Arbitrator to Rule Friday on Cup Panel Selections

A decision is due Friday in the America’s Cup arbitration hearings that bear on the site of the next defense.

Five days of testimony before retired Superior Court Judge Charles W. Froehlich Jr. concluded Tuesday and Ken Poovey, lawyer for the Sail America syndicate, said: “We’re going to have our closing arguments Friday, and a decision will be announced then and there.”

Froehlich will decide whether the San Diego Yacht Club was within its rights in the way it appointed the committee.

Dennis Sharpe of the American Arbitration Assn., under whose auspices the hearings were conducted, indicated that Froehlich will render his decision by noon.

Objection Voiced

The dispute started when Sail America objected to the composition of the seven-man Defense Committee appointed by the San Diego Yacht Club, which ignored internationally known sailing figures nominated by the syndicate in favor of San Diego area residents.

An agreement between Sail America and the yacht club last year included a stipulation that any disagreements between the two parties could be resolved through binding arbitration.

The syndicate includes Dennis Conner and Malin Burnham, who led the successful campaign to reclaim the Cup from Australia’s Royal Perth Yacht Club on behalf of the San Diego club. The club suspects that Conner and Burnham might prefer to sail the defense elsewhere--specifically, in Hawaii, where Conner tested his boats and trained his crew for the challenge.

No Stance Taken

Sail America has not publicly indicated a preference for any site.

Sail America’s witnesses included Burnham, who testified all of the first day, and Pat Goddard, rear commodore of the club, “a guy we felt could give the arbitrator some insight,” Poovey said.

Poovey did not reveal the nature of Goddard’s testimony, but Commodore Fred Frye has been adamant about holding the defense in San Diego.

Conner, who left last week for Sardinia to compete in the 12-meter world championships, filed a videotape deposition that was viewed by Froehlich.

Poovey said of the hearings: “We’ve had some moments that have been spirited, but generally the tone has been good.”