Thus, the CHARLES JOURDAN and the ENDEAVOUR were contractually bound to race by the rules of the road contained in the IYRRs, and to resolve issues related to fault for any collisions according to those rules. This is consistent with the long-established traditions and rules of conduct of this sport. See generally J. Rousmaniere, The Golden Pasttime: A New History of Yachting (1986). Moreover, there is a well-established public policy encouraging the private resolution of disputes through arbitration and other non-judicial forums. See Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.; Allied-Bruce Terminix Cos., Inc. v. Dobson, --- U.S. ----, 115 S. Ct. 834, 130 L. Ed. 2d 753 (1995); Shearson/Am. Express, Inc. v. McMahon, 482 U.S. 220, 107 S. Ct. 2332, 96 L. Ed. 2d 185 (1987); Southland Corp. v. Keating, 465 U.S. 1, 10, 104 S. Ct. 852, 858, 79 L. Ed. 2d 1 (1984). See also United Paperworkers Int'l Union v. Misco, Inc., 484 U.S. 29, 36, 108 S. Ct. 364, 369-70, 98 L. Ed. 2d 286 (1987) (labor disputes); Vimar Seguros Y Reaseguros, S.A. v. M/V SKY REEFER, 29 F.3d 727 (1st Cir.) (COGSA), cert. granted, --- U.S. ----, 115 S. Ct. 571, 130 L. Ed. 2d 488 (1994); Scherk v. Alberto-Culver Co., 417 U.S. 506, 94 S. Ct. 2449, 41 L. Ed. 2d 270 (1974) (international arbitration agreements).

We also note that our decision here comports with Sec. 2 of the Federal Arbitration Act, which pointedly states that "[a] written provision in any maritime transaction ... to settle by arbitration a controversy arising out of such ... transaction ... shall be valid, irrevocable, and enforceable." These conditions exist here.9  Yacht racing is a maritime transaction, and the provisions of the IYRR establishing the racing rules and the protest procedures are in writing and binding on participants.

• Rule 14.a: If reasonably possible, a boat shall avoid contact with another boat

• Rule 16.1: When a right-of-way boat changes course, she shall give the other boat room to keep clear. 

• Per definitions, both boats are windward boats, so per Rule 11, both boats need to keep clear of each other. 

• Rule 14.a: If reasonably possible, a boat shall avoid contact with another boat.
• If there is contact Rule 43.1(c) does not apply as neither boat is the right-of-way boat, or one sailing within the room or mark-room to which she is entitled.