Mariantic
America's Cup News & Views
 

Regarding the resolution published by the New York Supreme Court for the case filled by GGYC against SNG about the validity of Club Náutico Español de Vela as Challenger of Record, Desafío Español states:

Desafío Español respects the decision of Justice Cahn but does not share his interpretation regarding the validity of Club Náutico Español de Vela. Desafío Español has always acted in good faith by challenging through the Club Náutico Español de Vela. Desafio Espanol always believed that it complied with the terms dictated by the Deed of Gift, it consulted with renowned legal advisers and professionals, both national and international.

Justice Cahn's resolution changes the way the requirement of hosting an annual regatta has been traditionally interpreted.

Desafío Español wants to stress that from the beginning of the project, it always intended to achieve the maximum benefit for the sport of sailing, the Valencian Community and Spain. The Spanish team now appeal to the common sense and the sportsmanship of the Defender and the Golden Gate Yacht Club to immediately find a compromise solution. A continuation of this uncertainty affects the America's Cup and all parties involved. At the same time Desafío Español remains optimistic about enjoying another great sailing event, again, in Valencia.

Desafío Español will continue with the day to day activities until the future of the competition is defined. Then, the team will make the decisions it considers most appropriate for its crew members, employees and sponsors.

Desafio espanol continues to have the unconditional support of its sponsors.

The Desafio team is ready to adapt its plans to whichever date is set for the America's Cup and has the clear goal of improving on its performance in the 32nd America's Cup.

2007-11-27

Today’s decision against the validity of the Club Náutico Español de Vela (CNEV), the Challenger of Record, is a disappointment to the Société Nautique de Genève (SNG), AC Management (ACM), Alinghi and the seven entered Challengers affected by the outcome.

There will now be a thorough review of the Judge’s decision and an analysis of the various options offered by the Deed of Gift.

Ernesto Bertarelli, President of Alinghi, says: “We are disappointed that a technicality made the CNEV invalid and we are now looking forward to discussions with the Golden Gate Yacht Club to keep the America’s Cup functioning.”

ENDS
America's Cup delayed

The current uncertainty around the future of the event triggers decision to postpone plans to hold the America's Cup in 2009

Valencia 22 November 2007 - During the past months, AC Management (ACM), the Société Nautique de Genève (SNG) and the Club Náutico Español de Vela (CNEV), in conjunction with the competing Challengers, have worked hand in hand to develop the rules and regulations for an event i n 2009. These rules and regulations were agreed by all competitors and supported by the most recent entrants bringing the number of registered syndicates to eight, with an additional two currently filing entry documents.

The ongoing uncertainty around the conclusion of the New York court case brought by BMW Oracle Racing (BOR) leaves the organisers no choice but to delay the event, as many indicators demonstrate a lack of viability to stage the event in 2009 to the same standards as the 32nd America's Cup.

The competitors' entry deadline of 15 December remains valid and for now, ACM, SNG and CNEV await the outcome of the legal process. If the New York Supreme Court rules that CNEV is valid and BOR chooses not to appeal the decision, ACM will endeavour to work with the competitors to adapt the existing rules and regulations and put in place a new framework for an event to take place at a later stage in Valencia.

Should the US Courts rule against CNEV, SNG will accept the Golden Gate Yacht Club Deed of Gift Challenge and meet them in a vessel, possibly a multihull, in accordance with the terms of the Deed of Gift.

ENDS

Friday 26th October

With the continued aim of organising the 33rd America’s Cup for 2009 in Valencia with pre-regattas in 2008, a Competitors Meeting took place this morning to continue work on the Class Rule.

At the end of a constructive meeting the competitors left with a complete draft of the Class Rule and further meetings have been scheduled over the next few days in order to finalise this document and comply with the 31st October deadline for issuing the Rule.

For the competitors and AC Management this is a fundamental milestone and the focus of all our attention. As organisers of the 33rd America’s Cup we certainly welcome any other challenger to come and join the process for the last few days of Class Rules development and for the consultations on the competition and event regulations.

Michel Hodara – CEO ACM
ALINGHI WILL CONTINUE TO TRY UP UNTIL THE COURT ROOM STEPS TO FIND A SOLUTION TO THE SITUATION
2007-10-21
(Valencia 21 October 2007) Over the past few months Alinghi, Defender of the 33rd America’s Cup, has been engaged in dialogue with BMW Oracle Racing (BOR) at various levels in an attempt to find a solution to the law suit filed by the Golden Gate Yacht Club (GGYC) against the Société Nautique de Genève (SNG). BMW Oracle, through Russell Coutts, has repeatedly shifted the discussion frame by adding new demands each time Alinghi moved to resolve the issues raised. Nonetheless, the last communication to BOR from Alinghi before their press release was an invitation to a private meeting in New York before the hearing to try and resolve the issue once and for all. This morning they confirmed their attendance at this meeting.
 
The Société Nautique de Genève (SNG) and Alinghi have done much to try to convince BOR to drop their law suit; the SNG instigated a Protocol review with the entered Challengers and, with the Challenger of Record, Club Náutico Español de Vela, agreed a number of amendments to satisfy the GGYC and BMW Oracle's claims. At this point, Russell Coutts requested via the Challengers group, reassurance that Alinghi would not have a head start in designing their new boat and advised at least two challengers BOR would settle if Alinghi could prove it did not have a design advantage.
 
Alinghi responded by asking the entered Challengers to set the displacement, a fundamental parametre, for the new class. The Challengers did so, and were satisfied that this would negate any design head start. For BOR it still was not enough and they then wanted to analyse the displacement parametre in light of the full rules, not trusting the Challenger’s designers, who confirmed the parametre was crucial enough to provide the expected guarantees.
 
To the dismay of Alinghi and the Challengers, BOR, through Russell, sent a letter on 18th October to Alinghi with a further nine issues to be satisfied, including new points not previously raised. Several of these were completely against the fundamentals of the programme agreed by all legitimately entered Challengers and the cost cutting strategy presiding over the 33rd America’s Cup.
 
With regard to the rules disclosure, Grant Simmer, Alinghi design team coordinator, says: "Alinghi is working with the Challengers to develop the new class rule. This was started on the 15 September and the Challengers have stated that they are happy with this process. There are several key issues still being debated but we are working towards issuing the rule on 31 October. If BOR chooses to enter they will be welcomed into this process.”
 
Brad Butterworth, Alinghi team skipper, adds his positive comments on the situation: “We are driven by the vision to create a bigger and better event for everyone in 2009 with new boats but reduced costs and increased competition. Some may say we were too ambitious but since then we have undertaken a raft of measures to try and find a solution to this issue. We have consulted on the design of the new class, we have amended the Protocol and we have allowed the challengers to pick the displacement of the boat, as we were led to believe this was the last remaining issue for BMW Oracle. Despite not yet having issued the new class rule, they know a lot about the concept, plus they had the chance to agree the displacement. I firmly believe that there is still time left to agree a solution with BMW Oracle and for them to drop their law suit and join the other Challengers to help us make this an even greater event than the last. The last communication that we sent to them before their press release of last night was an invitation to a private meeting in New York on Monday morning before the hearing to have one last go at finding an agreement, something we still hope to do for the better of the event, the challengers and us.”
 
 

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Sailing - Fuxia Challenge waits for ACM to announce the Y.C. "partner"
friday 16th october 2007

fuxia3d.jpg
As published by Sporteconomy.it the “Fuxia Challenge” board  has decided to delay the announcement of the official Y.C. partner that was previously scheduled on the 30th of October.This choice is linked to the AC management’s statements regarding the new rules and the set date of the competition  ( 2009,2010 and 2011).
The meetings with the YCs  there will take place not before the ruling of the New York’s Supreme Court regarding the future of the America’s Cup. After that the London based challenge will move forward and  during one week, there will take place a summit with the management of the interested yacht clubs in being in charge of “Yacht club partner”. Afterwards Fuxia Callenge’s board  will retain the right to break the news of the y.c. partner within fortnight since the last meeting.

fuxia3d.jpg 
Likely that will happen within the 20th of November 2007.” To attend at the Americas Cup in 2009 or 2011 I is not exactly the same” as exclusive Alberto Morici  in charge of operations of Fuxia stated. “With due respect of the sponsors we are negotiating with, that’s why we decided to wait for the verdict of the N.Y. ’s Supreme Court. A the moment we are considering a certain value of the budget. Running from 2009 through 2010 it will necessarily  rise the costs. Of course, for reason of soundness and transparency, we have to share  it with all our prospect partners. We don’t want to look foolish or come to the end of the competition with poor liquid assets. The analysis of the endeavour is linked to strict business logics.This is our lifestyle and ths is the way we want to behave in the outlook of this edition of the America’s Cup and for the following one. Date we have always honoured the commitments and we are communicating much more than other teams already enrolled to the next edition. Fuxia Challenge is a brand already and actually there are several companies of different areas that are making  bids to exploit this one in different classes. This fact confirms the excellence of the project and the interest in it  is increasing day by day. At the moment there are no reasons or dumpers to give up. By all means the following weeks and the AC Management’s pronouncements regarding the assignment date of the competition are going to be decisive”

 

 

 

MASCALZONE LATINO FILED AN AMICUS CURIAE BRIEF IN THE CASE BETWEEN GGYC AND SNG
Porto Cervo, October 6 2007

Reale Yacht Club Canottieri Savoia (“RYCCS”) and Mascalzone Latino have submitted an amicus curiae brief to the Court Case between Golden Gate Yacht Club and Sociétè Nautique de Genévè and to bring their views to the attention of the Court.

“It is unfortunate that the America’s Cup is in court once again, -Alessandra Pandarese general counsel of Mascalzone Latino and former Chair of the Challenger Commission- but no one, especially the defender, can be surprised that this has happened: the Protocol, promulgated by SNG with Club Náutico Español has essentially eliminated the role of the Challenger. In so doing, the Protocol contravenes the core terms of the Deed of Gift that created the America’s Cup, which provides that the Cup shall be “a perpetual Challenge Cup.”

Mascalzone submit that the group of provisions relating to SNG, through America’s Cup Management controlling unilateral power to disqualify a challenging team; ACM power to appoint all race officials, ACM power to establish unilaterally the rules for all the phases of the event, and the class rules, have altered the nature of the America’s Cup from the “Challenge Cup”, to a type of competition totally governed by the Defender, in contravention of the basic principles of the Deed.

Mascalzone Latino submit that the Court should exercise its jurisdiction, enforce the terms of the Deed, and protect this historic sporting event from the Defender’s usurpations.

Meantime a fair Protocol is being drafted with GGYC, and it will be submitted to all other challengers and all inputs will be welcomed.

Now it is time for SNG/Alinghi to be finally available to discuss and reach true mutual consent.

These are the reasons that brought Vincenzo Onorato to intervene once again:

a) the submission of the amicus brief.

"GGYC/Oracle is not the only team that contest the Protocol –underlines Onorato- we feel we have expressed the opinion of the sailing community that is interested in this event and wants it to remain competitive and not preconditioned in favour of the Defender."

b) the reasons of the court case between SNG and GGYC and the conflict surrounding the Cup.

"The conflict arose from the content of the Protocol and the case was brought by Oracle substantially to challenge this document signed between the defender and the challenger of record Club Náutico Español de Vela.

“If the Protocol had not distorted the event structure and totally eliminated the role of the Challenger from the XXXIII AC, we would probably all be in Valencia already.

"You would have to ask Ernesto Bertarelli - who said on many occasions that the XXXII edition of the Cup was the best ever held - why he has totally rewritten the rules? Wouldn’t it have been better to improve on the previous text, perhaps even with the actual inputs from the challengers?"

c) Possible postponement of the Cup.

"A postponement is probably inevitable. Nevertheless as far as we are aware ACM did not consult any of challengers that are already registered before sending this release. ACM is continuing to make a fundamental mistake: behaving as if it were an organisation like the FIA, CIO, etc. Due to the peculiarity of the America' s Cup, ACM arises from the Holder of the trophy, therefore the power should not and cannot be absolute. In substance we hope that the orientation expressed in the release means that SNG has finally decided to come to the table and review all of the disputed matters."

d) Mascalzone Latino’s participation in the next Cup.

"We are certainly ready to participate and it is for this reason that we are intervening in order to try to improve the rule context."

BMW Oracle Racing statement

We are concerned by this because we are also very keen to see a successful event in Valencia in 2009. We have been urging mediation and/or a speeded up court process for some time now to resolve the new protocol and the defender has resisted this. But maybe this is the right time for everyone to get together and sort out this protocol once and for all so that we can all get on with a successful event like last time.

 

 

Statement of the United Internet Team Germany on ACM announcement of 3rd October 2007

Valencia, 03.10.2007 16:42 in AC2007

Schümann: The America´s Cup has to take place in the new class rules in Valencia in 2009

With the new Head of Team Jochen Schümann Team Germany is on schedule structuring its team for the 33. America’s Cup. Schümann: “We have accepted the challenge to race in a new boat class, the AC90 class, in the summer of 2009 in Valencia. Our new designer team is forming within the next few days at the team base in Valencia in order to design the first 90ft America’s Cup Yacht according to the new rules and to then build it in Germany.”

Team Germany registered on the basis of the recent protocol in July 2007, which was concluded between the Yacht Club Societe Nautique Geneve (SNG) representing Alinghi and the Spanish yacht club CNEV. Michael Scheeren, CEO of the German Challenge: “We are expecting more protocol details from the America’s Cup Management in the next couple of days. We are prepared to accept changes. Everybody has to aim at the creation of attractive rules for all participating teams and sailing fans.”

Team Germany is convinced that the America’s Cup is strong enough to solve all problems in the established bodies with the defender Alinghi, all other teams as well as with the event organizer ACM. Despite the civil law suit of the Golden Gate Yacht Club and BMW Oracle Racing against Alinghi, Team Germany supports all attempts to involve BMW Oracle Racing in the existing circle of challengers. Schümann: “The situation of a possible postponement for the planned 33. America’s Cup in 2009 would harm the sport and its image worldwide. We are supporting all attempts of an amicable arrangement.” Jochen Schümann further: “The proposed boat class in the new protocol underlines the claim of leadership of the America’s Cup in the sailing world. We are expecting fantastic races in the sailing arena off Valencia in 2009.”

 

 

Desafío Español Press Release Oct 03 2007

Regarding the press release issued today by ACM in which declares its concern about the "the possibility of postponing the event to a later date", Desafío Español states its unconditional support to the Spanish and Valencian authorities, the Defender and the Organisation of the America's Cup. Desafío Español understands that the organisation of a sporting event of this magnitude must be done without haste and under the best consensus atmosphere between all the parties involved. For this reason, Desafío Español shows its conformity with the proposed conversations between ACM, the Defender, the Challenger of Record, the competitors and the Spanish Authorities in which Desafío Español will participate actively. Desafío Español also hopes that, as a result of these conversations, the 33rd America's Cup can be celebrated in the initially proposed dates. Meanwhile, Desafío Español continues working towards the next edition of the America's Cup, configuring the structure of the team and developing its plans.

 

Fuxia Challenge - latest graphic

Fuxia

"This is the new "3D" version of FUXIA CHALLENGE We are working hard to go in the America's Cup, with "low profile", but meeting every week new potential "sponsors". Some of these believe that is the only new idea for the nex AC." - Francesco Venturoni
SNG and Alinghi announce Protocol amendment and make a final appeal to BMW Oracle Racing
2007-09-20
Today the Société Nautique de Genève (SNG) and Alinghi announced that after a series of successful Competitor Commission meetings and discussions with the legitimately entered challengers, the Protocol has been amended in agreement with the Challenger of Record, Club Náutico Español de Vela (CNEV). As a result of this, the majority of BMW Oracle Racing’s concerns have been addressed and the Defender issues a final appeal to the American team to drop their legal actions and join the competition.
 
These developments continue the progress of planning the 33rd America’s Cup, as Brad Butterworth, Alinghi skipper, explains: “The Competitor Commission meetings were set up as a forum to shape the 33rd America’s Cup and this avenue of dialogue is really working for the better of the event. With this and the ongoing design consultation period, which will define the new class rule and competition regulations, we are making good progress towards the 33rd.” 
 
These amendments, as a result of Competitor Commission meetings, also reflect many of the desired changes brought forward by BMW Oracle Racing and discussed between Brad Butterworth and Russell Coutts, BOR skipper, over the last few weeks, in an attempt to resolve their concerns over the 33rd America’s Cup Protocol.
 
As a result and following these changes, Ernesto Bertarelli, Alinghi syndicate head, appeals to the Golden Gate Yacht Club (GGYC): “I would again appeal to BMW Oracle Racing to enter the 33rd America’s Cup as a legitimate challenger. It has been demonstrated that dialogue is possible for the better of this event and it should be noted by them that many areas of their concerns have been addressed.”
And finally he added: “We would also like BMW Oracle Racing to consider that their action is hindering the opportunity for other teams to enter the competition, and harming the ability of existing competitors to generate sponsorship income and properly plan their challenge.”
 
The Protocol amendments are as follows:
 
With regards America’s Cup Management’s (ACM) power to disqualify a competitor, this has been clarified to say that, should a competitor refuse to be bound by the Protocol, then they will have recourse to the Arbitration Panel without risk of disqualification until the Panel rules.
 
Secondly with regards ACM’s right to refuse an entry. The amendment is a restriction of ACM’s ‘ability to reject’ to an ability only on very specific grounds, which are: failure to comply with the Deed of Gift, a capacity issue within Port America’s Cup or a need to provide an equitable balance of competing nations. The SNG has made it clear that, should the GGYC abandon their legal action, they would be welcomed as a competitor for the 33rd edition and could shape the event along with the other challengers and the Defender during the ongoing Competitor Commission meetings.
 
A further suggested amendment point, on recommendation from the Arbitration Panel, regards the power of ACM to amend the Protocol and other rules. This has been changed to state that ‘any proposal to make any Protocol changes, related to the way in which the Arbitration Panel works, must be subject to its prior approval.’
 
In addition to this amendment, the SNG and CNEV have deleted the power of ACM to remove members of the Arbitration Panel.
 
Finally, the concern regarding ‘neutral management’ has been amended to extend the Fair Sailing rule to apply to all matters directly related to the regatta.

More Good News for SNG as New York Court does not grant Injunction
2007-09-10
After a brief hearing in the New York Supreme Court today before Justice Cahn, the Société Nautique de Genève (SNG) is pleased to announce that the Judge did not grant theGolden Gate Yacht Club’s (GGYC) application for an injunction, and instead ordered the parties to submit written legal arguments designed to dispose of the case in the shortest possible time. The Judge set the 22 October as the date to hear legal arguments to resolve the central issue, which focuses on the validity of Club Náutico Español de Vela (CNEV), the Spanish challenge, accepted by the SNG after winning the 32nd America’s Cup. 
 
The Spanish challenge, CNEV, also advised the Court that it will intervene in the case as a party so as to reinforce and confirm its legal standing as Challenger of Record for the 33rd America’s Cup. 
 
Importantly, this is the second successful legal outcome in only a matter of days, following the America’s Cup Arbitration Panel’s ruling over the weekend that declared legitimate the Challenger of Record, and that the 33rd Protocol complies with the Deed of Gift. 
 
“Naturally we are pleased with this outcome which is another welcome positive result in this unfortunate legal process,” said Hamish Ross, Alinghi General Counsel, adding: “As we had asked the Court, SNG will be submitting, as planned, its motion to dismiss the case entirely, and we look forward to having an opportunity to clear this matter up as quickly as possible on the date set by the Court. We now need to draw a line under the uncertainty and damage created by the Golden Gate Yacht Club and BMW Oracle Racing’s actions and focus on the future.” 
 
Meanwhile work continues apace on the 33rd Americas Cup in Valencia following the first Competitors Commission meeting on Friday of last week and with further meetings being scheduled. This period of consultation with the five registered challengers runs until the end of October when the new class rule will be published, ensuring that the America’s Cup remains at the pinnacle of international sailing. End.

ALINGHI DELIGHTED WITH ARBITRATION PANEL DECISION
2007-09-08
Alinghi, Defender of the 33rd America’s Cup, was delighted with the decision of the Arbitration Panel published last night.
 
The Arbitration Panel ruled in favour on the validity of Club Náutico Español de Vela, CNEV, as Challenger of Record of the 33rd America’s Cup. The Panel also ruled that Société Nautique de Genève, SNG, had been obliged to accept the challenge as it was the first valid challenge that it had received. Furthermore, the Arbitration Panel ruled that the Protocol signed SNG and CNEV on 3 July 2007 complies with the Deed of Gift. Lastly, the Arbitration Panel recommended some amendments to the Protocol with regard to the way the Arbitration Panel is administered. As previously announced, the process of consultation with the other registered competitors has begun and the recommendations of the Arbitration Panel will be considered and acted upon over the course of the next six weeks.
 
This decision underlines that the Arbitration Panel is the correct body for resolution of sporting matters and is composed of three members with a long-term experience in sports law: Professor Henry Peter, from Switzerland, who chairs the Panel, Graham McKenzie, from New Zealand and Luis María Cazorla Prieto, from Spain. Both Mr. McKenzie and Professor Peter served on the Jury of the 32nd America’s Cup, when BMW ORACLE Racing was Challenger or Record and Prof. Henry Peter was also a member of the 31st America's Cup Arbitration Panel.
 
Alinghi, along with the other Challengers, continues to be focused on ensuring the future success of the 33rd America’s Cup in 2009.
 
MANAGING DIRECTOR AND FOUNDER OF TEAM SHOSHOLOZA
Friday 7 September 2007

“Quite a number of people are querying directly with me or with our PR representatives, reasons why I have lodged so early the South African entry for the 33rd Americas Cup and why I have not publicly protested against the new protocol as many other team leaders have done.

A lot of speculations have been whispered around and even written in some specialized magazines.

In order to avoid such a kind of thing I have decided that my crew, Shosholoza fans and the media deserve an explanation which will certainly help to understand my actions.

- Team Shosholoza is a small team who has reached a good marketing, commercial and sportive success.

- To keep what we conquered we have no other alternative that to participate with a new campaign to the next event. On the 9th of May on the day of our last race I announced this officially.

- Unfortunately, our sponsor has indicated that they intend to participate to the next Cup as Supporters only, which means that with a much lesser economic involvement.

- In view of the above we need time to explore the South African Corporate Company Market to get another solid Main Sponsor and additional Supporters.

- The Corporate Companies do not like to sponsor a “project” they want something that exists already physically.

- There were no other alternatives than to lodge the new entry as soon as possible and start to work.

- On the 18th of July I was in Geneva at MSC Head Office for business and I lodged our Notice of Entry to SNG (Societe Nautique de Geneve )as I planned several weeks before.

About the new Protocol I do not have the same concerns of Golden Gate Yacht Club (GGYC)/Oracle I have participated to the America’s Cup well knowing that it is the Defender that dictates the rules and in my opinion, all the Challengers want to win the Cup and then dictate their own rules. This is what I will do.

The new class rules will help significantly the small team. We at Shosholoza are all very excited and our design team is pushing me to not accept any compromise, to defend the new class rules and to not be worried because there is plenty time to conceive, design, build and test the new boat.

This two boat testing prohibition will help the small teams and reduce the budget to the A teams.Most probably, small amendments are still to be done to the new Protocol and I am sure that the Challenger of Record and SNG will together provide to do this. Generally it was time to make a change and I am very positive for the future of the competition, therefore, I totally disagree with any kind of negative comments wherever they come from.

I am not a shipping magnate or a tycoon as sometimes I have been described. I am a workalcholic man who spends 12 hours per day at his desk for the day by day job and for the weekend brings home the documents which he could not see during the week and particularly the accounts of Team Shosholoza. I have no time to play and/or to plan intricate legal issues fabricated in the mind of a $10,000 lawyer. I am a good seaman, a true one, who loves and respects the sea with it’s simply rules and its limpid clearness. At sea I learned that if I want to win a regatta, I must fight with my crew to have my boat cutting the finish line before the boat of my opponent. If I do not succeed and still I want to win, I will challenge again the winner with another boat, another crew, but always at sea and not in the New York High Court Room.

This legal dispute is highly damaging my campaign for acquiring new sponsors and my plans to start working with my design team.Team Shosholoza has quite a large number of possible main sponsors interested to came on board and has already the confirmation of at least four medium sponsors/supporters who are ready to sign a contract but are now on stand-by awaiting clarity on what will happen.”

Captain Salvatore Sarno
7 September 2007

ends
www.alinghi.com
ALINGHI AND ACM MOVE FORWARD WITH PLANS FOR THE 33rd AMERICA’S CUP
2007-09-05
Earlier today, Alinghi, Defender of the 33rd America’s Cup, gave a progress report on preparations for the 33rd America’s Cup at the Société Nautique de Genève. This gathering marked the start of the 33rd America’s Cup campaign and a return to business after the August break. Brad Butterworth, team skipper was accompanied by Hamish Ross, general counsel and Michel Hodara representing America’s Cup Management.
 
The group announced several developments in the preparations for the 33rd America’s Cup. The first is that the design consultation period, due to start in mid September, will last for six weeks and will result in the definition of the class rule. The consultation will be facilitated by an expert consultant to ensure the views of all five challengers are represented. Secondly, Brad explained that the clear intention regarding the development of the rules is to have a “tight design box” in order to facilitate close racing. “Our objective is to create a tight design box rule that will ensure the emphasis remains on sailing skill and exciting racing as we have recently seen during the 32nd America’s Cup, this together with large, visually impressive state-of-the- arts boats will help us achieve our vision for the next Cup,” he declared during the press briefing in Geneva. “We are keen to return the America’s Cup to the romantic era of J-Class size yachts, albeit updated with the very latest technology. This will create a superb spectacle and event for sailing fans worldwide.”
 
It was also announced that in the next few days there will be a Competitor Commission meeting to discuss the 33rd America’s Cup and elements of the Protocol, with the aim to mould this edition into an even greater success than its predecessor.
 
ACM also confirmed today that Valencia has been approved by the Spanish Council of Ministers and has now been officially ratified by all the Spanish Authorities for the 33rd America’s Cup. This completes all contractual proceedings regarding the venue for the Cup in 2009. ACM also confirmed that United Internet Team Germany has been officially accepted as the 5th challenger.
 
“Most of the team is now back from the summer break and we are pressing ahead with preparations for the next Cup in 2009, with a particular focus on developing the new class rule through consultation with the five confirmed challengers,” said Brad Butterworth, adding: “These new class rules will be released on 31st October 2007, 18 months before the first pre-regatta with the new boats, and two months earlier than initially planned.”
 
Brad took the opportunity to clarify and further explain aspects of the Protocol that have been misinterpreted over the summer period: 
 
CLARIFICATION OF ELEMENTS OF THE 33rd PROTOCOL
 
It has been alleged that CNEV is a ‘sham’ and not a legitimate Challenger of Record?
A: The legitimacy of the CNEV is unquestionable. For the 32nd America’s Cup, Desafío Español represented the Spanish sailing community through the Federation and it was decided to create a new club that captured the essence of Spanish sailing. This new Club incorporates the America’s Cup spirit in Spain and is chaired by the Vice Chairman of the Spanish Sailing Federation. BMW Oracle Racing are attempting to undermine the challenge on two counts both of which are erroneous as there are several examples of clubs being formed specifically to challenge for the America’s Cup (including clubs from Australia, Japan, Germany, US and Canada) and of clubs holding regattas after submitting a challenge. Furthermore, the credibility of the Spanish Challenge is further underlined by the strong performance demonstrated during the 32nd America’s Cup with them advancing to the Semi Final.
 
What is the impact of the BMW Oracle Racing legal challenge?
This is a legal ambush by one party; the fact is we have six competitors, including Alinghi, lined up for the 33rd America’s Cup. It is a distraction for the America’s Cup and is totally self serving on their behalf. It is most damaging for teams that haven’t yet entered given that this climate of uncertainty created by the GGYC prevents them from gaining sponsorship and building their teams. The 32nd America’s Cup saw the best action on the water and that is what we want for the 33rd America’s Cup.
 
What is the reason that ACM can refuse an entry?
See AC 33 Protocol clauses 2.7 (d), 4.4
A: First of all a competitor has to fulfil the requirements of the Deed of Gift and the Protocol. Furthermore, ACM is the event organiser and this rule has been written because, as in other major sporting events, we have a limited number of entries available, however, if a potential entrant feels they have been unfairly treated there is recourse through the Arbitration Panel.
 
ACM can throw out any competitor at any time?
See Protocol clause 5.4 (b)(d) 
A: No, ACM does not have the power to throw out a competitor at any time. ACM has the power to disqualify a competitor who refuses to be bound by the rules. Even in this extreme situation the competitor concerned would be entitled to appeal to the Arbitration Panel.
This is very similar to the obligations of any other global sporting event authority, including the IOC, FIFA and the FIA.
 
The officials are not independent?
See Protocol clause 5.4
A: The Protocol contains rules to ensure fair sailing and from a sporting perspective the 33rd America’s Cup will be no different to the 32nd. The key is what happens on the water and during the sailing competition will be in the hands of experienced officials, with a record of integrity, accredited by the International Sailing Federation (ISAF). The Challenger of Record can object to any senior (those with decision making powers) appointment if they believe the person is not neutral and the Sailing Jury will determine whether the appointment is neutral or not. 
 
Why does ACM need the right to change the competition regulations from ‘time to time’?
See Protocol clause17
A: ACM administered the 32nd America’s Cup, arguably the best America’s Cup of all time and it needs the appropriate authority to run the 33rd edition. This is no different to any other global high tech sport where the governing body has to provide regular interpretations and clarification of sporting and technical rules in a dynamic environment.
The Challenger of Record or the Defender can object to significant changes and ACM could refer the proposed change to the Arbitration Panel.
 
The new Competitor Commission has no voting powers?
See Protocol clause 10.1
A: The Defender and ACM need to be in consultation with the challengers to ensure the next event is as good as possible and therefore it made sense to be present within this forum. 
It should be noted that the Challenger Commission had no voting rights last time affecting the competition, only the power to recommend. The same applies to the Competitor Commission this time. 
 
The late publication of the new class rules will not give the teams enough time and will provide Alinghi with an unfair advantage?
A: We have been thinking about changing the class since 2003, as a matter of fact Russell Coutts was a strong advocate for a new class of boat for the 32nd America’s Cup. The design team is now back and working after the summer break in preparation for the six week consultation period which starts in mid September. This consultation will lead to the definition of the new class rule which will then be released on 31 October 2007, 18 months before the first pre-regatta in the new boats, and two months earlier than initially planned. In order to facilitate the work during the consultation period and to ensure the views of all competitors are represented an appropriate expert consultant will be appointed to oversee the process.
 
How will the new class rules lead to ‘close and exciting’ racing?
A: It provides for all competitors to start at the same level. It is our intention to limit the parameters of the ‘design box’ for the new class as this will assist in achieving our vision of state of the art boats and competitive racing befitting of the premier event in international sailing.
 
Alinghi will gain unfair advantage through competing in the Challenger Selection Series (CSS)?
Our philosophy to reduce cost and encourage competition is to return to the concept of a one boat campaign per team for the 33rd AC. This is the best solution to actively reduce the costs by avoiding having to hire two full crews and produce and maintain two fully rigged boats. However at the same time the Defender needs to be able to gauge and develop its relative performance and therefore needs to be included in the series. The other choice was for the Defender to two boat test from the start of the campaign, which is expensive and less attractive from an entertainment point of view. END

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ACM STATEMENT
Response to official filing of Legal Proceedings by Golden Gate Yacht Club
23 August 2007

The Société Nautique de Genève, Alinghi and America’s Cup Management are very disappointed that BMW Oracle Racing, through the Golden Gate Yacht Club, has followed through with its threat and officially filed legal proceedings in the New York Courts.

“ACM in good faith has proposed a protocol intended to advance the sport of America’s Cup sailing. Far from being an attempt to control everything, the new protocol has been written to make the 33rd America’s Cup even better: a new class of boat which brings the technology to state-of-the-art, exciting racing and an even higher profile and more professional event which befits the premier competition in sailing, “ said Michel Bonnefous, President ACM. “Our vision is to make the America’s Cup in 2009 comparable with the best sporting events in the World. This vision is shared by many Challengers from around the world, four of whom have now formally entered the competition, with others about to do so.

“Larry Ellison is holding the Cup to ransom for competitive gain by attempting to disrupt the preparations of the teams from Switzerland, Spain, South Africa, Great Britain and New Zealand, as well as many others who have notified of their intention to enter the competition shortly.”

“Ellison lost on the water in 2003 and in 2007, failing to secure a match for the America’s Cup,” said Brad Butterworth, Skipper, Alinghi, “He is now pretending to be the good guy, representing the interests of all stakeholders, whereas in reality they have gone to court to force an earlier private match on their terms without the involvement of other competitors.”

“While their legal teams are busy destabilising the 33rd Cup and the preparations of the existing challengers, they are simultaneously snapping up sailors left, right and centre. These underhand tactics make it particularly hard for the smaller teams who rely on sponsorship, which is very hard to secure under these circumstances, and shows disregard for all the legitimate competitors.”

Contact:
Michel Hodara, Chief Operating Officer, ACM michel.hodara@americascup.com
+34 618 992 021

Review of cuplegend 03
I know we carry adverts for cuplegend magazine but that doesn't mean we're biased! Issue 03 arrived recently and maintains, even exceeds, the high standards of the earlier editions.

Every Cup follower knows that sailing photography has developed into a real art-form over the last few years; photographers like Gilles Martin-Raget, Franck Socha, Chris Cameron and, perhaps most of all, Carlo Borlenghi produce spectacular new angles and close up action. The new Cup format allows them to give full reign to their creativity and we are used to seeing web sites full of spectacular fleet shots, men up the mast shots, acres of sailcloth and much water spray...

The thing is, whilst these shots look great on the computer screen they look SO much better on large format glossy paper. I've just read cuplegend 03 relaxed with some wine in a soft chair in front of a log fire. Opened out it is 46 cms wide by 30 cm deep. Act fleet shots across this spread of clossy paper are very impressive and the close-ups are very, well, close .

Of course the established yachting monthlies do nice pictures from the same photographers, but you are lucky to get a couple of pages on an Act. cuplegend is different. In edition 03 the Malmö - Skane Acts get a full 20 pages, Trapani 16 in addition to a page of season results and other Cup 32 coverage.

It's not all Cup 32 action, edition 03 has a section on the J Class and 23 Metres in action at the Monaco Classic Week, coverage of the 12 Metre Worlds at Newport as well as short pieces on the Breitling Medcup and the Maxi Alfa Romeo.

All text is in both English and French, well written and edited by Ludovic Sorlot. Now, these are not cheap at €13.60 a copy but are of such quality that they will never be worth less. When time permits I will review the two previous editions which cover the Marseilles and Valencia Acts. But best to see for yourself, don't be shy - click the banner...
Trevor Campbell

If you want to see any of the old stories they are here

                                                        

email trevor@mariantic.co.uk
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