an international jury.

Question 2
Is the international jury properly constituted?

Answer 2
No.

Although the composition of the international jury complies with rule N1.2, it does not comply with rule 91(b) and N1.1, since its appointment has not been approved by the national authority.

Question 3
If the answer to question 2 is no, may a party appeal a decision?

Answer 3
Yes.

Rule <%= rule('70.5') %> states that “there shall be no appeal from the decisions of an international jury constituted in compliance with Appendix N”. Since the international jury was not properly appointed, it fails to comply with rule N1.1 and it can only act as a protest committee.

May 18, 2024