Photo: Gilles Marin-Raget/BMW Oracle Racing America's Cup Cycle begins March 9 - now that the dust has settled on one of the bleakest periods in the history of the America's Cup, the next round of the Louis Vuitton Trophy beginning in Auckland next week has taken on a whole new level of significance.
A 2-year dispute between BMW Oracle and Alinghi over the rules of the 33rd America's Cup was finally settled on the water last month with the US syndicate's emphatic victory in Valencia. The details of the next America's Cup event have yet to be decided - the where, the when and under what rules are all still being worked through by BMW Oracle owner Larry Ellison and his chief executive Sir Russell Coutts.
But given that the American syndicate appear genuine in their desire to get back to a traditional multichallenger event with rules that will create a level playing field for all, the future of the event is looking decidedly rosier. And so, with things appearing to be back on track, Emirates Team New Zealand boss Grant Dalton believes the Louis Vuitton Trophy Auckland (March 9-21) is effectively the first regatta of the next America's Cup cycle.
"I think having some level of clarity with the America's Cup absolutely gives [this event] more teeth. It is the first regatta of the next America's Cup, and it just happens to be in Auckland, which is great," said Dalton.
Talks to integrate the Louis Vuitton Trophy as part of the next America's Cup have already taken place between Bruno Trouble, who manages the company's sponsorship programme, and Oracle as part of a series of discussions designed to overhaul the management of the event. They include a reinstatement of a challenger series which, as the old Louis Vuitton Cup, was part of the America's Cup for 25 years before a falling out with Ernesto Bertarelli, the owner of Alinghi (after the 32nd Match in 2007).
The French luxury goods maker withdrew its support and in conjunction with World Sailing Teams Association (WSTA), created last year with Team New Zealand as one of its founding partners, set up a rival regatta series known confusingly as the Louis Vuitton Trophy, which started in Nice last
November. Trouble said while nothing has been settled, he hopes the current series will become a preamble to the America's Cup. "With the Americans winning it is great news for us because, as you know, Larry Ellison is also founding member of the WSTA. Larry and Russell Coutts are both very strong supporters of the Louis Vuitton Trophy." -- NZ Herald Click for article
February 16, Yesterday's press conference of BMW Oracle Racing, Russell Coutts, skipper of Larry Ellison's team BMW Oracle Racing, confirmed today that Golden Gate Yacht Club has accepted the challenge from Club Nautico di Roma represented by Mascalzone Latino Audi Team.
The team chaired by Lara Ciribi Onorato is the new Challenger of Record for the 34th America's Cup. Her husband, Vincenzo, an experienced sailor, who has led Mascalzone Latino in the two previous America's Cup campaigns stated, "Thanks, Larry, thanks, Russell. I will pursue this role with honesty, passion, and friendship."
The Challenger of Record has the task of negotiating with the Defender the terms of the future competition which will be based on mutual consent, as reiterated by Russell Coutts. The purpose is to offer the America's Cup a future as a great sporting event based on fair rules, agreed upon by all participating teams.
Photo: Gilles Marin-Raget/BMW Oracle Racing
Just as in race one, the starting sequence provided early action, but this time it was in the form of an unforced error by Alinghi when they incurred a penalty by improperly being in the start area prior to the time permitted. After that, the start was all for BMW Oracle as they controlled Alinghi from behind as both boats were lined up to start at the port mark. Needing to escape, the defender tacked to port, but a slow turn led to them trailing by 24 seconds off the line, with USA 17 flying fast on starboard.
With the teams on split tacks, Alinghi 5 found a second life on the right side of the course when added wind pressure and a clocking shift gave them the advantage. BMW Oracle had tried to get back to the right to cover, but when they saw their deficit, they tacked to starboard below the Alinghi team for the long stretch out to the port layline. The advantage of the right side helped the Swiss team to build a 600 meter lead, a phenomenal turn around given their speed struggles in the first race. To add to this surprise, the Swiss raised a protest flag at about two thirds up the beat.
Closing in the port layline, the wind on the left returned, and when BMW Oracle tacked on the layline, the deficit between the teams was down to 50 meters. Alinghi, without enough of a lead to tack above and cover the challenger, crossed and tacked above, thus giving USA 17 the lead to the race.
The course was an equilateral triangular race of thirty-nine nautical miles, and with the 13 nm beat completed, BMW Oracle rounded the weather mark to starboard with a 28 second lead and commenced on the two reach legs. USA 17, which proved so dominant offwind in race one, was equally dominant today, quickly growing the lead and rounding the reach mark now with a 2:44 minute margin.
The final leg to the finish was a celebration in the amazing performance of USA 17, maintaining speeds in the low 30 knot range. Alinghi had few answers on the final leg, and with the winds strength still manageable and a calm ocean swell, USA 17 was in complete control. The final delta at the finish for USA 17 over Alinghi 5 was 5:26 minutes, with the victorious challenger crossing the finish line in near darkness at 18:34.
The event website for the 33rd America's Cup provided live online coverage with Peter Montgomery, Andy Green, and Cam Lewis commentating for the official Host Broadcaster - Click here
ESPN360.com (USA only) carried the live coverage from the Host Broadcaster with Gary Jobson and Randy Smyth commentating. All races are available for replay - Click here
Boatson.tv was the Host Broadcaster live pictures from the course in Valencia and other general Americas Cup programme and can be watched on their special Americas Cup TV video players - Click here
BMW Oracle Racing hosted the
official live feed of the racing from the Host Broadcaster and
produced additional online coverage.
Click for: livestream.com/bmworacleracing
Click for: bmworacleracing.com
SCUTTLEBUTT EXCLUSIVE - BENNETT RISES ABOVE RIFF, By Cory E. Friedman, America's Cup analyst
Valencia, Spain (February 14, 2010) - By now many 'Buttheads know that challenger USA 17 crushed defender Alinghi 5 in both races to win the 33rd America's Cup. However, reliable sources tell Scuttlebutt that even when you thought it could not get any worse - it did. The defense club - Société Nautique de Genève (SNG) - had their Race Committee actually go on strike and refuse to start Sunday's race ordered by ISAF approved PRO Harold Bennett. To begin the second race of the Match, Bennett was forced to draft Golden Gate Yacht Club (GGYC) observer Tom Ehman and a Guardia Civil cop on board the RC boat and ordered them to run the flags as Bennett counted down himself.
Sunday was the last day a race could be run before several days of strong winds and dirty weather struck. Unlike previous days, even though conditions were not suitable for a race, Bennett got the boats out early and they sat on the course all day with the 4:30 pm cut off for a start looming. Around 4 pm the wind had shifted and filled in and Bennett started preparing for a start. SNG's race committee just did not want to start, claiming that the waves were in excess of 1 meter - Alinghi's sea state tolerance. Bennett ordered the AP down and the Race Committee flat out refused. A major row ensued and both sides held their ground.
Luckily, prior to the first race, with questions about SNG's RC's ability to overrule Bennett swirling, Bennett had requested an observer from GGYC. GGYC appointed Tom Ehman, SNG bete noire, which lit SNG up and the solution was to bring along an SNG observer and minder for Ehman. Bennett lived up to his reputation for even handed officiating in Race 1, when he resisted SNG's pressure to start the race before the wind filled in.
In the face of the SNG RC's intransigence, Bennett's solution was to draft Ehman and the Guardia Civil cop and order them to run the flags. The race was started at 4:25, just 5 minutes before the deadline and over the SNG RC's strike. Without Bennett's decisive action, the Cup would still be on hold for days, if not weeks. The result is history as USA crushed Alinghi and brought the Cup home to the United States of America.
More details to follow in subsequent reports - right now it's party on.
America's Cup reports: http://www.sailingscuttlebutt.com/news/07/cf/
February 12, AMERICA'S CUP - RACE 1, Valencia, Spain, BMW Oracle Racing has won the first race of the 33rd America's Cup Match against the defender Alinghi team. The challenging team put a penalty on Alinghi 5 in the pre-start, but later during a slowing maneuver by both boats, USA 17 was caught too close to the wind and lost all speed. Alinghi 5 was able to escape, building a lead of over 600 meters before the BMW Oracle Racing team could start.
However, after that it was all for the challenger, proving faster on the 20 mile upwind leg, and leading at the top mark by 3:21 minutes. Any question about the Alinghi 5 catamaran having an advantage on the 20 mile downwind leg to the finish over the USA 17 trimaran was quickly answered as the challenger further increased their lead.
After the Alinghi team completed its penalty turn and finished, the final delta was 15:28 minutes.
Watching the 33rd America's Cup [recommendations by Scuttlebutt Europe] while the race schedule is wholly dependent on the weather, the basic scoop is that the Match will be won by the yacht to first win two races. Race warning signal is at 10:00 am, with race to start at 10:06 am. Races will be attempted every other day beginning Monday February 8th. If a race is not started on a given day, or is abandoned for whatever reason, racing will continue on the next scheduled race date, (Wednesday the 10th, Friday the 12th, Sunday the 14th, etc.).
The time, of course, is local time (CET) in Valencia, Spain (UTC/GMT +1 hour). Click here for Valencia time & Valencia weather forecast
Here are some of the other online options:
The event website for the 33rd America's Cup provided live online coverage with Peter Montgomery, Andy Green, and Cam Lewis commentating for the official Host Broadcaster - Click here
ESPN360.com (USA only) carried live coverage from the Host Broadcaster with Gary Jobson and Randy Smyth commentating. All races will also be available for replay - Click here
Boatson.tv has secured the Host Broadcaster live pictures from the course in Valencia and other general Americas Cup programme which can be watched on their special Americas Cup TV video players - Click here
BMW Oracle Racing hosted the official live feed of the racing from the Host Broadcaster:
Click for: livestream.com/bmworacleracing
Click for: bmworacleracing.com
February 4, The New York Supreme Court has set a date of February 25 to hear the "constructed in country" case concerning the sails being used by Alinghi 5.
The Golden Gate Yacht Club contends that the Deed of Gift requires the sails for each team to be built in their country, and that the Swiss team has not followed this rule. For all sailors tiring of litigation, a win by GGYC on the water will end the need for this hearing.
January 23, Justice Kornreich of the New York Supreme Court informed the America's Cup defending yacht club, Société Nautique de Genève, and the challenging Golden Gate Yacht Club today via telephone conference that she will not hear the American challenger's complaint regarding the 'constructed in country' requirement of the Deed of Gift before the 33rd America's Cup Match which is scheduled to begin on 8 February.
This means the 33rd America's Cup is free to proceed as ordered by previous New York rulings: in Valencia on the 8, 10 and 12 February.
"This is excellent news. We are delighted that BMW Oracle's attempts to disqualify Alinghi and to win the America's Cup in court have been denied. We look forward to meeting them on the start line here in Valencia on 8 February to race for the Cup; something they can no longer try to avoid," said Ernesto Bertarelli - two-time America's Cup winner - on hearing the news when returning ashore after today's race training session.
Sailtexas comment: The only decision - out of fourteen - that Société Nautique de Genève has won in the New York Supreme Court was to have Racing Rules 49-54 deleted from America's Cup racing for the first time ever. This permitted the yachts to use an engine to replace manual power, and skin friction reduction systems (previously banned are now permitted).
Still Swinging At Each Other.
Fred Meyer, Société Nautique de Genève : "The latest flurry of legal documents and public statements from Larry Ellison's Golden Gate Yacht Club further demonstrates his overriding ambition of winning the America's Cup without racing for it on the water. Not only is BMW Oracle pursuing its ninth attempt to disqualify the Swiss Defender through a New York court with a skewed interpretation of the Deed of Gift, but they have also intensified their legal campaign on another front.
BMW Oracle is determined to angle the America's Cup competition in its favour, this time through a four-point redress to the International America's Cup Jury on rules set out in the Notice of Race and the Sailing Instructions issued by SNG for the 33rd America's Cup. The challenger has still not comprehended that what it has forced is a "Deed of Gift Match". There is no Mutual Consent - even the New York Supreme Court has told them that the rules are those of the defending yacht club, a fact stated very clearly in the Deed of Gift itself.
To address Tom Ehman's attacks on the legality of Alinghi's sails: history and facts support SNG's interpretation of the Deed of Gift's 'constructed in country' requirements as recently declared by American historian, John Rousmaniere: "Unlike hulls, sails were not regarded as subject to nationality restrictions - not by sailors, not by sailmakers, and not by the donors and the trustee New York Yacht Club."
We have been clear: if BMW Oracle succeeds in disqualifying the Defender's sails then there will be no Match, Russell Coutts will have won the America's Cup for Larry Ellison without sailing. An irony unto itself given Russell's use of 3DL sails on every AC team he has raced with since 1995; New Zealand, Switzerland and now the USA.
As further example of their double standards, BMW Oracle are attempting to circumvent the 'Trash Disposal and Environmental Protection' rule in the Sailing Instructions to continue to freely pollute the waters of Valencia by discharging a cocktail of chemicals under their hulls to make their boat go faster. SNG insists that both competitors respect Spanish waters as they do their home waters.
And while we are setting the record straight, their claim of a 'Singapore Agreement' is pure fabrication. The signatures that Tom Ehman has been flaunting were on an early draft that was discarded and subsequently developed on before BMW Oracle aborted the meeting by suing our club for a ninth time.
www.alinghi.com
From Tom Ehman, GGYC:
BMW ORACLE Racing is employing a variety of environmentally-safe friction-reduction technologies. "Our hulls are more slippery and, therefore, move more efficiently through the water than ever before," said design team member Manolo Ruiz de Elvira (ESP). The only decision - out of fourteen - that Societe Nautique de Geneve has won in the New York Supreme Court was to have Racing Rules 49-54 deleted from America's Cup racing for the first time ever. This not only permitted the yachts to use an engine to replace manual power, but skin friction reduction systems, previously banned, are now allowed.
"We are not going to say exactly what systems and technologies we are using on our trimaran, but I can assure you they make an already fast boat even faster," Ruiz de Elvira said. "Our design team has found the ultimate solution - fast and green. SNG's blatant attempt to reverse the Court's ruling permitting friction reduction systems, which the Swiss themselves fought for, is now in the hands of the International Jury at the request of GGYC.
And another: Tonight GGYC filed its response to Societe Nautique de Geneve's (SNG) submissions to the New York Supreme Court of last week.
There are two important questions before the Court:
In an America's Cup "Deed of Gift match," must the sails of competitors' yachts be constructed in the country they represent?
Were Alinghi's sails constructed in Switzerland?
GGYC believes the answers are clear: yes, sails must be constructed-in-country; and, no, Alinghi's sails were constructed in the USA, not Switzerland. Last week SNG let go an avalanche of papers to obscure these simple questions. The Swiss defender has long appeared to be suffering from snowblindness over the fact that the 33rd Match is not a normal regatta. It is not even a normal America's Cup. It is a "Deed of Gift match" in which the clear wording of the Cup's ruling document must be adhered to by both teams.
GGYC's briefs filed tonight are available in full at www.ggyc.com
January 18, Whose signatures are missing from the Singapore Agreement?
The War of Words has continued between the Challenger and Defender since the breakdown of talks, last Thursday at Singapore aimed at resolving the outstanding issues in the 33rd America's Cup.
Even though the Meeting, convened under the Chairmanship of the International Sailing Federation’Äôs David Tillett, broke up without a signed agreement, discussion has apparently been ongoing..
Late last week, Sail-World was told that the matter was still a 'live bunny', although many could not see too much hop left in this particular rabbit..
Since that comment one of the great tools of the 33rd America’Äôs Cup, the Open Letter, has been used by both the Challenger and Defender to put their various positions..
The latest comes from the Challenger, Golden Gate Yacht Club, this morning (NZT) chasing the bobtail of Defender, Société Nautique de Genève, and their offer a few hours before, to re-open the discussions from Singapore.
Russell Coutts, CEO of BMW Oracle Racing was in a slightly perplexed frame of mind, when called this morning (NZT) in Valencia, to discuss the latest about turn by the Defender, as they had apparently declared the arrangements for the regatta were done and dusted, last Friday - Alinghi /SNG fired off a letter, purportedly from Brad Butterworth blaming GGYC / BMW Oracle Racing for killing the deal - Click for full article
From GGYC: I am formally asking your yacht club to retract immediately the comments made by representatives of your America's Cup defender Alinghi.
My yacht club, BMW ORACLE Racing and our partners are owed an unreserved apology for the falsehoods set out by Brad Butterworth about the attempts to negotiate a mutual agreement in Singapore.
Our side did not withdraw the offer to settle. The opposite was true.
The final document was signed by Tom Ehman and Richard Slater on behalf of GGYC /BMW ORACLE Racing. The other signature belongs to David Kellett of the International Sailing Federation, acting as witness.
Not withstanding the false statements made by Alinghi to the press, GGYC remains committed to resuming talks so that all the outstanding issues are cleared up before racing starts for the 33rd Match starts.
From SNG: This responds to your letter dated January 15, 2009. None of us were in Singapore and we both have to rely on the reports we received from our teams. Your accusation against a highly respected sailor is without grounds and very unfair.
GGYC's representatives clearly bear the substantial responsibility of the negotiations' failure. While Alinghi representatives were acting in good faith in Singapore, GGYC lawyers filed a factually and legally baseless motion with the New York Supreme Court on a topic (Constructed in Country) that was a subject of those negotiations. This GGYC court filing was the cause of the failure of the negotiation and is further evidence of GGYC's bad faith conduct.
It is not the first time that your representatives show a lack of good faith. On November 9, 2009, your representatives took the opportunity of settlement talks at your lawyers' offices to serve the new breach of trustees law suit!
SNG acknowledges your statement that GGYC would like to negotiate further, and we confirm that SNG would be prepared to do so provided that GGYC withdraws its baseless Constructed in Country motion. The America's Cup should be decided on the water not in the courts.
And the final reparte January 17 from GGYC: To set the record straight, of the three parties that drew-up the Singapore Agreement only SNG/Alinghi did not sign it. Since then, David Tillett, chairmain of the International Jury for the 33rd America's Cup and present at the meeting, has confirmed publicly that one side "balked" at signing the Singapore Agreement at the "11th hour."
Your negotiators knew that we had delayed serving the "constructed-in-country" legal paperwork for a week pending the Singapore meeting.
Moreover, after SNG/Alinghi refused to sign the deal that had been negotiated in Singapore on Tuesday, your representatives were advised Tuesday night that we would proceed with the CIC motion at 1000 Wednesday morning if SNG/Alinghi had not agreed by then to the deal negotiated on Tuesday, or something substantially similar.
When SNG/Alinghi made no such agreement by 1000 Wednesday morning, we proceeded with the CIC motion. Thereafter, we note the talks continued with renewed vigor, and that soon your negotiators did agree a deal similar to Tuesday's. No doubt there were and are fully aware of the "constructed in country" problem your team faces.
You will be aware that the Singapore Agreement included a provision that all legal actions by both sides - including Wednesday's CIC motion - would be droped. Be advised we will not rescind that motion unless and until your Club signs the Singapore Agreement.
We hereby renew our commitment to Draft 8 of the Singapore Agreement, but this offer ends at 1900 CET tomorrow, Monday, January 18.
January 15, Golden Gate calls out Swiss club over America's Cup Meeting comments. In an Open Letter, posted on the Golden Gate Yacht Club website, the Club Commodore, Marcus Young, has strongly disputed comments made following the meeting, notably in a statement issued under the name of Brad Butterworth, skipper and CEO of Alinghi.
M. Pierre-Yves Fimienich
Société Nautique de Genève
Port Noir
CH-1223 Cologny
Switzerland
January 15, 2010
Dear Commodore Firmenich
The 33rd America's Cup
I am formally asking your yacht club to retract immediately the comments made by representatives of your America’Äôs Cup defender Alinghi.
My yacht club, BMW ORACLE Racing and our partners are owed an unreserved apology for the falsehoods set out by Brad Butterworth about the attempts to negotiate a mutual agreement in Singapore.
Our side did not withdraw the offer to settle. The opposite was true.
The final document was signed by Tom Ehman and Richard Slater on behalf of GGYC/BMW ORACLE Racing. The other signature belongs to David Kellett of the International Sailing Federation, acting as witness.
Notwithstanding the false statements made by Alingbi to the press, GGYC remains committed to resuming talks so that all the outstanding issues are cleared up before racing starts for the 33rd Match.
As Trustee of the America's Cup I am sure your club understands its responsibilities in this regard.
Yours sincerely,
Marcus Young
Golden Gate Yacht Club - Click for letter
January 13, The originally planned one day meeting in Singapore, chaired by ISAF Rules and Int Jury Chairman, David Tillett, has broken up without agreement being reached on the complete package of rules trade-offs designed to resolve all outstanding issues in the 33rd America's Cup.
The meeting was attended by Tom Ehman and Richard Slater from BMW Oracle Racing and Hamish Ross and Brad Butterworth from Alinghi, along with Tillett (AUS) and the ISAF's Treasurer and Executive Committee member, David Kellett (AUS).
Originally planned for one day, the meeting stretched to two, in order to reach agreement on all issues, including the vexed 'Constructed in Country', on which the Challenger, Golden Gate YC lodged a further complaint with the New York Supreme Court yesterday.
According to a statement issued by BMW Oracle Racing the SNG negotiators agreed on several occasions to a package resolving the matters, however on referral to Switzerland the agreement was knocked back.
The statement issued by Russell Coutts of BMW Oracle Racing reads:
'Talks in Singapore to settle major issues ahead of the 33rd America's Cup have broken up. No mutual agreement was reached.
'This is very disappointing and frustrating,' commented Russell Coutts, CEO of BMW ORACLE Racing.
'On three separate occasions during the two days of talks there was a final draft of an agreement. GGYC was ready to sign. SNG's negotiators were prepared to sign, but it seems they were not given permission.'
GGYC would like to thank the negotiating teams - Tom Ehman and Richard Slater for GGYC and Brad Butterworth and Hamish Ross for SNG - for their tireless efforts to reach a solution.'
'GGYC is also grateful to International Sailing Federation's representative David Kellett and the chairman of the International Jury David Tillett for the 33rd Match for their helpful involvement in the search for a settlement.'
Further action both through the Int Jury and possibly New York Supreme Court is expected as a result of the failure of the negotiators from Alinghi to have their undertakings countersigned by Société Nautique de Genève. An outcome that is even more surprising given that one of the negotiators for Alinghi was their skipper, Brad Butterworth.
Had an agreement been reached the 33rd America's Cup would have proceeded under Mutual Consent for its final days, turning the corner of a bitter period of over two years of litigation, acrimony and vitriol which has not served the parties well, and which has caused immense damage to the profile of the the sport of sailing.
Société Nautique de Genève's Vice Commodore, Fred Meyer had earlier issued a media statement on the action taken by Golden Gate Yacht Club over its sail manufacture:
'While Brad Butterworth, Alinghi skipper and Société Nautique de Genève representative, was in Singapore engaged in good faith discussions to resolve remaining issues ahead of the 8 February America's Cup Deed of Gift Match in the presence of David Tillett, the chairman of the ISAF America's Cup Jury, and David Kellett, the ISAF representative, BMW Oracle unilaterally aborted talks by filing their ninth lawsuit against the Société Nautique de Genève at the New York Supreme Court seeking to disqualify the Defender from the upcoming Match.
'BMW Oracle has already successfully disqualified 18 teams through the US courts to gain access to the Match, now they are seeking to win the Cup without ever racing for it,' said Brad Butterworth. 'This latest lawsuit has come as a shock given we were planning a further meeting to finalise discussions today, it demonstrates extreme bad faith. Clearly they are not ready to race. They have completely disregarded the jurisdiction of the ISAF America's Cup Jury, which they sought so hard to have instated, and have instead reverted to the New York courts where they clearly feel they have a greater chance of success,' he added.'
'SNG's defending yacht has been constructed in Switzerland in compliance with the provision of the Deed of Gift. SNG disagrees with GGYC's interpretation.'
'BMW Oracle's statement that Alinghi will be using USA-made sails is wrong. The sails for the Match have been constructed in a sail loft in Villeneuve, Switzerland. Furthermore, the 3DL process of making sails is subject to Swiss intellectual property rights. The inventors of the process, Jean-Pierre Baudet and Luc Dubois, are two Swiss engineers. Every challenger and defender for the America's Cup since 1995 has used 3DL Swiss technology based sails.'
'BMW Oracle's attempt to derail the America's Cup, and disregard ISAF's jurisdiction, and their continued unsportsmanlike behaviour is unacceptable,' said Fred Meyer, SNG vice-commodore. 'Alinghi is ready to race on the 8 February as mandated by the 7 April 2009 court order,' he added. 'We won the right to defend the America's Cup on the water by winning the 31st and 32nd editions, we want to go racing, we do not want the outcome of the America's Cup determined in court,' he concluded.'
The matter is expected to be heard by the New York Supreme Court ahead of the match in just three weeks.
However the dispute will be subject to Appeal at the Appellate Division level and possibly beyond.
That Singapore Meeting Didn't Work Out Too Well - from Golden Gate YC / BMW Oracle Racing: Valencia, Spain: Can the Swiss defender race with sails made in the USA? This is the question Golden Gate Yacht Club put to the New York Supreme Court today.
GGYC has asked the Court to resolve this following the breakdown of two days of talks in Singapore with the America's Cup defender Societe Nautique de Geneve at which mutual agreement was being finalized when negotiations ended.
The Singapore meeting followed one last week in Valencia where a previous goodfaith effort was also made to settle the matter.
"Naturally we are disappointed to see the chance of agreement taken away," commented Coutts.
Also at the talks were David Kellett, from the International Sailing Federation's Executive Committee, and David Tillett, chairman of the International Jury for 33rd Match.
Constructed-in-country is not a hypothetical question, but a fundamental one. The Deed of Gift is clear. Without mutual consent and in the absence of other rules, Alinghi, cannot construct sails in the USA and claim they are Swiss-made.
The New York Supreme Court has previously ruled on other key issues affecting the yachts of the challenger and defender ahead of the Match; such as whether engines can be used to power the winches and whether rudders are included in the measurement of the yacht's waterline length.
"Once again SNG is showing total disregard for the Deed. First SNG claimed that sails were not part of the yacht. Then it claimed that Alinghi's sails were built in Switzerland, not the USA. Now, SNG is saying that 'constructed-in-country' is not relevant until it announces its yacht for the Match."
GGYC disagrees on all three counts.
"Our aim is to make sure that the Deed of Gift is upheld, and that the result of the Match on the water is beyond question," Coutts said - www.ggyc.com
Alinghi, Geneva, Switzerland: While Brad Butterworth, Alinghi skipper and Société Nautique de Genève representative, was in Singapore engaged in good faith discussions to resolve remaining issues ahead of the 8 February America's Cup Deed of Gift Match in the presence of David Tillett, the chairman of the ISAF America's Cup Jury, and David Kellett, the ISAF representative, BMW Oracle unilaterally aborted talks by filing their ninth lawsuit against the Société Nautique de Genève at the New York Supreme Court seeking to disqualify the Defender from the upcoming Match.
"BMW Oracle has already successfully disqualified 18 teams through the US courts to gain access to the Match, now they are seeking to win the Cup without ever racing for it," said Brad Butterworth. "This latest lawsuit has come as a shock given we were planning a further meeting to finalise discussions today, it demonstrates extreme bad faith. Clearly they are not ready to race. They have completely disregarded the jurisdiction of the ISAF America's Cup Jury, which they sought so hard to have instated, and have instead reverted to the New York courts where they clearly feel they have a greater chance of success," he added.
SNG's defending yacht has been constructed in Switzerland in compliance with the provision of the Deed of Gift. SNG disagrees with GGYC's interpretation.
BMW Oracle's statement that Alinghi will be using USA-made sails is wrong. The sails for the Match have been constructed in a sail loft in Villeneuve, Switzerland. Furthermore, the 3DL process of making sails is subject to Swiss intellectual property rights. The inventors of the process, Jean-Pierre Baudet and Luc Dubois, are two Swiss engineers. Every challenger and defender for the America's Cup since 1995 has used 3DL Swiss technology based sails.
"BMW Oracle's attempt to derail the America's Cup, and disregard ISAF's jurisdiction, and their continued unsportsmanlike behaviour is unacceptable," said Fred Meyer, SNG vice-commodore. "Alinghi is ready to race on the 8 February as mandated by the 7 April 2009 court order," he added. "We won the right to defend the America's Cup on the water by winning the 31st and 32nd editions, we want to go racing, we do not want the outcome of the America's Cup determined in court," he concluded -- end.
It is expected that the Court will rule before the first race scheduled for February 8 in Valencia, Spain - http://www.ggyc.com/acnews.php
January 11. America's Cup - Golden Gate Yacht Club Tom Ehman, Head of External Affairs for BMW Oracle Racing, has issued the following statement on behalf of its club the Golden Gate Yacht Club:
'Golden Gate Yacht Club has received the draft Sailing Instructions and revised Notice of Race Société Nautique de Genève.
'Golden Gate Yacht Club is hopeful that the remaining issues will be solved satisfactorily in talks with SNG to be held next Tuesday in Singapore.
'These talks will be in the presence of the Chairman of the International Jury, David Tillett and, International Sailing Federation representative, David Kellett.
'GGYC does not expect to make any further comment until after the Singapore meeting.
'The 33rd Match starts February 8, 2010, in Valencia, Spain'.
Issues still believed to be on the table is the requirement inserted into the Notice of Race by SNG for BOR90/USA to moor in the outer Darcena, which BMW Oracle Racing are believed to be disputing on grounds of bring too restrictive for their wingsailed challenger.
There may be issues raised when BOR90/USA is presented for measurement (although the Notice of Race has been modified to correctly state that the measurements 'shall not exceed..'
The vexed issue of Constructed in Country, particularly over the used of sails by the Defender which BMW Oracle Racing claim are made in USA (Alinghi have stated they are made in Switzerland) is expected to be tested before the regatta starts - possibly by another direct approach to the New York Supreme Court rather than via the International Jury, which has now been constituted.
January 9, What is behind the 'Sails' controversy . . . The American team says that applies to the sails as well as the hulls.
Alinghi issued a statement that said: "Société Nautique de Genève and Alinghi thank Golden Gate Yacht Club and BMW-Oracle for their Christmas gift and their wishes for further litigation in the New Year!"
"Having disqualified all other challengers for the 33rd America's Cup through their legal strategy, Larry Ellison’Äôs team is now trying to do the same with the defender and continues to pursue its attempt to win the America's Cup in court rather than on the race course," said the statement from Fred Meyer, vice commodore of the SNG.
Grant Simmer, Alinghi's design coordinator, said: "We fear that this is an attempt by BMW-Oracle to avoid racing Alinghi on Feb. 8. BMW-Oracle's accusations regarding the defending yacht are simply false: Alinghi 5 complies with the Deed of Gift 'constructed in country' requirement; it was built in Switzerland, and so are its sails."
Tom Ehman, a spokesman for the American team, said: Alinghi's interpretation of constructed-in-country is "absolutely ludicrous, since everyone knows that Minden, Nev., is the only place on the planet you can build those sails. Having sail panels molded in Minden and shipping them to Switzerland to tack on some fittings and paint stripes is not building them in Switzerland."
"By that standard, they could have molded the hull in the United States, sent the pieces to Switzerland to put them together and added the rig and claimed the boat was built in Switzerland," Ehman said. "If you want something even more ridiculous, we know they had some sails flown to Ras al Khaimah (where the Swiss trained on the Persian Gulf) and put them together there. Are they going to claim that sails made in Ras al Khaimah meet the rule?"
Ehman said BMW-Oracle is willing "to sit down with Alinghi and discuss this. If they come to us and said, 'Hey, there's no way we can build sails for a boat like this in Switzerland,' we can work something out. But they won’Äôt even answer our letters."
What he didn't say was that there undoubtedly would be a quid pro quo for such a concession, most likely changing the start to April 12 and increasing the number of races from the three specified in the Deed of Gift to the five or seven the Americans want.
There's more than a little irony in the Swiss charges that the Americans are using the courts to their advantage. It was the Swiss who waited until the American boat was built and then tried to change the rules to make the BMW-Oracle entry illegal. And Swiss appeals of court decisions prevented a traditional America's Cup with multiple competitors from taking place last summer.
The sides have been slashing at each other in court for more than two years, and the Americans want Alinghi to say within five days whether its sails were made in Switzerland. This time, legal action might be a good thing if it preempts a nasty legal squabble after the event.
The first Deed of Gift establishing the cup as an international challenge race at the pinnacle of sailing was written in 1857. It was amended several times as technology and geopolitics changed, but because they can't agree on anything, the 113-foot Yankee trimaran and 115-foot Swiss catamaran will race a grudge match under basic rules laid down in 1887.
The Swiss have deep-sixed all of the rules from previous cups that the courts would let them toss out. Their interpretation of "constructed in the country" might mean "assembled in Switzerland" from bits and pieces obtained wherever the Alinghi team wants to get them, including the massive sails. The big cat's mainsail is about 180 feet tall, and the boat has over 5,000 square feet of sail area, as much sail as is carried by 10 cruising 30-footers.
The North Sails loft in Nevada is the only place in the world that can make the monstrous sails used by America's Cup boats in recent races. The sails aren’Äôt sewn from soft fabrics like those of most sailboats, rather they are poured and molded in huge ovens. The Americans say using sails made in Nevada is a blatant violation of the 1887 rules under which this cup will be run.
Until the 1970s, the Americans, who had defended the America's Cup successfully since first winning in 1851, insisted that even the sailcloth be made in the challenger's country. But the Australians complained that made it impossible for them to compete, because in those days, the best high-tech sailcloth was made only in the United States and England.
So the New York Yacht Club agreed to allow challengers to buy and use sailcloth from America, although the sails still had to be made in the challenger's country, and that change played a vital role in the Aussies breaking the NYYC’Äôs 132-year stranglehold on the America's Cup in 1983.
The rule was changed again in the 1990s, when America's Cup adopted bigger boats whose sails were no longer sewn out of cloth. The new sails were literally baked into shape, and in the last five America's Cups, the defenders and competitors all had their sails made at the same loft, although each team did its own design work.
The Americans claim their trimaran is the epitome of "Made in the USA," with virtually every scrap of carbon fiber, metal and other material on board created in America.
That's to be expected in a huge, populous country like the United States. It's tougher to accomplish in a tiny nation like Switzerland, but the Swiss have long been masters of technology of every type, and they even invented the sail-making technology used by the Minden loft - Click for article by Eric Sharp, Detroit Free Press
Photo:Gilles Martin-Raget/BMW Oracle Racing
January 4, In the early hours of Monday, BMW Oracle Racing's race boat arrived in Spain as the team completes its move from San Diego back to Valencia for the 33rd America's Cup next month.
The "Oceanlady" cargo ship arrived in the commercial port of Valencia after 20 days at sea, carrying the BOR 90, the trimaran the team has built to challenge for the Cup.
The "Oceanlady" transported approximately 200 tonnes of equipment from the team's training and development base in San Diego, including the BOR 90 trimaran, the main element of the wing sail, four custom made boxes containing the wing flaps, spare masts, 19 shipping containers, and 10 other boats (RIBs etc.).
The ship was unloaded over the course of the day. With the BOR 90 trimaran, the wing sail and the other cargo now safe on shore, the trimaran and all of its components will undergo a thorough work-up by the shore team to ensure the boat is match fit before the Valencia training session begins.
In the meantime, the sailing team has scheduled several days of multihull match-racing practice in the Extreme 40 catamarans beginning on Thursday. -- www.bmworacleracing.com
The 33rd America's Cup defending team, Alinghi, arrived in Valencia, Spain today and will transfer to its existing base in the Darsena (the inner harbour of Valencia) over the next couple of days to begin its final preparations towards the Deed of Gift Match that starts on 8 February. The team's catamaran Alinghi 5, the masts and 20 support containers reached their final destination aboard the Cassandra B container ship on Monday afternoon after a 14 day voyage from the team's previous base in Ras Al Khaimah in the United Arab Emirates.
"We hope that the people of Valencia will be excited to witness the arrival and preparation of our catamaran. We understand the American challenger has also arrived to Valencia and hopefully both boats will be moored in the Darsena and will provide a great spectacle. Since these new yachts are so fast and the racing will take place a long way offshore viewing the yachts from the water will be difficult for the fans, the sponsors and the media; that is why we think the Darsena will form an important arena for this event,"said Grant Simmer, Alinghi design team coordinator.
The team completed a very successful two month training period on 16 December 2009 in the Arabian Gulf and cast off, bound for Europe, on the 21 December. The Cassandra B travelled 4,500 nm out of the Arabian Gulf, into the Red Sea, through the Suez Canal and across the Mediterranean to return the Defender to the Alinghi base in Valencia, which was home to the highly successful 32nd America's Cup.
Alinghi plans to start sailing in Valencia mid-month and will focus on training for the 36 days that remain until the 33rd America's Cup Match. -- www.alinghi.com
And Why The Frequent Mentions Of Darsena???
Just this friendly exchange of letters:
This gem from a letter from GGYC's Commodore Marcus Young to SNG's Vice Commodore Fred Meyer:
"I am also re replying to your letter of December 27,2009 insisting that BMW Oracle Racing's yacht be moored in Valencia's Darsena. We view the safety of our crew, our yacht and other users of the Darsena as priority number one, and will will not be pressured into jeopardizing them. "
That was prompted by two letter sent by SNG, one to Jorge Gilbert of "Consorcio Valencia 2007" which says in part:
"As you express in the introduction of your letter, you wish to organize a "compact event" in the Darsena and we - at SNG - believe that the presence of both teams in the Darsena is compulsory for the success of the event.
Unfortunately, the presence of the teams in the Darsena is not yet confirmed. While SNG team - Alinghi - has prepared to operate exclusively from its base in the Darsena, Golden Gate Yacht Club (GGYC) and BMW Oracle Racing (BOR) have declared at a meeting held on December 17, 2009 in Valencia in your presence that BOR was building facilities in the commercial harbour of Valencia to host the challenging vessel USA from its arrival on January 5, 2010 until the end of the America's Cup.
As you may know, under the NOR, the competitor's boats must be kept in their assigned places in the Darsena or in the outer harbour of Valencia Darsena. Any mooring of GGYC boat in the commercial harbour would violate the NOR, negatively impact the 33rd America's Cup, and significantly damage SNG and Alinghi. SNG will use its best endeavours to enforce the NOR.
We ask you and the Spanish Authorities to clarify with GGYC and BOR if and - to which extent - they intend to comply with the NOR and operate exclusively from the Darsena."
Another one from SNG to GGYC also insists on Darsena as required by the NOR.
All three letters are posted in full on the ScuttlebuttEurope.com site:
scuttlebutteurope.com/pdf/GGYC-SNG.pdf
scuttlebutteurope.com/pdf/SNG-Consorcio.pdf
scuttlebutteurope.com/pdf/SNG-GGYC.pdf
January 2, 2010, Société Nautique de Genève (SNG), has sent a letter to Golden Gate Yacht Club representatives on 31 December 2009, inviting the American Challenger to a meeting with David Tillett, the Chairman of the 33rd America's Cup International Jury, to discuss various topics raised by both teams.
SNG say in a statement that they anticipate all issues to be resolved through discussion and expects the best-of-three 33rd America's Cup Match to take place without delay, starting on 8 February in Valencia, Spain. Click for Sail-World article
December 23, Statement from Fred Meyer, Société Nautique de Genève (SNG) vice-commodore: BMW Oracle's accusations regarding the defending yacht are simply false: Alinghi 5 complies with the Deed of Gift "constructed in country" requirement, it was built in Switzerland and so are its sails.
Tom Ehman, Golden Gate YC spokesman: Obviously, what Alinghi buys from Minden is not some simple, off-the-shelf item widely available around the world, but a custom, highly specialized, technologically sophisticated sail built specifically for Alinghi 5. Whether they add some fittings to it in SUI, or RAK, does not deflect the fact that the sail was constructed in the USA.
December 22, America's Cup defender Société Nautique de Genève (SNG), has been asked if Alinghi 5 will meet the event's nationality rules. In a letter today to SNG, GGYC Commodore Marcus Young wrote, "We find the Deed to be clear and unambiguous. It requires that the yacht, including its hull, appendages, mast and sails, be constructed in the country of the club it represents. We have gone to great lengths to comply with the Deed in all respects, including 'constructed-in-country,' and expect that your Club will do so as well."
Alinghi 5 has been sailing continually with sails made at Minden, Nevada in the USA.
Absent agreement on the constructed-in-country interpretation, the five-member International Jury recently appointed by the International Sailing Federation would be asked to rule on the matter.
Both yachts should come to the start "street-legal." The sailing world expects this, and wants to know before the Match is sailed, not after. Having the Jury in place allows sailing matters to be dealt with by sailing experts.
GGYC's objective is that the on-the-water result of the 33rd Match be conclusive. Any remaining contentious issues should be dealt with properly before the Match is sailed. No one wants the outcome of the Match to have a question mark hanging over it.
December 18, America's Cup, it seems that the deal to change the dates on the 33rd Match and run with an extended regatta are no more, and that Société Nautique de Genève have backed away from undertakings given earlier today.
Sources in Valencia advised Sail-World that the arrangement made by SNG representatives in Valencia had not been confirmed by their Swiss masters.
It would seem therefore that the regatta which was to be a best of seven series, spanning two weekends, will now revert to the Court sanctioned best of three regatta starting on 8 February 2010.
The Mayor of Valencia, Rita Barberˆ°, who had been broking a deal between the warring parties to turn the 33rd America's Cup into a sailing spectacle, is said to be rather unimpressed with the latest developments - Click for full Sail-World article by Richard Gladwell
Sailtexas comment: Looks as if the Swiss having constantly lost in their legal obstruction are intent on minimizing the event - if they loose it will be over very quickly, if they win - they can trumpet how great they are in getting the 'Cup' back to their form of competition . . .
December 15, The Appellate Division of the New York Supreme Court today upheld Justice Kornreich's decision of 30 October 2009 that disqualified the America's Cup Defender Société Nautique de Genève's (SNG), choice of Ras Al Khaimah in the United Arab Emirates as venue for the 33rd America's Cup. The four-judge panel also upheld Kornreich's decision to exclude rudders from the measurement of the load waterline length of the race yacht.
Société Nautique de Genève's statement following New York court decision 1:33 p.m. December 15: "Once again BMW Oracle's strategy to try to win the America's Cup in court instead of on the water has been successful. For the first time in the history of the America's Cup the Defender has been stripped of its fundamental right to select the venue. Société Nautique de Genève accepts this decision and Alinghi is looking forward to racing for the America's Cup on the water in Valencia, Spain, in February 2010," said Fred Meyer, SNG vice-commodore.
--end--
December 15 BOR90 leaves San Diego for Valencia: Photo Bob Grieser / BMW ORACLE Racing
Statement by Tom Ehman, Golden Gate Yacht Club: "The focus for the 33rd America's Cup is now squarely on Valencia, Spain. Today, the Appellate Division rejected the defender's second attempt to have Ras Al Khaimah, UAE, host the February match.
"This is a big stride forward," commented Tom Ehman, Golden Gate Yacht Club spokesperson. "In place of doubt and delay, the sailing world wants certainty. It wants to see this contest to go-ahead soon and be contested under fair rules."
The New York Supreme Court ruled on October 30th that Ras al Khaimah did not comply with the Deed of Gift, a decision upheld by the Appellate Division in a unanimous verdict.
The Court also turned down SNG's second attempt to have rudders included in the crucial Load Water-Line measurement calculation. This has never occurred in the 32 previous America's Cup matches and won't happen in the 33rd.
"With the International Sailing Federation re-drafting the previously unbalanced and
unfair agreement it struck with Société Nautique de Genève, and discussions continuing
to normalize the Notice of Race, the common-sense approach to the remaining issues in
this America's Cup is prevailing," added Ehman.
--end--
America's Cup - December 15, World Yacht Racing Forum brings light & video on future of the America's Cup, with clear answers from both Alinghi and BMW ORACLE Racing. Publically united for the first time since two years, Russell Coutts and Brad Butterworth agreed on several key elements.
Following over two years of legal disputes regarding the format of the next America's Cup in the New York Supreme Court, Russell Coutts (CEO, BMW ORACLE Racing) and Brad Butterworth (President, Alinghi), spoke together publically for the first time during last week's World Yacht Racing Forum in Monaco.
Both Coutts and Butterworth gave individual presentations on their respective Challenge and Defence before joining several potential challengers to discuss the future, shape and options for the 34th America's Cup.
Presenting first, Coutts told the audience that if the U.S. were to win the Cup, it would propose establishing professional and neutral management for future AC events. "The first step to a healthier future has to be truly independent management of the sporting issues. I believe this as does Larry Ellison, who has made a public pledge to have professional and independent management if BMW ORACLE is successful. The next America's Cup must be guided by the principles of neutrality, fairness and mutual consent between the Defender and challengers", he said.
Butterworth followed and repeated his organizations claim that the rules and venue for the Cup matches must be set by the defending yacht club when there is no mutual consent, with the challenger setting the date and the boat. He continued to defend Ras Al Kaimah as the venue for the February or May 2010 match pending the decision by the New York Court on Société Nautique de Genève appeal. "We will be ready to race on 8 February 2010 whether the race is in Valencia or in Ras Al Khaimah", he said. Coutts replied that his team "will be ready to race on 8 February 2010 in Valencia but would have to look carefully at the transport and logistics issues in case a different venue is chosen."
Butterworth concluded his presentation with a wish: "I would hope that whoever loses is magnanimous and stands aside to allow the new defender and the challengers to move forward unfettered by lawsuits."
Talking about the extraordinary performances of the multihulls built for this special edition of the Cup, the Alinghi President outlined his team's vision of the future saying that he would love to have a multi-national, multi-challenge 34th America's Cup. "If we are fortunate enough to win the 33rd match we would like to discuss the type of boat with the challengers." Butterworth added he did favour multihulls over monohulls, which later triggered an interesting debate between potential challengers.
Both Coutts and Butterworth described their enthusiasm for the giant multi-hulls they are testing, Coutts calling his boat "a triumph of imagination, design and engineering." He also paid tribute to Alinghi's catamaran. "I think in another 100 years, people might look back and see the BOR 90 and Alinghi 5 in the same way we now look at Reliance and Shamrock - as two of the most extreme Cup yachts of all time and landmarks in the Cup's rich history," he said.
Nicolo Bastianini (GreenCom), Paul Cayard, Magnus Holmberg (Victory Challenge), Stephane Kandler (All4One), Sotiris Buseas (Greek Challenge) and Marcus Hutchinson (Team Origin) then joined Coutts and Butterworth on stage for a debate about the future of the event after AC 33. A point often repeated was that the class of boat should be something the majority of the challenging teams support.
Talking on behalf of their respective teams, all panellists expressed clear - yet solvable - differences regarding the format, dates and type of boat to use for the next edition of the regatta. On the other hand all panellists agreed that an independent management was necessary, Brad Butterworth reminding his colleagues that its establishment would be difficult due to the complexity of the event.
Led by Paul Cayard, the speakers then unanimously endorsed the idea to rapidly create an official group of challengers and to start working concretely, together, on a Protocol for the next America's Cup. "We have a unique opportunity right now", Cayard wrote after the Forum. "Neither Alinghi and BMW Oracle knows who will be holding the cards for the 34th America's Cup. So this is a time where each may be more willing to agree to a "fair and independent" event management structure. Either could find themselves on the Challenger side for 34th America's Cup and that party would certainly want a modern and objective event organization."
--end--
World Yacht Racing Forum exclusive videos: click on the links below to download and watch:
November 27, America's Cup historian, and correspondent, John Rousmaniere comments on the predilection of America's Cup designers to get around the various measurement rules, and in particular the measurement of Load Waterline Length, which has a particular and current significance - Click for article by John Rousmanierel
SNG also requested the Appellate Court to reinstate SNG's own peculiar measurement method that would include rudders in the crucial Length on Load Water-Line calculation. The effect of this abnormal practice, never before used in the America's Cup, would be to disqualify GGYC's yacht. The Supreme Court ruled against SNG's measurement method last month. We appreciate the Appellate Court having handled SNG's appeal on an expedited basis, and we look forward to its decision - www.bmworacleracing.com
Calculations by Sail-World from photos show that the length of BOR90, as the Challenger has been known to date, would extend to around 98ft, if the rudder on the outer float, or ama, were included in the length measurement.
In one of 14 points that the New York Supreme Court has been asked to rule in the two year legal tragi-comedy that has been the lot of the America's Cup, Justice Shirley Kornreich ruled in late October that rudders would not be included in the vexed Load Waterline Length measurement, which is peculiar to the America's Cup. That ruling was not accepted by the Defender who Appealed in early November - Click for full Sail-World article by Richard Gladwell Sail-World
November 25, The America's Cup Defender, Société Nautique de Genève (SNG), today argued before the Appellate Division of the New York Supreme Court in defence of two of the Defender's fundamental rights as per the Deed of Gift: the right to choose the venue and the right to race a challenger that complies with the Deed of Gift measurement requirements.
"The Defender is hopeful the five Judges of the Appellate Division will respect and uphold its Deed of Gift right to select the venue and to define the rules as has been the case for 158 years and 32 editions of the America's Cup. If Justice Kornreich's decision is upheld, it would be the first time in the history of the America's Cup that the Defender is deprived of its fundamental right to choose the venue. We expect a swift decision from the court in order to move ahead with the 33rd America's Cup and at last return it to the water" said SNG vice-commodore Fred Meyer --- end of statement.
Sailtexas comment: At least with the lawyers in New York being paid in Swiss dollars, it should help the US economy.
And from Tom Ehman, Golden Gate Yacht Club Spokesperson: In its continuing effort to host the 33rd America's Cup in Ras Al Khaimah, today Societe Nautique de Geneve asked the Appellate Division to reverse the October 27 Supreme Court decision which had declared RAK as non-compliant with the governing Deed of Gift.
In recent weeks, SNG has publicly committed to Valencia as the venue, even while attempting to re-instate Ras Al Khaimah via appeal, as well as floating Australia as a possible venue.
A must see of BMW Oracle Racing's America's Cup Challenger, BOR90, sailing in San Diego - yesterday or earlier in the week. There are some great sequences of the super tri flying a hull in relatively light wind speeds. If you are in San Diego, make sure you keep an eye each day on Fox5 for the live webcam - which has been running some tremendous sequences as BOR90 pirouettes on San Diego Bay.
The ability of the 115ft trimaran to literally turn on a dime is quite remarkable - recalling that famous quote of Muhammad Ali 'floating like a butterfly and stinging like a bee' - Click for Sail-World article & video
November 19, Société Nautique de Genève (SNG) statement following Justice Kornreich's latest decision: New York Supreme Court Justice Kornreich has brought a degree more certainty to the 33rd America's Cup today. It is good to at last have her decision on some of the pending issues. Alinghi continues to focus on its training programme ahead of the Match for the 33rd America's Cup against BMW Oracle on 8 February 2010." ---end
This court ruling clarifies measurement rules. The debate as to whether the monster multis for the 33rd America's Cup are measured with water ballast or not may seem like a detail, yet the ruling that was handed down from the New York Supreme court today (Thursday 19 Nov) is a significant one.
Having taken advice from three America's Cup experts and former jury members, David Tillett (AUS), Graham McKenzie (NZL) and Bryan Willis (GBR), on a number of technical issues, Justice Kornreich has stated that both boats shall be measured with all ballast aboard.
For BMW Oracle the ruling appears to have little affect on the measurement of its plumb ended 90ft LWL trimaran which will presumably sink a little lower in the water but not increase in waterline length. For Alinghi the issue may be more serious.
As a catamaran with long overhangs to its bows, loading the boat could increase the waterline length beyond the 90ft lwl limit. Assuming that the boat measures 90ft in it's lightweight condition, this could mean that the cat would either have to sail without water ballast or perhaps seek to utilise a clause in the Deed of Gift that allows a longer boat on the waterline if two masts are used.
BMW Oracle Racing's yacht club was clearly happy with the outcome. "This is victory for fair rules and common sense," said Tom Ehman, GGYC spokesperson. "Once again SNG's attempts to bias the rules in their favour have been rejected."
Alinghi's yacht club's vice commodore also made a statement shortly after the announcement saying that, "New York Supreme Court Justice Kornreich has brought a degree more certainty to the 33rd America's Cup today. It is good to at last have her decision on some of the pending issues. Alinghi continues to focus on its training programme ahead of the Match for the 33rd America's Cup against BMW Oracle on 8 February 2010."
Meanwhile, the next legal hurdle appears to be the appointment of the jury for the 33AC with the Judge ordering that if is not settled by December 4th 2009 the Court will ask the Expert Panel to re-convene.
Photo Gilles Martin-Raget / BMW ORACLE Racing
Earlier today: While waiting developments in America's Cup Legal [reports Sail-World] on the decisions that are due from the Appellate Division and the Supreme Court itself, an interview with Alinghi's Grant Simmer reveals they are winding down their sailing program in Ras al-Khaimah, putting Alinghi 5 in the shed for modifications, and then shipping off to Valencia - the 'default venue'.
Click for more Images of San Diego: BOR90 - Wingsail plus a jib and screecher
November 16, The current Defender of the America's Cup, Société Nautique de Genève (SNG), today revealed that it wants to return to race in Ras al-Khaimah (UAE) to contest the 33rd America's Cup in giant multihulls.
Far from trying to get the heat turned down on the legal action, the Swiss club have appointed a new firm of lawyers to represent them on the various actions, engaging Sullivan & Cromwell, their third in two years of litigation.
The Appellate Division of the New York Supreme Court today received the arguments from the Swiss club and advised that they would not be hearing oral arguments, and would make a decision on the papers alone.
Alinghi 5 sailing with a new longer mast off Ras al-Khaimah, UAE, awaiting the Appellate Division decisions on the venue for the next America's Cup - Key points in the papers filed today by SNG related to argument that the rudders should be included in the measurement of the Load Waterline Length - a move that could have see the US Challenger from Golden Gate Yacht Club disqualified for exceeding the 90ft maximum stipulated in the Deed of Gift for the America's Cup - Click for full report by Richard Gladwell, 9:45 PM Sun 15 Nov 2009 in Sail-World
Photo Gilles Martin-Raget / BMW ORACLE Racing
November 10, BMW ORACLE - Wednesday afternoon in San Diego, the team sailed for the first time with its new giant wingsail installed on its trimaran BOR 90 hours earlier, the sight of this yacht is spectacular - with a wing mast almost twice her overall length. Speed initially looked to be about 8kts knots in about 4kts of soft air.
The maneuverability of BOR90 is impressive - she literally spins on a dime. Later with the mail hull startling to lift clear in about 5-6 kts of wind - with the trailing spectator fleet running at some 15 kts were struggling to keep up!
The 33rd America's Cup to be decided on the waters at Valencia - February 2010. Extract from SNG's letter to Justice Kornreich sent 10 November: "At this point, after proposing various venues to GGYC, Société Nautique de Genève (SNG) believes that the 33rd America's Cup must be decided in February 2010 on the water rather than in the Courts of New York State. In issuing its NOR for races in Valencia for February 2010, SNG complies with (a) this Court's Order, 'reinstated' by the Court of Appeals' April 2, 2009 decision, that the parties race in February 2010, and authorizing Valencia as a permissible venue for the 33rd Cup, and (b) Your Honor's direction that 'SNG' hold the race as per the order of the Court of Appeals and Justice Cahn in February." Geneva, Switzerland, 2009-11-10.
Press Release from Alinghi: In a letter written today to New York Supreme Court Justice Kornreich following the unsuccessful discussions with the Golden Gate Yacht Club (GGYC), the America's Cup Defender, Société Nautique de Genève (SNG), has confirmed that it will conduct a Deed of Gift Match with GGYC in February 2010 in Valencia, which is the date and venue repeatedly requested by GGYC and previously ordered by the Court. SNG has also expressed its intention to publish the 33rd America's Cup Notice of Race with immediate effect.
When SNG's first choice of venue, Ras Al Khaimah, UAE, was declared invalid by the New York Supreme Court, the Swiss Defender proposed two alternative Southern Hemisphere venues: Proserpine/Airlie Beach and Townsville in Australia, where the weather conditions are suitable in February.
GGYC's reaction has been to try to delay the Cup and to continue to try and gain competitive advantage while SNG attended the meetings in good faith with the objective of finding a settlement.
While SNG confirms Valencia as the venue for the 33rd America's Cup in February 2010, the offer to GGYC of an Australian venue for the same date remains on the table until 13 November 2009 provided GGYC agrees to withdraw all legal actions.
Alinghi skipper, Brad Butterworth, who participated in the discussions in New York, expressed his disappointment at the outcome: "We went into the talks in good faith, ready to make concessions in order to guarantee the return of the Cup to the water for a February duel between two state of the art multihulls, but sadly once again BMW Oracle were in power grab mode. This time their priority was to delay the race because they are not ready. Originally they pushed for February when it was to their advantage; now they have to live with their choice of date. I think I speak for the community when I say we want the Cup sorted out as soon as possible on the water." ---- end of Press Release.
However further down the same release the Société Nautique de Genève also commented that the offer of an Australian venue was still 'on the table', if Golden Gate Yacht Club dropped all Court action by 13 November. Two Australian venues are under consideration, Townsville and Airlie Beach.
The Swiss offer is curious in that given that Justice Shirley Kornreich is expected to rule tomorrow [Thursday] on Measurement, Rules and Venue issues, that would tend to clean off all of the Challenger's legal action, save for the just lodged Breach of Fiduciary Duty action. That BFD action excepted, the only action still on the table will be SNG's own appeal, to the Appellate Division of the New York Supreme Court, over the venue. What happens if GGYC do take up the Australian venue offer - does Valencia get 'unconfirmed'
Photo Gilles Martin-Raget / BMW ORACLE Racing
November 8, BMW ORACLE Racing team unveiled its 'Wing-Sail' which will be tested later this week on BOR90, as the team resumes sea trials in the waters off San Diego.
The primary advantage of a wing over a soft sail; is that it does not distort and is easier to control, making it easier for the trimmers to maintain the best aerofoil shape, in the wide range of conditions over the height of a 190 ft mast (as wind speed increases with height).
The construction of the wing took place the team's boatbuilding facility in Anacortes, Washington (Core Builders), with finishing work completed at the team base in San Diego. "This was a massive undertaking" said Tim Smyth, who with Mark Turner had been overseeing the wing construction. "Building a wing of this size was something new for all of us, and we're proud our guys were able to rise to the challenge."
Full-scale on-the-water testing will begin this week, as the team resumes sea trials for the 33rd America's Cup Match in February 2010.
November 6, "Today's hearing before Justice Kornreich was productive, comments legal counsel for Société Nautique de Genève (SNG): "Following today's hearing before Justice Kornreich of the New York Supreme Court: Our yacht club, the Société Nautique de Genève, the America's Cup Defender and the Golden Gate Yacht Club, the challenger, have agreed to meet in New York over the weekend to discuss the venue for the 33rd America's Cup. We are due to report back to Justice Kornreich on Monday and are hopeful an agreement can be reached." Lucien Masmejan legal counsel for SNG .
November 5, Geneva, Switzerland: Statement by the Société Nautique de Genève (SNG) - the 33rd America's Cup defending yacht club, has proposed an alternative venue to the American challenger in a bid to end their continued litigation and return the Cup to the water
Ahead of tomorrow's hearing at the New York Supreme Court, the Swiss Defender has proposed a solution to the legal impasse brought about by the Golden Gate Yacht Club (GGYC). While the Defender's first choice for the Deed of Gift Match is Ras Al Khaimah in the United Arab Emirates, in order to achieve a Match in February SNG proposes to stage the 33rd America's Cup on the east coast of Australia, in the Southern Hemisphere, in compliance with the Deed of Gift. This is a venue that should be acceptable to both teams if, as expressed publicly, the true intention of BMW Oracle is to race for the America's Cup on the water.
A specific race course in the Pacific Ocean off the east coast of Australia, with weather conditions suitable for racing in February, will be announced promptly should GGYC accept this offer and cease their legal strategy. The east coast of Australia offers several locations with ideal sailing conditions for the best-of-three match. A venue in this region would be approximately two and a half weeks away by ship from BMW Oracle's base in San Diego, while Alinghi's voyage from Ras Al Khaimah would take approximately three weeks.
SNG is hopeful that this offer will be accepted and that the competition will resume on the water rather than in court.
--- end of statement by: Société Nautique de Genève.
Editorial comment: See October 4 on probable reason for their change of strategy.
November 4, The Appellate Division in New York had rejected the Swiss defender's request to freeze last week's Supreme Court decision that Ras Al Khaimah (UAE) did not comply with the Deed of Gift for the 33rd America's Cup.
Golden Gate Yacht Club said Ras Al Khaimah was wrong all along. The Supreme Court said it was wrong last week. And the Appellate Division said no to a Stay today. The message is clear. But is anyone at Societe Nautique de Geneve and Alinghi receiving it?
The race dates for the 33rd America's Cup remain unchanged, commencing February 8th, 2010. Justice Kornreich ruled from the Supreme Court bench on Wednesday October 27 that Ras Al Khaimah was not Deed-compliant. There will be a further hearing before her this Friday. The Court will determine if Valencia (Spain) is confirmed as the venue - as both sides had previously agreed to this in Court - or if SNG/Alinghi can still choose a Deed-compliant location in the Southern Hemisphere despite the expired six month notice of the venue that the Defender is required to give the Challenger. -- Tom Ehman, Golden Gate YC / BMW Oracle Racing, www.ggyc.com
November 3, A tough break. Spare a thought for Jimmy Spithill this evening. Moments after stepping off the boat he was front and centre for the assembled media. Here's what he said about today.
"We had a mast failure, the mast broke and came down. Nobody was hurt and that's the most important part. The crew are all safe and all of our support boats and contingencies that are built into the programme really showed today. I just commend the crew and all our support boats for swinging into action. Everyone is back on shore safe and we'll roll on forwards...
"The weather was actually quite nice. It was relatively light wind speeds and the sea state was quite flat. So until we delve into it and dig deep into our analysis tools, we don't know what the cause of the failure was...
"The real (sign of) heart in a team is the team that can come back from setbacks. This is a small setback but I have no doubt the team will bounce back’Ķ I'm sure we'll be fine for the race (in February)."
Within minutes of the boat reaching the dock, the sails and boom were being craned off. This day isn't over by a long shot. You can bet the team will be running the numbers overnight and into tomorrow to find out exactly what happened.
We'll have more from San Diego tomorrow - Peter Rusch at 17:44 Click for BMWOracle Racing blog
October 30 BMW Oracle Racing took their America's Cup Challenger BOR90 out for her first sail after around five weeks of modifications were undertaken in the builder's shed in San Diego.
The major changes which are confirmed in these photos include a new mast (with a hard wing believed to be on its way); the centreboard has been removed, as has the main rudder; an engine has been fitted to provide power for the hydraulic systems which now power the winches instead of an eight strong grinding team.
BOR90 took to the water on Thursday to resume testing ahead of the 33rd America's Cup.
The BOR 90 was at sea for nearly six hours in its first testing session since undergoing significant modifications. Now equipped with an engine to drive the on board hydraulic systems, the boat sails with less crew than before, as the grinders who previously provided the horsepower on the boat stay ashore.
This first sailing session was primarily an extension of the shoreside tests that have been ongoing since the boat returned to the water on Sunday evening. Various sails were raised and lowered and all on board systems were checked - Click for full Sail-World article
October 27, New York Supreme Court orders 33rd America's Cup to be Deed compliant - that the 33rd America's Cup, scheduled in February 2010, must take place in a venue in the Southern Hemisphere as per the strict reading of the competition's governing document, the Deed of Gift, or in Valencia, Spain, as the only exception to that rule.
"This is a disappointing result as we were certain that Justice Cahn's May 2008 decision allowed the Defender to chose Valencia or 'any other location'," said Lucien Masmejan, Société Nautique de Genève (SNG) legal counsel. "Ras Al Khaimah has put enormous time and effort into this 33rd America's Cup project. We thank them and feel sorry for this unexpected result out of the New York court".
"We are satisfied, however, as Justice Kornreich confirmed that the Deed of Gift Match will be conducted under SNG rules as she had already ruled in a previous court order," added Lucien Masmejan - end of Alingi Press Release.
Comment from from GGYC: We're pleased with the court's decision today. that Alinghi's choice of the venue for the 33rd America's Cup was not allowed under the Deed of Gift.
We look forward to Justice Kornreich's decision later this week regarding two additional issues..
First, we hope she will agree with our position that Alinghi cannot add additional ballast, equipment or sailors to the boat after it has been measured for compliance with the Deed of Gift's restriction on length along the load water line. Enabling any team to add additional weight after measurement - thus lengthening its load water line and increasing its speed - violates the Deed of Gift, decades of sailing practice, and the spirit of the rules that govern the America's Cup..
Second, Justice Kornreich understands the need for a fair and impartial jury. Our position is that the sailing jury must have the normal powers to adjudicate. We remain motivated to negotiate all remaining issues with Alinghi to ensure a fair, competitive and successful America's Cup in February 2010. We took a big step towards this goal today - end of GGYC comment
The Challenger of record in the 33rd America's Cup had as expected, filed an action for a Breach of Fiduciary Duty against the current Trustee and Holder of the America's Cup, Société Nautique de Genève. The San Francisco based Challenger is asking the Court to appoint a new club to oversee the connduct of the next Match. That organiser could be one of a number of bodies, however the Royal New Zealand - Click for Sail-World article by Richard Gladwell
October 24 - America's Cup Spycam: Images of BOR90 - San Diego 24 October, some idea of the modifications undertaken are visible - reduced main hull length and removal of grinding stations. Plus a lot of work underway all over the main hull - Click for Sail-World article
October 18 - Wagons circle around America's Cup, what started with a complaint to Justice Shirley Kornreich, by the America's Cup Defender, that the US Challenger had been rather economical with the truth, escalated a few days later with the reply from the Challenger.
In their letter Société Nautique de Genève claimed 'If the press reports are correct, GGYC may have made false statements to the United States Coast Guard, thereby subjecting its challenging vessel to seizure. Alternatively, if GGYC did in fact already send its vessel to the U.A.E. - then it appears that GGYC's alleged 'grave safety concerns' and other matters raised in its pending motion are unfounded.'
And SNG concludes with the comment 'SNG has dealt until now with GGYC's unsportsmanlike conduct as best it can, and unfortunately, will likely have to continue dealing with it.'
The issue relates to the provision of the Customs House Registry required to be provided by the 19th century Deed of Gift for the America's Cup, and for that document to be provided by the would-be Challenger to the Defending Club, 'as soon as possible' confirming basic measurements.
In an earlier ruling, Justice Shirley Kornreich ruled that the phrase 'as soon as possible' could mean anytime up to two weeks before the scheduled commencement of the Match in Ras al Khaimah, UAE on 8 February 2010.
Golden Gate Yacht Club then provided the contentious document ahead of this time, when it surprisingly forwarded the modern day CHR equivalent, a Certificate of Documentation, a week or so after the Court's ruling.
Yesterday Golden Gate Yacht Club, in an open letter to SNG, advised that it was considering action against Société Nautique de Genève for Breech of Fiduciary Duty (BFD) in its role as Trustee of the America's Cup.
Such an action would be unprecedented in the history of the America's Cup, an event not exactly noted for fair play and sportsmanship despite words to the contrary in the Deed of Gift - Click for full article in Sail-World by Richard Gladwell
With letters: Golden Gate Yacht Club to Justice Shirley Kornreich on 16 October 2009, and Société Nautique de Genève to Justice Shirley Kornreich on 9 October 2009
October 8. The Golden Gate Yacht Club have posted a copy of a letter on their website from GGYC Commodore Marcus Young, to Fred Meyer, Chairman of SNG America's Cup Committee. Using words like "reckless disregard," and "unfounded and irresponsible assertions," Young states GGYC's feelings about racing for the America's Cup in the Ras Al Khaimah:
Dear Vice Commodore Meyer
This letter is in reply to your letter of October 4, 2009. I again refer you to our letters of May 20, 2009, May 23, 2009, June 19, 2009, July 8, 2009, and July 28, 2009, as well as our most recent letter of October 1, 2009.
In those letters we made it clear to you, repeatedly, that SNG must choose a Deed-compliant venue for the 33rd America's Cup, and that we do not view Ras Al Khaimah as Deed-compliant.
In the face of those letters, that SNG and Alinghi proceeded to set up shop in Ras Al Khaimah is no one's fault but your own. To repeat, any expense SNG or any of its affiliates, Ras Al Khaimah, or any other party, has incurred in pursuing RAK as the venue remains solely your or their own responsibility.
We reject each and every one of the unfounded and irresponsible assertions made in your October 4, 2009 letter regarding GGYC, BMW Oracle Racing, Russell Coutts and Tom Ehman. Moreover:
* The fact that there has been yacht racing, or other sports events, in Dubai, or that companies including two of our team's title partners do business in the UAE, is well documented. RAK, however, is not Dubai. For you to suggest that it is indicates that you have been badly briefed or worse.
* Your assertion that we have relocated personnel and equipment to RAK is false. In a good-faith attempt to evaluate RAK, we sent a few team members and recon-related equipment to RAK, temporarily, to conduct our due diligence on whether we could mutually consent to RAK as a Deed non-compliant venue.
* The closing assertion in your letter of October 4th that GGYC must "race the match at the selected venue, or forfeit" is yet another disheartening example of SNG's reckless disregard for the America's Cup Deed of Gift and the Judgment and Orders of the New York courts.
Nevertheless, in our continuing efforst to find solutions we invited Dr. Khater Massaad, special adviser to H.H. Sheikh Saud bin Saqr al Qasimi to come to California later this week for meetings with senior GGYC and BMW ORACLE Racing representatives - Click for full GGYC letter to SNG
October 3, Just hours after Alinghi 5 was unloaded from a freighter in the United Arab Emirates state of Ras al Khaimah, the Challenger for the 33rd America's Cup was filing papers in the New York Supreme Court contesting the venue selected by the Defender.
For what was its shop window event, the sailing world now has a tragicomedy.
Currently two show-stopping legal actions are underway in the New York Supreme Court. The venue of the Match and the Rules under which it will be conducted.
A third, alleging breach of fiduciary duty by the Defender is believed to be imminent. That was signaled by CEO Russell Coutts in a statement released by the Challenger which said: 'The choice of RAK underscores SNG's abject failure in its responsibilities as Trustee of the America's Cup. It seems that the Defender is prepared to go to any lengths to make this America's Cup a travesty.'
While the Defender, Société Nautique de Genève is quick to claim that the Challenger, Golden Gate Yacht Club is trying to win the America's Cup in the Courts, rather than on the water. The fact of the matter is that the legal traffic is pretty well all one way. Of the six or so decisions that have been handed down from the New York judicial system, only one has gone the way of the hapless Swiss - and that was a majority decision which was overturned 6-0 by the Appeal Court in Albany NY. That is not a good look.
When a club wins the America's Cup, it assumes two roles. Firstly it is the Defender of the trophy for the next match. As the Cup is a Challenger trophy it is open to the any yacht club in the world who fits a few basic tests prescribed in the Deed of Gift under which the trophy is donated, to issue a Challenge in naming a yacht in which they wish to sail, and they set the date for the match - at least ten months hence - Click for full article by Richard Gladwell, Sail-World
October 2, Golden Gate Yacht Club, the Challenger for the 33rd America's Cup has rejected the venue of Ras al-Khaimah, UAE, selected by the Defender, Société Nautique de Genève.
In a statement GGYC have advised that they have requested the New York Supreme Court to reject Ras al-Khaimah and order the 33rd America’Äôs Cup match returned to be sailed Valencia, Spain, the venue for the 32nd America's Cup in 2007.
In an earlier Decision given on 12 May 2008, Justice Herman Cahn of the New York Supreme Court, set the date for the 33rd America's Cup as 8 February 2010, and 'Ordered that the location of the Match shall be in Valencia, Spain, or any other location selected by SNG...'
SNG believe that this Decision gave them the right to select any venue they wish. For their part, GGYC believe that any venue selected other than Valencia, must be compliant with the Deed of Gift, and therefore must be in Valencia or a Southern Hemisphere venue if sailed before April 2010.
In good faith, however, BMW Oracle Racing sent a team to inspect SNG's proposed venue, and, although the team was met warmly by the local authorities, it was clear that the RAK venue fails on every key measure necessary for a successful America's Cup, including: lack of infrastructure, security and wind - Click for full article by Richard Gladwell, Sail-World 5:44 AM Fri 2 Oct 2009 GMT
September 17, 2009, San Diego, CA. Golden Gate Yacht Club (GGYC) re- asserts its reasonable request that the 33rd America's Cup be sailed under the undoctored International Sailing Federation (ISAF) rules and not some hybrid version which the Société Nautique de Genève (SNG) has tailored for its own benefit under the scope granted to it in the secret agreement struck with ISAF. This agreement is now public, as GGYC requested. Some of the terms of the agreement have been altered but there is still a long way to go before the 33rd America's Cup can be considered a legitimate competition for both defender and challenger.
SNG is clearly bound by the Deed of Gift to sail under ISAF rules because they are the rules of the defending club.
To achieve a competitive and legitimate 33rd America's Cup, we need to ensure, among other concerns, that:
SNG can only amend its normal racing rules with the mutual consent of
GGYC, per the Deed of Gift;
SNG does not have a veto power over the appointment of the jury;
The normal ISAF redress procedures are in effect, with the jury freely able
to interpret or amend the rules as it sees fit;
SNG is not permitted to obtain confidential interpretations from the officials
that are not also available to GGYC; and
The text of the agreement itself is formally and officially revised, not
purported to be amended via press releases and side letters.
GGYC will continue to work to ensure a set of rules that are fair to both competing teams
We appreciate the strong showing of support from the international sailing community and media for our court motion to compel public disclosure of the agreement between SNG and ISAF, which had been executed in secret. We remain excited about racing for the 33rd America's Cup in February 2010 provided that we are treated like any other competitor in any other regatta in the world ’Äì able to compete under ISAF's rules and regulations.
www.ggyc.com
August 18, In Genoa, Italy, Alinghi 5 has continued her sea trials and the images keep coming from the Master, Carlo Borlenghi. As we saw with BMW Oracle Racing, the secrets slowly get released one by one, and you can learn a lot from a single shot taken at the right angle - Click for First-few-days-sailing-Genoa
August 14 - Click for BMW ORACLE Racing Technology Video
August 11, First signs of a break through in the America's Cup impasse have appeared this morning, following the conclusion of yet another Hearing in the New York Supreme Court.
It seems that, despite a decision yet to be handed down from Justice Shirley Kornreich, that BMW Oracle Racing have confirmed that the modified trimaran they have been sailing off San Diego, known as 'BOR90' is in fact 'USA' the yacht named in the Notice of Challenge lodged in July 2007.
For its part Alinghi have confirmed that they will not attempt to use a measurement process to disqualify the US Challenger, and have agreed to provide clarification required on measurement points.
It would seem that provision of the much sought Customs House Registry document, will occur in a few weeks, once BMW Oracle racing have digested the implications of the Measurement rules announced last week -- Click for article by Richard Gladwell in Sail-World
August 10 Statement from the Société Nautique de Genève (SNG) following today's hearing regarding the timing of delivery of Golden Gate Yacht Club's (GGYC) Custom's House Registry for their challenging vessel for the 33rd America's Cup:
"We are pleased that after almost two years of withholding the information, counsel for the GGYC disclosed in Court today that the boat BMW Oracle has been sailing for almost a year is USA, their America's Cup challenging vessel. USA must match the dimensions listed in GGYC's Certificate of Challenge. While the judge reserved her ruling on when the GGYC must issue the Custom's House Registry, we are confident that the Court will uphold the Deed of Gift. We are pleased to have a further degree of certainty regarding the GGYC boat and we look forward to the 33rd America's Cup in February 2010 in Ras al-Khaimah,’Äù said Lucien Masmejan, lead counsel for the SNG. "As we told the Court, our goal is to have an exciting race on the water and we are willing to assist the Challenger with any queries it has with regards the measurement procedures so that we and GGYC can be sure USA matches the dimensions in the Certificate of Challenge. We want to get the America's Cup back to the water and out of the court," he added.
BMW Oracle Racing have confirmed that they do not have a second yacht under construction and that they will challenge with the trimaran, BOR90, which is again sea-trialling in San Diego after major modifications.
Challenge spokesman Tom Ehman confirmed, in a media statement, after today's New York Supreme Court Hearing that BOR90 would be renamed 'USA' and her dimensions would be used to produce the Customs House Registry certificate which has to be issued by the US authorities.
'We are very satisfied with today's court session and the discussion around the Custom House Registry,' Ehman said after the Hearing in front of Justice Shirley Kornreich."
'It's now clear that we can continue to modify the boat after submitting the CHR. Société Nautique de Genève asserted, once again, that they would not use the rules to disqualify our boat.
BMW Oracle: "We look forward to the Judge's decision."
Pushing the design envelope. Ian Burns, design coordinator for BMW ORACLE Racing talks about the challenge of designing and building the fastest trimaran in the world.
The design brief was startling in its simplicity, if no less daunting for it. Build the fastest boat you can for a wide variety of conditions. For the design team, the open brief was nearly a case of 'be careful what you wish for'. Instead of looking for microscopic speed advantages in an established class, they now had a blank canvas with few constraints - a designer's dream. So the thirty-strong design team got to work, under the leadership of Design Director Mike Drummond and Design Coordinator Ian 'Fresh' Burns and with the input of VPLP, the famed multihull naval architects.
The current version of the boat is a head-turner and speed-burner all rolled into one. BOR 90 is a carbon composite trimaran, 100 feet in length overall, 90-feet long on the waterline. Its mast towers 185 feet over the deck and can support over 15,000 square feet of sail downwind. The resulting power to weight ratio of the boat is extraordinary. "I was on board for a testing session the other day and it wasn't particularly windy but the power and speed and the way the guys are sailing it is just so impressive," Burns says. "When you have a chance to step back from it a little bit you realise this is possibly the coolest thing that's been done in boating, ever. Not only is it a fantastic boat, but it's a well-supported project with a talented team of the best guys in the business. The amount of work is beyond any of our expectations, but it's incredibly cool. It's a very special opportunity."
But getting there hasn't been easy. Recent court decisions have seen some fundamental changes regarding what systems will be allowed on board to assist the sailors with trimming the massive sails. Auxiliary engine power is now permitted, providing yet another option to integrate into the original design.
As well, the one-of-a-kind nature of the massive trimaran makes two-boat testing, long a staple of the America's Cup, impossible. To that end, BOR 90 has been covered with electronic sensors which feed back 26,000 data points every second when the boat is at sea. This allows the designers and engineers to evaluate all aspects of the boat’Äôs performance.
"We identified early on that having just one boat for testing was something that would be different and difficult for us," Burns admits. "So we decided to build our own instrumentation system from scratch and we have the best guys in the business running that program."
"Today, our instrumentation system is fully customized and capable at logging data quickly and accurately. So we have a really good data stream and we've been able to identify quite successfully things that are quite subtle." As a result of the original series of sea trials, which concluded March 3, the boat went back into the build shed for four months. When testing resumed on July 8 it was clear significant gains had been made. To this point, the build team has put in over 130,000 man-hours to date. "When you step back and look at what we are doing - it is without a doubt the coolest thing in yachting - ever. Like every Cup, you have to take every opportunity and make the most of each one. It's a wild ride, but it's a fantastic journey."
Photo: © BMWOracle
August 8, BMW ORACLE Racing will host a special event on Tuesday August 11, when the team is officially presented for the first time since becoming the Challenger for the 33rd America's Cup. The celebration of the American team will include a formal presentation of the team. Featured speakers include team owner Larry Ellison and legendary actor Harrison Ford.
Team members will meet and greet in the public area adjacent to the base behind the Convention Center in downtown San Diego. The public is encouraged to join the festivities which will include a free poster for the first 200 people. Team members will be available to answer questions and to sign posters. Following a one hour ceremony, the team will depart the dock on board the BOR 90 giant multihull at 12:45pm.
The mast and boat were flown the 270 kilometres down the Rhone Valley and across the Great Saint Bernard Pass into Italy; where the Mil Mi26 helicopter set Alinghi 5 down to refuel in Biella, before continuing on to Genoa where it landed at 14:30 outside the Yacht Club Italiano.
The Swiss team has completed several weeks of successful trials on its home waters and will continue training in Genoa for a period starting mid-August before travelling to Ras al-Khaimah, the America's Cup Match Venue in the United Arab Emirates.
August 6, 2009. Measurement Procedures for the 33rd America's Cup published. Following the suggestion of New York Supreme Court's Justice Kornreich, the Société Nautique de Genève (SNG) today issued the Measurement Procedures for the 33rd America's Cup Match scheduled to start on 8 February 2010 in Ras al-Khaimah, United Arab Emirates.
The document published by the SNG includes simple and straight forward measurement procedures that have been issued in order to provide certainty for both teams in their preparations for the 33rd America's Cup. "The purpose of measurement is to check the waterline length of both boats and to confirm that the GGYC challenging vessel conforms to the dimensions supplied with their notice of challenge," said Fred Meyer, Vice-Commodore of the SNG -- SNG letter to the GGYC regarding Measurement Procedures for the 33rd AC (PDF File)
Sailtexas comment: If BMW Oracle have a second yacht underway (to be named USA), then will GGYC be allowed to Challenge with it . . . ?
August 5, 2009. Ras al-Khaimah in the United Arab Emirates selected as the venue for the America's Cup
The America's Cup Defender, Alinghi, and its yacht club, the Société Nautique de Genève, today announced the venue for the 33rd America's Cup in February 2010.
"We are pleased to announce that Ras al-Khaimah, in the United Arab Emirates, will be the Host Country for the 33rd America's Cup," said Fred Meyer, Vice-Commodore of the SociÔø‡Ôø‡été Nautique de Genève (SNG). "This is a venue that offers perfect weather and great sailing conditions for a Match in February; the authorities have shown tremendous interest in, and support for hosting the America's Cup; and the country has experience in organising first-class sporting events such as ATP tennis, PGA golf and Formula One. They will make a purpose-built island available at the Al Hamra Village in Ras al-Khaimah to provide the America's Cup teams, sponsors and fans with an outstanding venue."
Having won the 32nd America's Cup in 2007 in Valencia with its yacht racing team, Alinghi, the SNG is granted the right to choose the venue for the next America's Cup which is scheduled to start on 8 February 2010.
"Our absolute priorities in making this decision are the prevailing weather conditions and the resulting safety that they bring to both teams," explains Alinghi skipper Brad Butterworth. "We looked everywhere for a venue that suited having good racing for the Match dates in February. We had trained in the UAE in the winter with Alinghi before and in the end we settled on Ras al-Khaimah in particular because of the infrastructure in Al Hamra Village and because it has a great building sea breeze during the day, similar to Mediterranean conditions in the summer, making it good for these boats and safe for all concerned."
His Highness Sheikh Saud Bin Saqr Al Qasimi, Crown Prince of Ras al-Khaimah, expresses his satisfaction: "It is a great moment for us to host the America's Cup here. It is significant because it reflects how the Emirates have become a place for hosting international events. It is a reflection on what we have achieved in terms of becoming the destination for tourists and trade and industry and is a reflection of our integration in the world at large. This announcement reflects the nature of our country and its aim of becoming host to many nationalities who live side by side in peace. It is a hope and dream that this is the kind of space that we want to have on our globe. It is a great moment for us to host this prestigious event and to welcome all the sports people to the UAE and to Ras al-Khaimah to watch this great event; we are looking forward to its success."
A 22-hectare purpose-built island inside the Al Hamra Village lagoon will host the team bases and all the necessary facilities for the media, the sponsors and the public. The Al Hamra Village is a new luxury resort with more than 3,500 residences on the coast of Ras al-Khaimah.
July 31, 2009. America's Cup: Judge Kornreich puts BMW Oracle on the spot (July 30) -- In a lengthy decision, Judge Shirley Kornreich has dismissed GGYC's last contempt motion against SNG. She has also ordered at evidentiary hearing, on August 10, 2009, in which each side will have 6 hours, inclusive of argument and cross examination to present evidence regarding the meaning of "as soon as possible" in connection with the production of the Custom House Registry.
Sailtexas Speculation: Presumably it could be to Alinghi's advantage to push GGYC & BMWOracle into having to 'declare' that they will be challenging with a 90ft Trimaran, with manual winches/hydraulic's, against the Defender sailing a 110ft Catamaran with an board engine powering its winches/hydraulic's/water ballast --- now suddenly 'legal' under the new rules now set by the Defending Club?
Maybe BMWOracle have a 110 ft Catamaran (with on board engine), under sea trials that they will want to 'Challenge' with, rather than their now out ruled designed BOR90 TRI?
If BMW Oracle have a second yacht to be named USA, then the team will be in the clear, however if it is their intention to re-use and re-name BOR90, then it would seem they may have problems in the light of Kornreich's earlier ruling and threat of disqualification -- Click for article by Richard Gladwell in Sail-World
July 28, 2009. Alinghi 5 has been out sailing four days now and although the wind hardly ever reach above 10 knots, there is beginning to be a pretty good idea on the boat itself, and how things work in its actual configuration, but remember as the Alinghi PR people have said: 'This is the first step in our development process towards defending the America' Cup next year'.
Alinghi 5 is the evolution of the 41ft catamaran dubbed 'Le Black' which was used some ten years ago on Lake Geneva, to be replaced by the Decision 35. That catamaran was used as a development and testing platform, the general design, in particular the Y shape that helps the front beam to support the compression load of the mast -- Click for Sail-World's Swiss correspondent impressions of Alinghi 5
July 23, 2009. BMW Oracle Racing were the bigger winners out of the Hearing in the New York Supreme Court, not that Alinghi lost anything substantial, but the US team picked up some bargaining chips that Alinghi would probably have rather played later in the game -- Click for article by Richard Gladwell in Sail-World
July 21, 2009 New York Supreme Court today:
Statement by Tom Ehman, GGYC Spokesman -- We are pleased that the Court will provide clarity on the rules before we complete our challenging vessel for America's Cup 33. The Court reserved her decision whether an engine and moveable ballast can be used.
Justice Kornreich understood that we need to know the rules before we can complete our challenging vessel and then submit our Custom House Registry (CHR). The Defender was compelled to turn over to the Court the secret agreement with International Sailing Federation (ISAF).
On questioning from the Court, Société Nautique de Genève (SNG) agreed to return to mediation, a process we have supported throughout our challenge. We look forward to Justice Kornreich's decision in the next few weeks, and to racing for the America's Cup in February 2010.
----
Statement by Brad Butterworth, Alinghi team skipper: "It's good that Justice Kornreich denied the Golden Gate Yacht Club's (GGYC) request to hold the America's Cup defending yacht club, Société Nautique de Genève (SNG), in contempt of court, but it doesn't come as a surprise because there were no grounds for such an action.
Justice Kornreich showed a great deal of knowledge of the file and the case and while she reserved her decision, she made it crystal clear that the provisions of the Deed of Gift put no restriction on yacht design. She also asked both sides to return to the mediation that the GGYC halted with this new litigation attempt.
We are ready and willing to continue discussions with them and will work on providing clarity with regards the 33rd America's Cup as far as rules and measurement procedures go; always within the framework of the Deed of Gift and SNG's rules. We are determined to get the competition on the water and out of the courtroom once and for all."
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BMWOracle has been conducting sea trials off San Diego -- windspeed was reported as about 6-7kts with top boatspeed measured at 18kts on GPS -- crew were reported to be taking it easy with the foil not deployed -- Click for Sail-World photos
Ôø‡Ôø‡Ôø‡ Photo: Carlo Borlenghi/Alinghi
July 20, 2009 The Swiss America's Cup Defender, Alinghi, hoisted the sails on its giant new catamaran Alinghi 5 for the first time Monday on Lake Geneva, Switzerland. The 90ft multihull was cheered off the dock at midday by hundreds of spectators watching the maiden sail out of Le Bouveret.
Murray Jones, who is running the initial trials of the giant multihull that represents a first step in the development process towards the 33rd America's Cup, gave his comments on a good first day on the water: "We went out this morning with a list of objectives to work through: testing the boat, checking the structure, doing some manoeuvres and seeing if the sails would all sheet and it went pretty well; we ticked off just about everything. There are a lot of systems on the boat that are complicated and new, but it was fantastic. To fly the boat upwind and downwind with gennaker was awesome for the first day of sailing. The boat is a tribute to the designers and the boat builders. To deliver a boat of this complexity that works straight out of the box on the first day is impressive; really impressive" -- Click for five Videos
BMW Oracle Racing Ôø‡Ôø‡Ôø‡ Photo Gilles Martin-Raget
July 19, 2009. The Challenger of Record is not happy with the stance adopted by ISAF in regard to the 33rd America's Cup
Further to the Motions lodged by BMW Oracle racing earlier in the week alleging a secret agreement between the International Sailing Federation and the Societe Nautique de Geneve, the International Sailing Federation today issued the following statement on their website:
The International Sailing Federation (ISAF), the world governing body of the sport, and the Societe Nautique de Geneve (SNG), the trustee and holder of the America's Cup, are pleased to announce that the 33rd America's Cup Match will be conducted under the Deed of Gift provisions, the SNG rules, the ISAF Racing Rules of Sailing and ISAF Regulations as required by the Deed of Gift.
Any changes to the ISAF Rules and Regulations not already covered by provisions within the ISAF Rules and Regulations will require sanction from ISAF. The Principal Race Officer, International Jury members and International Umpires (if Appendix C is used), will be suitably qualified personnel and will be independently appointed by ISAF. The process of which has already begun.
BMW Oracle Racing try to get some communication going with ISAF, the ISAF statement is more significant for what it doesn't say, rather than what has been announced -- Click here for full story in Sail-World
Photo: BMW Oracle Racing Ôø‡Ôø‡Ôø‡ Photo Gilles Martin-Raget
Click here
July 16, 2009. Come 'flathatting' (a low level unauthorised flight), the first yacht built by BMW Oracle Racing for the 33rd America's Cup, February 2010
July 15. The 33rd America's Cup will, as with all other sailing events, be sailed under the current version of the ISAF Racing Rules, not the 2005-2008 version sought by BMW Oracle Racing and Golden Gate Yacht Club . . .
The two areas of specific concern being RRS 51 and 52 relating to Water Ballast and Manual Power -- Click for to-days Sail-World article
Photo: Alinghi
Sailtexas comment: A TRI with its center hull to mount manual powered winches does not have the placement problem of a two hull Catamaran with manual winches, 'stored Power' is the euphemism for an engine (on board), to provide hydraulic power to winches, in place of crew.
July 14, 2009. At Golden Gate Yacht Club's request (GGYC is the designated club of BMW Oracle Racing, the Challenger of Record for the 33rd America's Cup), today the Supreme Court of the State of New York issued an order directing the club of defender Alinghi, Société Nautique de Genève (SNG), to show cause why it should not be held in contempt of court for failing to comply with the America's Cup Deed of Gift by denying GGYC its rights, as the next America's Cup challenger of record, as detailed in the Order and Judgment. The court scheduled a hearing for Tuesday, July 21 at 10 a.m.
"Stored power . . . that is what all the fuss is about. Alinghi wants to use it, but is not yet ready to disclose the rules that would permit it. Too much time would give BOR the opportunity to create their own system. The fact is that Alinghi, because she is a catamaran, may have to use stored power to be competitive" -- Click here for Scuttlebutt article
July 13, 2009. Nigel Irens is one of the world's most renowned multihull designers, he has been talking to BYM News editor, Marian Martin, about some features of the Deed of Gift protagonists, starting with the catamaran v trimaran differences -- Click here.
July 12, 2009. America's Cup Spycam - Alinghi launch and mast stepping! With the lack of Mutual Consent in the current edition of the America's Cup between Alinghi and BMW Oracle Racing, there are no rules regarding espionage activities between teams, or indeed what the public can see.
Click for Video of the Alinghi Launch
BMW Oracle Racing Ôø‡Ôø‡ Photo Gilles Martin-RagetSailtexas comment: Compare the reduced 'depth' of the new center hull (it provides the fore/aft rigging tensions), to the previous TRI (see May 19), this new center hull requires a 'dip' in the cross beams to [presumably] 'lower' the center hull to be in the water...
July 9, 2009. Over the past two days, the sailing world has glimpsed some of the most advanced sailing technology ever seen.
Last Monday BMW Oracle Racing relaunched their trimaran, BOR90 after a period of substantial modification following several session sailing trials off Anacortes and San Diego.
Like Alinghi 5 revealed the day before in Villeneuve, Switzerland, BOR90 featured the wave piercer bow - one of several modifications from her previous mode. Click here for Steve Clark's article in Sail-World how these bows work, and what the designers are trying to achieve with this style
Photo: Carlo Borlenghi / AlinghiÔø‡Ôø‡
Sailtexas comment: Can this catamaran's twin hulls be built strong enough to take the force of a 90ft boat sailing and slamming through waves (they protrude far further forward of the main cross beam than that of BMW Oracle), and the Alinghi 5 catamaran relies on a mid-ship horizontal 'Y' shaped beam to take the fore and aft rigging loads (from the bow to twin points on the aft cross beam), necessary to optimize sail efficiency (we will see of course in 2010!).
July 4, 2009 -- Alinghi, the Defender of the 33rd America's Cup, unveiled its 90ft catamaran this weekend in Villeneuve, Switzerland.
This multihull represents a culmination of Swiss multihull heritage and is the first step in Alinghi's development process towards the 33rd America's Cup in February 2010. The boat will be launched by helicopter next week on Lake Geneva before the process of 'debugging' begins and the boat goes sailing for the first time.
Grant Simmer, design team coordinator, comments on the achievement: "Firstly this boat only exists because of Ernesto Bertarelli's 100% commitment to the team and his support and enthusiasm for this project. The boat demonstrates the talent and creativity of the designers and the skill and dedication of the boatbuilding and technical teams in building a boat of this complexity, facing many different challenges along the way and solving them to pull the project together. Finally, and more recently, the sailing team has defined many of the systems; they have worked with the designers to define the simplest possible solutions for what is already a very complex boat."
Rolf Vrolijk, chief designer: "People who see the boat for the first time seem surprised at how light and fragile it looks, that is really their first impression. Creating it has been a huge team effort, both in the design and the build groups; it has been a phenomenal team effort to come up with the concept and it really represents the depth of our group. For the moment we have pushed the envelope as much as we would like, this boat is really a base for further development and over the coming weeks we will collect as much information as we can and cross check it with the predictions, this will help us assess what level we are at and then to optimise from there. We have several opportunities and possibilities to change the concept but first we need a solid base to do our studies from."
Murray Jones, strategist and design team responsible for mast and rig programme: "This multihull is nothing like you've ever seen before in a big boat. It's like a small boat but scaled up. It's a highly finely tuned and engineered boat that's light. It's a piece of art. Alinghi 5 has evolved from the Swiss sailing boats, like the 41ft 'Le Black'. The basic engineering concept has come from 'Le Black' but everything else has come from the Alinghi design team, starting from a completely blank sheet of paper, with no preconceived multihull ideas. We started designing it and building it and we've done a lot of sailing and testing on 'Le Black' and the Décision 35s so we've incorporated some of the ideas we've picked up sailing these boats.
The focus of the concept and the design and build of the boat has been on what we need to sail a Deed of Gift Match: up/down racing of 20miles. We haven't focused on the other team at all, only concentrating on what makes our boat go the fastest. It's been a big job for quite a small design team and we'll see the results soon."
Information about the boat:
Boat type: Catamaran of carbon composite construction
Where built: Alinghi Villeneuve + DÔø‡Ôø‡cision Corsier, Switzerland
Length waterline: 90ft
Hours to build: 100,000 manhours
Square metres of carbon fibre used: 30,000m2
Click here for Scuttlebutt (October 2008), Report on the first BMW/Oracle Trimaran
May 19, 2009: America's Cup Deed of Gift match: What are the consequences for the sport of sailing?
Photo: Gilles Martin-Raget / BMW ORACLE Racing
From World Yacht Racing Forum: If all goes according to the current plans, the next America's Cup will take place on giant multihulls on February 2010. We ask America's Cup veterans Sébastien Col (FRA, K-Challenge) and Paolo Cian (ITA, Shosholoza), multihull pro sailor Cam Lewis (USA), and yachting journalists Tim Jeffery (UK) and Loic Le Bras (FRA) what effect they think this will have on the yacht racing industry as a whole.
WYRF: Will the DoG [Deed of Gift] match be an exceptional moment in the history of yacht racing or a boring, one-sided regatta?
Tim Jeffery: Both! There will be a ghoulish fascination in marvelling at two fabulous, fascinating, fast and frightening yachts trying to knock each other out. But unless something goes Twang!, a small speed advantage will be amplified into a big gap. And big gaps don't make exciting contests. The DoG courses (a long windward / leeward or a triangle) will discourage too much cornering.
Cam Lewis: "I am an enthusiastic multihull racer and fan; also I was the grinder in 1988 on the Stars and Stripes catamaran. Was this 2 out of 3 series boring? Well, after 5 minutes sure it was to those watching, yet we onboard had tuned up one of the coolest sailboats to ever race in any event. So now you have a challenging team that has shown most of its cards, a wicked big and fast trimaran. The Swiss catamaran (my best guess) will look something like a scaled up D35ish sort of machine, with the 3rd hull for rig loads, headsail trim etc. So back to the question, it will be an exceptional match and an incredible moment in the history of yacht racing. It could end with a spectacular T bone in the 1st dial up with lots of blood and injuries or it could be a real thriller. Of course it might be a parade too! The good news is that the best of the best will be seen and there will be no LEAD involved, the heavy metal kind!
Loic Le Bras: "For sure it will be an exceptional event, and it will make history - no matter what people may think about the interest of such a match. There has never been a multihulls dual in the 150 years history of the America's Cup. It will be historical for the America's Cup and for the sport of sailing as a whole."
Paolo Cian: "The regatta will probably be boring; one monster will be faster than the other. But on the other hand this is a very special project, and the technology involved is fantastic. The interest will not be in the regatta itself, but in all the rest."
Sébastien Col: "The regatta might be boring, but it will attract a lot of attention. The technology involved is extraordinary, and I believe that we will see new things that will perhaps be adapted to everyone's sailing boat in the future. This is a positive point, and it was not the case anymore with the ACC rule."
WYRF: Is the match between two giant multihulls a good or a bad thing for the sport of sailing? Will it change the face of sailing forever?
Tim Jeffery: "Point One. The America's Cup is only the Everest of Sailing because you need oxygen to survive. It sits so far above the rest of the sport to be as good as separate from it. Point Two, Alinghi was greedy in victory and the only one with the resolve and resources to say 'hold on, your proposals for the next Cup go too far', Larry Ellison, did so. Result? Acute short term pain. The long term judgement will depend on Alinghi's or BMW Oracle's action after their triumph.
Cam Lewis: 'It is the best thing that can happen for our sport right now. Two super rich guys playing at the highest level! Who wants to be the richest guy in the graveyard? It certainly will change the face of sailing for the near future and what happens in a hundred years is too difficult to predict. Will we see cats back in the Olympics someday? For sure. Will catamarans and / or trimarans be used in future America's Cups? I have no idea, yet it would make sense, as the new silly AC33 boats they proposed would try to emulate multihull speeds and angles downwind, but be boring slow upwind. Take a look at the iShares Cup and Swiss lakes, cats rule!
Loic Le Bras: "How could it be bad? Seeing two giant multihulls sailing at 40 knots + can only be spectacular. It will hit the mainstream public, and the context and the juridical past will be forgotten. I don't think that it will change the sport of sailing, unless the VOR takes place on multihulls after this. Then yes, it would have changed the sport of sailing."
Paolo Cian: "I don't think this match will change the face of sailing; the America's Cup has survived other stupid situations in the past. The current situation is very bad for the sport of sailing. The long time effort and commitment from the teams and many individuals is simply lost."
Sébastien Col: "This match is a good thing for the sport of sailing; it will help the evolution of the technology. I am not convinced about the sporting aspects of the event, but the AC has always been a technological challenge. Now will it change the face of sailing? I don't think so. It is giving too much importance to the America's Cup. Sailing offers other disciplines that are great; it is a very rich sport."
Tim Jeffery: This will be sailing's 15 minutes of fame. The Battling Billionaire story line will muscle its way into mainstream news. Briefly. And only as a novelty.
Cam Lewis: "I hope so, do not BLINK! The rich guys in the USA and UK dominate the sports biggest races, most of them have come from a conservative Yacht Club background and most of their sailing/project managers do too. Multihulls have not had much acceptance at these types of clubs, similar to windsurfing and now kite surfing. Just last week on an old movie prop fashioned from some old Orma 60 trimaran molds for the movie Waterworld, we beat the fastest boat on the west coast of the USA by almost 2 hours in a 125 mile race - do the math!
These rich guys need exposure to multihulls! That's what theirs kids will be racing as long as they pay attention in school! So yes it will be an eye-opener.
Loic Le Bras: "Absolutely ! Even if the DoG match doesn't take place, the American trimaran has already opened up some minds to another way of sailing. The match will reinforce this interest, particularly within the Anglo-Saxon community. They will realise that we can go very fast on the water. I am proud of this as a French man: this dual has already highlighted the French "savoir-faire" amongst the architects and skippers.
Paolo Cian: "It's difficult to predict what effect it will have on the future of yacht racing. For sure it will open people's minds. There will be two monsters racing, and it is the first time such a regatta will take place; it will definitely be something to see! But a good match race takes place only with boats that tack and jibe well and it's not the case with multihull."
Sébastien Col: "It is difficult for a French person to answer this question. For us, multihull racing is something normal and I just can't understand why there is no multihull racing in the Olympic Games; it's absurd. Having said this, I wouldn't say multihull are the future of sailing. It's just one part of it."
Will it be difficult to revert to a conventional America's Cup, on "slow" boats?
Tim Jeffery: No. A successful Cup needs a reasonable number of competitors. The bar will be re-set accordingly.
Cam Lewis: "No, see reasons above, most of the money and most of the sailors have most of their experience in these types of boats Ôø‡Ûòñß slow - read job security!"
Loic Le Bras: "I don't think so. This dual must remain exceptional, as was the 1988 miss-match. I hope it will allow a new start for the next twenty years, as was the case with the Class Americas. The America's Cup is a match race contest and multihulls are not a good support for this type of racing. They are too slow on tacks and the differences in speed are too big. Match racing is fascinating when the boats sail in contact, which is not possible with multihulls."
Paolo Cian: "I wouldn't say the Cup boats are slow. I think we will easily get back to monohull after the DoG match, but for sure the rule needs to change."
Sébastien Col: "I hope that the Cup will take place on fast boats and will be sailed with a conventional format. The problem is that we can't plan anything. Whoever wins, we don't know what they are going to do and I am not sure we can trust what they say. On top of this, the legal conflict could very well carry on after the Deed of Gift match. The spirit is currently very bad."
Any other comments about this match?
Tim Jeffery: Think of this DoG match as further embellishment of the Cup's illustrious history. A Civil War, two World Wars, several depressions have failed to strangle it. A court case certainly won't.
Cam Lewis: "Reiterate- DO NOT BLINK it will be a wild day when these two groups line up and race! WOW - Racing fast boats fast is what it is all about. Get out of the courts, get out on the water and duke it out!
Plus: I am ready to sail on either team, would prefer to sail with the USA team, but will consider working with either team. Got to love it!
Loic Le Bras: "May the best team win."
Paolo Cian: "I think it is more interesting to have an America's Cup in Europe than in the States. Whatever happens, I personally hope that the event will stay in Europe after the DoG match."
Sébastien Col: "I would like this match to take place rapidly and then to turn the page. This is surely an important moment in the history of the America's Cup. I really look forward to seeing those boats racing. There will surely be a lot to learn from this."
Send your comments to media@maxcomm.ch or join the discussion at the World Yacht Racing Forum Group on www.LinkedIn.com
Read the full interviews on www.worldyachtracingforum.com
May 15. The New York Supreme Court has ruled that the Match for the 33rd America's Cup must take place in February 2010, in accordance with the decision handed down by Justice Herman Cahn, in the same Court.
In the second decision, on the point of BMW Oracle Racing having to provide a Customs House Registry document of their 90ft multihull, currently sea trialling, the Court did not uphold the complaint raised by Alinghi/Societe Nautique de Geneve. There is no requirement BMW Oracle to provide the CHR dopcument now, or within 30 days as requested by the Alinghi parties.
Both rulings were made from the Bench by Justice Shirley Werner Kornreich. She further ruled that Alinghi/Societe Nautique de Geneve had to announce the venue by 8 August 2009 or face further Court attention.
The decisions were described by one source close to BMW Oracle Racing as 'a very, very good day for us'.
Click here for full May 14, Sail-World article by Richard Gladwell
May 14, Court Affirms February 2010 for 33rd America's Cup. New York, NY, USA: Justice Shirley Werner Kornreich in the Supreme Court of the State of New York today upheld an earlier decision of the NY Court of Appeals to stage the America's Cup in February 2010.
"Today's hearing should end any further delay to the 33rd America's Cup and we can now look forward to some exciting racing in state-of-the-art boats early next year," Tom Ehman, GGYC spokesman, said following the hearing.
On April 7, 2009, the New York State Court of Appeals unanimously ruled that GGYC is the rightful Challenger of Record and that the next match would be in ten months - early February 2010.
However, in an April 23 letter to GGYC, Societe Nautique de Geneve (SNG) sought to unilaterally dictate that the match date be delayed to May 2010 in defiance of the Court, which triggered a motion to hold SNG in contempt of court.
Statement from the America's Cup defending yacht club, Société Nautique de Genève (SNG), after the court hearing today regarding the date of the 33rd America's Cup Match and the pending Golden Gate Yacht Club (GGYC) Custom-House Registry:
"Société Nautique de Genève and Alinghi welcome Justice Shirley Kornreich's decision and confirm that it will be adhered to. The Defender of the 33rd America's Cup also welcomes the clarity that it brings. We now know that the America's Cup Match can take place in the Northern Hemisphere regardless of the date, which Justice Kornreich said can be agreed through mediation. In the event of no agreement being reached, Alinghi, representing the SNG, will race BMW Oracle, representing the Golden Gate Yacht Club, in February 2010. In another important decision, Justice Kornreich ordered the GGYC to stick to the specifications of their Notice of Challenge and instructed the Challenger of Record to provide the Custom-House Registry as soon as possible." [end of statement]
Note: The choice of venue is decided by the Defender of the America's Cup and will be announced six months before the America's Cup Match.
In the second decision, on the point of BMW Oracle Racing having to provide a Customs House Registry document of their 90ft multihull, currently sea trialling, the Court did not uphold the complaint raised by Alinghi/Societe Nautique de Geneve. There is no requirement BMW Oracle to provide the CHR document now, or within 30 days as requested by the Alinghi parties.
May 12. America's Cup espionage reported in Alinghi affidavit: An extract from the affidavit filed by Mesmejan is as follows: On April 29, Team Alinghi SA a criminal complaint against Antoine Jean Bonnaveau, a French resident who is an employee of GGYCÔø‡Ôø‡s racing team, BMW Oracle Racing, in Lausanne, Switzerland, for violation of secrecy or privacy with the use of a photo camera device.
Following the posting of the Affidavit, Tom Ehman, Head of External Affairs for BMW Oracle Racing commented: 'Société Nautique de Genève (SNG) is once again trying to avoid the Court's clear Judgment by making trumped-up allegations that have nothing to do with the matter at hand. Legal observation of competitors is common practice in the America's Cup and other major sporting events. 'In fact, Alinghi 'spies' were photographed several times by our team near the base and on the water in both Anacortes and San Diego. Alinghi/SNG take the view that they can observe others but others can not observe them.
'We believe that SNG's attempted delaying tactics will not stop the 33rd America's Cup from proceeding in February 2010 as ordered by the Court last month,' Ehman added.
As the 33rd America's Cup is a Deed of Gift Match, there is no Protocol in place and therefore no restrictions on counter-espionage between competing teams. Therefore provided the teams operate in compliance with the laws of the country in which the espionage is taking place, then this form of information gathering is quite legitimate activity.
In the last page of the affidavit, Bonnaveau comments that it is common practice amongst the teams to observe each other activities, and that this has taken place against BMW Oracle on several occasions by members of Alinghi (who were subsequently taken out to dinner by their 'victims'.
Click here for full Sail-World article by Richard Gladwell
May 11. The Defender of the 33rd America's Cup, the Société Nautique de Genève (SNG), today received an official Notice of Challenge from the Circolo di Vela Gargnano (CVG) with a certificate for a 90x90foot vessel as per the Golden Gate / BMW Oracle challenge for the 33rd America's Cup.
SNG welcomes the Italian entry; CVG was a challenger in the 32nd America's Cup and is world renowned for its prestigious Centomiglia regatta. It has now challenged with a multihull as per the Golden Gate challenge.
SNG and Alinghi have always supported a multi-challenger event and continue to do so. At a meeting on 23 April, the Swiss Defender asked the American Challenger of Record to open the challenger selection series. SNG continues to encourage a 33rd America's Cup with multiple teams from different nations; however the decision to accept the Italian challenge in a multihull lies with the Golden Gate Yacht Club and BMW Oracle Racing.
Sailtexas Comment: The circus continues - Alinghi/SNG cannot accept a second challenge without the agreement of the Challenger of Record, BMW Oracle Racing/GGYC.
May 7, 2009. The new Challenger of Record, has told the Defender of the America's Cup to stick the second Mutual Consent proposed for 11 May in Switzerland.
In a tersely wordly letter, Golden Gate Yacht Club, represented on the water by BMW Oracle Racing has declined the invitation to attend a second Mutual Consent meeting proposed by the Defender, Societe Nautique de Geneve, for 11 May, just three days before the parties are due to make yet another appearace in the New York Supreme Court Click here for May 7, Sail-World article by Richard Gladwell
Geneva, Switzerland (2009-05-07): The 33rd America's Cup defending yacht club, Société Nautique de Genève (SNG), regrets that the Challenger of Record, the Golden Gate Yacht Club (GGYC), rejected an invitation to resume talks on terms for the 33rd America's Cup. It also appears to have closed the door to other teams using its latest legal action to disregard Italian team Green Comm's challenge.
In a letter sent on 5 May, the SNG invited the GGYC to meet to continue discussions, including such areas as the date, the venue, the race format, the participation of other challengers and the presentation of the Custom-House Registry of vessel. To the SNG's disappointment, the GGYC responded simply by reminding the defending yacht club of the court hearing scheduled for the 14 May in New York.
The SNG plans to persevere with its appeal to GGYC to join its representatives around a table to discuss these matters face to face. The invitation to negotiate remains open.
April 30. A leading legal source believes that the New York Supreme Court will get 'very stroppy' with Société Nautique de Genève (SNG), Defender of the America's Cup when the Contempt of Court matter is heard on 14 May . . .
Click here for Sail-World article by Richard Gladwell
April 29, 2009. Statement from the Société Nautique de Genève. "BMW Oracle Racing (BOR) and its club Golden Gate (GGYC) have again chosen the New York law courts, instead of accepting an invitation to another meeting to discuss the terms of the 33rd America's Cup. They have ignored both our proposal to open the competition to other challengers and our invitation to agree to mutual consent terms.
As Defender of the America's Cup, Alinghi and the Société Nautique de Genève (SNG) are duty bound to fulfill the Deed of Gift that governs the event. The document clearly states that May is the earliest possible date for a race in the Northern Hemisphere, where both clubs are located. The New York Supreme Court Order does not instruct us to breach our duties as trustee.
The Deed of Gift also states that the Challenger of Record should provide the Defender with a Custom-House Registry of the vessel 儜婆as soon as possible'. This they also ignore. The Deed of Gift is not a document to be cast aside at convenience: the wording is clear on the matter of the dates and cannot be dismissed because it does not suit GGYC and BMW Oracle Racing's current wishes.
The Société Nautique de Genève is prepared to defend its position, which fully respects the Deed of Gift as the governing document of the America's Cup, before the New York Supreme Court and will require BOR and the GGYC to do the same."
Sailtexas editoral comment: The same old circus continues, however it will continue to bring Swiss dollars into the New York Economy, and that can be good!
April 28, 2009 As noted by Sail-World late late week, the America's Cup has indeed returned to the halls of the New York Supreme Court, with the filing of a Contempt of Court papers on Monday.
The legal move from Golden Gate Yacht Club follows the announcement at the Challenger/Defender Meeting on 23 April, later confirmed in writing, by Societe Nautique de Geneve that they would defend the America's Cup in early May 2010 in apparent contravention of a New York Supreme Court Order Click here for full Sail-World article by Richard Gladwell
April 23, 2009. Société Nautique de Genève statement Geneva, Switzerland: At a meeting today in Geneva, the America's Cup defending yacht club, Société Nautique de Genève (SNG), confirmed that it accepts the Golden Gate Yacht Club's (GGYC) challenge for the 33rd America's Cup and informed representatives of the American yacht club that its team, Alinghi, will be ready to race their 90x90ft boat (as stated in the GGYC Notice of Challenge) in 2010.
SNG expressed its willingness for the challenger selection to be open to other teams and has encouraged GGYC to do so by offering them more time for teams to prepare if necessary. It was also stated that the SNG would be flexible and ready to discuss other terms of the 33rd America's Cup such as race format, venue or calendar.
However: The America's Cup seems to be destined to return to Court - as a result of the action of Defender, Société Nautique de Genève (SNG) rejecting the offer of a Multi Challenger event sailed in yachts to the AC33 rule, made by the Challenger of Record, Golden Gate Yacht Club (GGYC).
At a meeting in Geneva, on Thursday, SNG/Alinghi did not accept the Multi Challenger proposal, instead they opted for a Match in 90ft or 115ft LWL multihulls, the maximum sized yacht allowed in the Deed of Gift.
SNG/Alinghi also announced that they would Defend in May 2010, and apparent contravention of a New York Supreme Court order requiring a match to be sailed on 8 February 2010.
Click here for full Sail-World article by Richard Gladwell, 3:49 PM Thursday 23 Apr 2009
April 21. Golden Gate Yacht Club, the new Challenger of Record has put its cards, two of them, on the America's Cup negotiating table ahead of the first meeting between the Defender (Societe Nautique de Geneve) and the newly installed Challenger of Record . . . Click here for Richard Gladwell, Sail-World.Com 7:20 PM Tuesday 21 Apr 2009
April 17. International and local, close to the America's Cup action, who won't be quoted but are reasonably happy to talk off the record, on a 'not to be attributed' basis.
Click here for Richard Gladwell's April 17, Sail-World report
April 15. America's Cup - Off the Record: Much of what has been written since the Appeal Court Decision of 2 April has come from various sources, international and local, close to the America's Cup action, who won't be quoted but are reasonably happy to talk off the record, on a 'not to be attributed' basis. The situation says Richard Gladwell of Sail-World.Com runs something like this: : Click here for Richard Gladwell's April 15, Sail-World report
April 13. Richard Gladwell - Sail-World.Com: "Much of what we have written since the Appeal Court Decision of 2 April has come from various sources close to the America's Cup action, who won't be quoted but are reasonably happy to talk off the record, on a 'not to be attributed' basis. The situation as we hear it today runs something like this..." Click here for Richard Gladwell's full Sail-World report
April 9 An open letter to the Société Nautique de Genève and the Golden Gate Yacht Club from the commodores of the five yacht clubs that either set the America's Cup competition in motion, or have been a former trustee of the Cup:
We write to encourage you to negotiate together for a fair and equitable multi-challenger competition for the thirty-third defense of the America's Cup. We believe that such an event, as opposed to a "Deed of Gift" defense, is in the greater interest of the sport of sailing in general and of members of the broad America's Cup community, who have invested their time and resources to make the event a true international competition of the highest order. We hope that the current challenger and defender will work together to find a way through their differences to bring about such an event for the good of yachting and the America's Cup.
The Lord Iliffe, Commodore Royal Yacht Squadron
David K. Elwell Jr., Commodore New York Yacht Club
Mark Fitzhardinge, Commodore Royal Perth Yacht Club
R. Andrew La Dow, Commodore San Diego Yacht Club
Scott Colebrook, Commodore Royal New Zealand Yacht Squadron
April 8 from Sail-World USA: We all know that still rivers run deep, and so it is with the silence on the America's Cup scene, after the Appeal Court announcement last Friday. No-one has been saying too much, and today in an interview with Louis Vuitton Pacific Series Event Director, Bruno Trouble, Sail-World USA can reveal why: The ball is firmly in Alinghi's and Ernest Bertarelli's court over the shape of the 33rd America's Cup. If this double act elects to run with a Multihull Match, then there will be some good outcomes for the other 'America's Cup' teams, who will be free agents.
And, if they decide to accept the offer from BMW Oracle Racing for a Multi-Challenger event, then another set of opportunities go on the table. These could see the America's Cup into even more of a sporting spectacle than it is already.
Sail-World USA also have the doyen of sailing journalists, Bob Fisher Click here, to give his views on what should happen for the next America's Cup.
April 2, 2009 The New York State Court of Appeals, in the case between Golden Gate Yacht Club (GGYC) and Societe Nautique De Geneve (SNG), regarding the validity of Club Nautico Espanol De Vela (CNEV) as the Challenger of Record, has found in favor of GGYC, reversing the Appellate Division and reinstating Justice Cahn's orders. In its unanimous opinion, the Court held:
"Since CNEV has failed to show that at the time it submitted its Notice of Challenge it was a 'club' fulfilling all the conditions required by' the Deed of Gift, it does not qualify as the Challenger of Record for the 33rd America's Cup competition and Supreme Court was correct in declaring GGYC to be the valid Challenger of Record.
It has been posited that the right to act as trustee of the America's Cup should be decided on the water and not in a courtroom. We wholeheartedly agree. It falls now to SNG and GGYC to work together to maintain this noble sailing tradition as 'a perpetual Challenge Cup for friendly competition between foreign countries.'"
Court decision: Click for full Court decision:
Statement from Société Nautique de Genève
April 2, 2009. Valencia, Spain.
"It has consistently been our view that the America's Cup should be fought on the water. Today through the American courts the Golden Gate Yacht Club has won the right to challenge the Société Nautique de Genève. We will now discuss the terms for the regatta with them and will prepare our defence of the 33rd America's Cup."
www.alinghi.com
Sailtexas.com editorial comment: If that has always been the Alinghi view, why have they spent millions of dollars in fighting in Court to avoid it . . .
April 2, 2009. Vincenzo Onorato (Team Mascalzone Latino): I am happy for Oracle's victory.I would like to remind everyone that Mr. Bertarelli was the one who excluded Russel Coutts from the last edition of the America's Cup: the greatest race in the world without the greatest yachtsman of all time!
Get lost Alinghi and the same goes to all those teams of cunning professionals who hypocritically supported him until now.
The boat race returns to the water, as the judges of the Supreme Court of New York have written and sanctioned. We will live the super match of the third millennium among the two "trima-monsters" of Oracle and Alinghi in a showdown at the OK Corral.
Click for more at www.mascalzonelatino.it
Photo Mascalzone LatinoJanuary 1, 2009: Letter To Ernesto Bertarelli from: Vincenzo Onorato www.mascalzonelatino.it
Dear Ernesto,
I have read the list of the last - minute registered teams to Your America's Cup.
You would forgive my insolence, but in such a very short time a number of teams without history or "art" have been promptly and immediately accredited to the highest world sailing competition.
These teams "by chance" have filed an Amicus brief against GGYC - BMW Oracle Racing team. The above would be nearly - and I repeat nearly - marginal if you would have not taken more then an year to issue a confirmation letter of acceptance of our Club and Mascalzone Latino!
You asked for the proof of the existence of Reale Yacht Club Canottieri Savoia which has more then a century of history and participations into two America's Cup.
The matter raises existential questions: which rooms near the sea I have visited in the last decades in Naples? Where I have had dinners hundreds of times thinking to be my yacht club? Should I now question whether my club exists?
I' m proud of my Neapolitan origins . You Mr Bertarelli , you should be ashamed to offend my club and the city it represents only because we have supported Oracle arguments.
You could make other amicus brief being signed by teams which from the America's Cup expect anything but a loyal competition; the so called "professional" of sailing which means those who wish to make money from sailing, have not always honoured our sport, too eager for money and not for the competition.
Congratulation to Russell who has the courage to give up with you, and to Ellison to defend our sport.
A pray: for once please reply to me, and do not hide you behind your "rubber wall" which does not honour you.
Vincenzo Onorato
P.S.: I kindly ask you to provide me with the proof that all the other teams registered have paid the registration fee as we have done!
Click here for the web page of: Mascalzone Latino
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November 11, 2008. AMERICA'S CUP - "Discussion Should Be OPen To All", says Vincenzo Onorato:
Reale Yacht Club Canottieri Savoia (R.Y.C.C.S.) and Mascalzone Latino accepted the invitation by America's Cup Management to participate to the November 11th 2008 meeting at Société Nautique de Genève (S.N.G.) in Geneva.
At the meeting the team representatives were requested to sign a non-disclosure agreement in order to keep the discussion strictly confidential among only the participants.
Mascalzone Latino's representative to the meeting, Alessandra Pandarese, expressed the team's firm view that in the current circumstances discussion should be open to all interested parties, including Golden Gate Yacht Club (G.G.Y.C.), as one of the disputing parties.
Therefore, Mascalzone Latino choose not to sign the non-disclosure agreement. In response, the Mascalzone representative was not admitted to the meeting room, nor was she permitted to explain her team's position to those in attendance.
"We regret for not having been admitted to the today's meeting. Besides we don't understand the reasons of all this secrecy, nor the reasons of G.G.Y.C.'s exclusion" - said Vincenzo Onorato. "Another opportunity to discuss in an open forum has been lost, but I wish that all challengers, including G.G.Y.C., and the Defender would gather in another meeting soon."
For more information, visit: www.mascalzonelatino.it
November 16 - Click here for November 16 'Heads-Up' by Sail-World
November 11, 2008: Alinghi says; 33rd America's Cup teams reach consensus on rules governing the event at a Competitor Meeting in Geneva:
A large majority of the teams entered in the 33rd America's Cup today achieved another milestone in the process of getting the event back on the water during a second Competitor Meeting at the Société Nautique de Genève in Switzerland. Ten of the 12 entered challengers present at the meeting, along with the Defender Alinghi, expressed a unanimous will to work together constructively towards a class rule and regulations that satisfy all entered competitors. Amongst other topics, it was agreed that:
The Arbitration Panel be expanded to five members, with the two additional members being appointed by all the entered competitors through a democratic process The Race Committee has been agreed by all the entered competitors Other America's Cup Race Officials, the Technical Director and Umpires will be selected following a similar process amongst ISAF officials Two pre-regattas will be organised in 2009 before the 33rd America's Cup in 2010.
All participants at today's meeting expressed their satisfaction with the process and their confidence in ongoing plans progressing towards a 33rd America's Cup. They also urged BMW Oracle Racing once again to drop their lawsuit and enter this process. The next Competitor Meeting is scheduled for December.
The entered teams present at today's Competitor Meeting were:
Alinghi, Société Nautique de Genève, Switzerland - Defender of the 33rd America's Cup
Desafìo Español, Club Náutico Español de Vela, Spain - Challenger of Record
Shosholoza, Royal Cape Yacht Club, South Africa
TeamOrigin, Royal Thames Yacht Club, United Kingdom
Emirates Team New Zealand, Royal New Zealand Yacht Squadron, New Zealand
Green Comm, Challenge Circolo di Vela Gargano, Italy
Ayre, Real Club Náutico de Dénia, Spain
Victory Challenge, Gamla Stans Yacht Sällskap, Sweden
Argo Challenge, Club Náutico di Gaeta, Italy
French Spirit, Yacht Club de St Tropez, France
Carbon Challenge
THE AMERICA'S CUP OR "THE ALINGHI'S CUP" by Vincenzo Onorato
August 6, 2008. Now that there is only one last chance left for an appeal, last week's decision by a New York court to re-instate CNEV as Challenger of Record puts the whole future of the America's Cup at risk. For if their decision stands, our sport's premier match will come to an end as a genuine sailing competition. What we will have instead will be a regatta that just pretends to be the Cup.
Predictably, we have heard panicky cries for a multi-challenger event at all costs. It is almost as if the rules don't matter. But what sort of event will it be when a sham COR has already connived at ensuring the defender can't lose?
In case you've forgotten, let's recall the protocol Alinghi now brazenly promotes as its "vision."
Alinghi claims the right to choose, at its sole discretion, the regatta judges, the committee, the umpires and the measurers, even going so far as to state that they must be its employees. Alinghi, again at its sole discretion, claims the right to accept a challenge or to penalize a rival and to change the rules at any time. Little wonder this protocol was immediately opposed by seven syndicates.
Faced with a stacked deck, top-level syndicates will stay away. You can argue it is still better to join and hope for change. But that's how a lamb thinks before it gets into bed with a wolf. We might as well rename it the Alinghi Cup now.
The three judges may have swallowed the bait that any multi-challenger event is better than a Deed of Gift match. But if so why even have rules? For a defender can now collude with anyone to fix the game. Incredibly, this ruling says the America's Cup Challenger of Record doesn't even need to own a boat!
Sure, we will still have an event called the America's Cup. But top sailors will know it's a sham. And it won't take sponsors and fans long to catch on either. Already we have seen Louis Vuitton, who have been a key part of the Cup's whole identity, go. What looks like a race will in fact be a procession. Ernesto Bertarelli's vision turns out to be a cynical marketing ploy that gives his commercial subsidiary, ACM, total control.
Oracle have courageously tried to stop an Alinghi take-over. There is only one round left in the court process. We have to hope Oracle will win. Because if they don't the modern Cup will have just come to a shameful end.
Vincenzo Onorato
www.mascalzonelatino.it
Artist's impression of an ACC V 5.0 yacht (left) compared to an AC33 yacht at similar scale.
January 30. AC33: The new America's Cup yacht design rule goes live The AC33 has been designed through consultation between the Defender, the Challenger of Record and the 17 other entered teams and the process was headed by Tom Schnackenberg as the class rule and competition regulations consultant for AC Management. Designers and team managers from the 19 America's Cup syndicates met regularly in Geneva, Switzerland, and Valencia, Spain, since the design process began in early November 2008.
This group agreed to develop a boat similar in cost to the America's Cup Class Version 5.0 boat, but with a more exciting performance. The AC33 Rule evolved to a race yacht of 26m maximum length overall, with 5m of draft and a displacement of 17.5tonnes.
The sail plan area is greater than with the ACC Version 5.0 but without overlapping headsails, and as with the AC90 Rule contemplated in 2007, the boat has a bowsprit and the spinnaker area is limited only by sheeting constraints, not by measurement of dimensions.
Given the lighter displacement, the AC33 will be more demanding to sail upwind, and will provide sparkling performance on the runs. Maximum beam is 4.8m, which will seem wide to people used to the appearance of the Version 5.0 yachts, where the last generation of yachts had a beam not much more than 3m in many cases.
Key dimension differences between an ACC Version 5.0 and the new 33rd America's Cup Class Rule, the AC33:
ACC Version 5.0 33rd America's Cup Class AC33
Length overall: 24.5 Typical 26m maximum
Length waterline: 18-20m 26m maximum
Beam: 3.3m typical 4.8m maximum
Draft: 4.1m 5.0m
Weight in Measurement
condition: 24T 17.5T
Mast height
from sheerline: 32.5m 33.6m
Spinnaker: 512sqm unlimited
Mainsail area: 214sqm typical 225sqm maximum
I from sheerline: 26.1m 28.5m
J: 8.3m 10m
Spinnaker tack from
mast: 11.6m (pole) 13.65m (to end of bowsprit)
Tom Schnackenberg, class rule and competition regulations consultant for ACM, on how the process worked and what to expect of the new class:
"We have had a very active 10 weeks pursuing this new AC33 Class Rule. The process was very similar to that of the initial AC90, and we deliberately used many of the clauses already developed for it 12 months ago. Because of our previous experience, this process seemed familiar and ran smoothly, in spite of the interruption caused by the Christmas holidays."The boat was originally suggested as one with overhangs, and girth restrictions, (a sort of mini J-class) but as different designers got into the act, it quickly evolved into a boat defined only by the length overall, weight, max beam and draft. This allows simple measurement processes for the hull itself, and each change seemed to make the boat go faster!
"As it turned out, the boat is slightly longer than the ACC Version 5.0 boats and several tonnes lighter, with similar sail area and righting moment. It promises to have similar upwind speed and to have sparkling downwind performance.
"We think it will be a boat which the America's Cup community will really enjoy; a worthy successor to all the wonderful boats that have gone before."
America's Cup Defender Alinghi's principal designer Rolf Vrolijk on the new class: "For designers it is always more exciting to be involved in a new class or with a new type of boat than the highly evolved existing class where we can only focus on very detailed optimisation . It is quite challenging because it means starting from zero and this is a class like nothing we have seen before so if you do your homework right, you would be competitive. Some teams might be very competitive in some corners of the rule, so that will be very interesting."
John Cutler, technical director for the Challenger of Record, Desafío Español, on how the new class can level the playing field: "It is a clean sheet of paper and therefore everybody has a good opportunity to come up with and design a fast boat or possibly the fastest boat, so we think that this is a good opportunity for all challengers and it will work well for Desafío Español."
Andy Claughton, design team coordinator for TeamOrigin, the British challenger, says: "Creating the new AC33 Class Rule has been a terrific combined effort from Alinghi and the challengers. The vision of the boat was clearly established; it had to be fast, up to date and challenging to sail, whilst not being prohibitively expensive to build and campaign. The rule development was done at a series of round the table meetings chaired by Tom Schnackenberg who brought all his experience to bear in guiding the writing of the rule text. All the challengers were able to make their voice heard, and the experienced members of the group have worked towards a rule that has many fewer constraints than the old Version 5.0 boats."
January 17. Two time America's Cup competitor and winner, Bill Koch, has been successful in a bid to have an amicus curiae letter accepted by the the Court of Appeals in the State of New York.
At the same time the Court rejected letters from two other parties who had supported the position adopted by the current Defender, Societe Nautique de Geneve (SNG). The two teams - Team French Spirit (FRA)and Team Shosholoza (RSA) had their motion to file additional amicus curiae briefs denied. Koch was a former winner and Defender of the America's Cup in 1992 for he San Diego YC. In 1995 he opted to promote the Mighty Mary, all womens team. He is a member of the America's Cup Hall of Fame.
Koch's letter gave tangential support to the submission put forward by Golden Gate Yacht Club. It underlines the practical reasoning for requiring a Club to have already held an annual regatta, and for that club, if it wishes to be Challenger of Record, to be organised as a yacht club. It does not just echo the submission of others, but provides very practical reasons, from a sailor's perspective, as to the way the wording must applied as he suggest and not in a futuristic sense.
Koch also explores the practical effect of the future tense interpretation, and how this could be used by the Defender to very real advantage.
The cut-off date for the lodging of amicus curiae letters was early January 2009, and Koch, through his attorneys has scored something of a breakthrough in having this letter accepted for consideration by the Court.
Two other teams tried to have second submissions accepted by the Court, but these were rejected.
Another letter lodged by Royal Thame yacht Club, after the 2 January deadline has yet to be ruled on by the Court as to whether they will accept its submission - and by definition whether it will be considered by the Court when it considers the final Appeal. Koch's letter was accepted by the Court at face value, meaning that it will be taken into account by the Court, but the two time America's Cup competitor will not be able to make submissions in person.
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