Situation
An event has an International Jury of 5 members appointed. The sailing instructions provide for an arbitration system.

Question 1
May a member of the jury, who acts as an arbitrator, sit as a full member of the jury if the arbitration for some reason is referred back to the jury, or is the arbitrator now limited to act as a
witness as recommended by the World Sailing International Judges Manual?

Answer 1
Despite the advice in the World Sailing International Judges Manual, there can be good reasons for the arbitrator to be a member of the jury if there is a protest hearing because the arbitration decision has not been accepted - see answers 2 and 3. The sailing instruction describing the arbitration system may provide further information about this.

Question 2
If the answer to Question 1 is that the arbitrator cannot be a member of the jury to which the arbitration is referred and no replacement is available, is the jury still properly constituted under rule N1.5?

Answer 2
Not applicable. However, if the arbitration sailing instruction says that the arbitrator cannot be a member of the international jury, and if the arbitrator is one of the five jury members, then a jury of the remaining four is not properly constituted.

Question 3
Would the answer be the same if two of the members were arbitrators?

Answer 3
Yes.