If that is the case -- if they come out with the Protocol for AC38 before AC37 is done -- I would be very pleasantly surprised if someone doesn't challenge it as violative of the Deed.
Yes, they can't do that! It's prohibited!
Don't get me wrong: they'll publish an AC37 Protocol but with no other challengers involved it will became, after an eventual 1 v 1, the AC38 protocol. CTRL+C CTRL+V