Wow! Its hard not to get excited about the possibilities for the next America’s Cup after the unveiling of BMW Oracle’s powerful new 90 ft. composite trimaran. Under wraps for the better part of nine months in Anacortes, Washington at the team’s construction facility, the new multihull will be rigged up before it hits the rugged waters in the Straits of Juan de Fuca.
With its baptism a few weeks away, the America’s Cups most expensive (checking in at a possible, yet implausible 100 million dollars) and most technologically advanced racing machine ever built, will spend a short time sailing in the Pacific Northwest before the late autumn weather becomes more inclement for testing, and more conducive for carving jack-o-lanterns than gliding thru the schizophrenic currents of the Rosario Straits.
The sleek 90 X 90 ft. trimaran is the most sophisticated multihull ever constructed in the United States. Most of the expertise in multiple hulls comes from Europe, most notably France. The custom facility in Anacortes is located in the epicenter of America’s aerospace and computer Shangri La with corporations Boeing, Janicki Industries and Microsoft Inc. all headquartered nearby.
Designed by the French naval engineers Van Peteghem/Lauriot Prevost (VPLP) and Groupama 3 skipper Franck Cammas, the boat was built specifically to challenge for the 33rd America’s Cup against the Swiss yacht club Societe’ Nautique de Geneva and its racing team, Alinghi. VPLP as a design team is responsible for some of the fastest multi-hulls in the world. Their creation l’Hydroptere is on the threshold of breaking the 50 knot barrier in France as we speak clocking in at 46.7 knots on August 8th off Napoleon Beach in the ‘louis-du Rhone and the mega trimaran Banque Populaire V will launched shortly. These hi-tech carbon trimarans will make rubic cubes attempts at speed records in a variety of races ranging from the Route du Rhum to the Jules Verne around-the-world trophy.
The construction team was led by Mark Turner and Tim Smyth, who worked wonders in a 20,000 square foot canvas cavernous tent of the likes that Barnum and Bailey’s Circus could never have imagined.
The BMW Oracle sailing team is led by 3-time America’s Cup champion Russell “just a helmsmen” Coutts, Cammas and helmsmen James Spithill. BMW-Oracle is competing this summer in Europe on the I-Shares Cup circuit in 40 ft. high tech catamarans, as is Team Alinghi, in preparation for a potential Deed of Gift, New York Court ordered America’s Cup next year, most likely in Valencia, Spain.
“This is a very special boat and represents a special achievement by a hugely committed team who are among the world’s best at what they do,” Coutts said. We have learned a lot in getting to this point and now we are looking forward to testing it on the water.”
BMW Oracle represents the Golden Gate Yacht Club in San Francisco, California and is led by multi-billionaire Larry Ellison, who recently was named as the highest paid CEO in the United States at over $84.6 million dollars this year. Ironically, Ellison is probably bankrolling this challenge to the tune of over 200 million and has probably spent close to a half a billion dollars for his effort to land the America’s Cup….yea!
Monday, September 22, 2008
Tuesday, September 2, 2008
I'm "Having" a Conniption...revisted
Shock, surprise, bewilderment, in the face of the New York Appellant Court’s 1st Department’s (NYAC) ruling of July 29th we are left with a proverbial; “huh”? The world of the America’s Cup has been turned upside down again, because of a narrow parochial interpretation of what “having” means. Does it mean will have, or is it possessive, to own?
In the context of the sentence that it appears in, in the Deed of Gift; my grammar knowledge is about as good as Judge Leland Degrasse, who spoke for the narrow majority. All are new to the Appellant bench this year, more on that later. At some point it would have been nice if the court had at some point, considered the intent of the donors.
The Appellant Court ruled in a split decision (3-2) that the Club Nautico Espanol de Vela (CNEV) is again the challenger of record for the 33rd America’s Cup. In a ruling that has surprised everyone; most of all Team Alinghi, the Golden Gate Yacht Club has been displaced as the challenger of record and faces the prospect of either appealing to the New York Court of Appeals or facing the possibility of being barred from the next America’s Cup.
After more than a year of protracted litigation between Alinghi, representing the Societe Nautique de Geneva and BMW Oracle from the Golden Gate Yacht Club, the adversaries find themselves back to square one. This, after what was thought to be a final rubber stamp by the Appellant Court on the squabble over the dates for the 33rd America’s Cup next year.
The paragraph in question reads like this: "Any organized Yacht Club of a foreign country, incorporated, patented, or licensed by the legislature, admiralty, or other executive department, having for its annual regatta an ocean water course on the sea, or on an arm of the sea, or one which combines both, shall always be entitled to the right of sailing a match of this Cup, with a yacht or vessel propelled by sails only and constructed in the country to which the Challenging Club belongs, against any one yacht or vessel constructed in the country of the Club holding the Cup.”
The (GGYC) stated “it will carefully consider the implications of today’s ruling, before deciding on its next step.” “We are surprised and disappointed by this ruling. We will now be taking legal advice and considering the next step,” Tom Ehman, the club’s spokesman, said.
Ernesto Bertarelli, Alinghi president, comments: “We are delighted with this result; we can now continue with our vision of a multi-challenger event. The court’s decision validates our actions and enables us to put the America's Cup back on the water.”
Lucien Masmejan, SNG lead counsel, comments: “After a year of litigation interference by the GGYC, we are extremely pleased that the Appellate Division has found its challenges to SNG's conduct of the 33rd America's Cup baseless.”
“The GGYC’s actions have wasted a lot of time, effort and resources over the past year and we hope that it does not appeal. We must now evaluate whether adjustments have to be made due to the time consumed by its improper litigation initiatives.”
“The decision of the Appellate Division reads: “...the orders of the Supreme Court, New York County (Herman Cahn, J.), entered March 18, 2008 and May 13, 2008, which, inter alia, declared CNEV's challenge invalid and GGYC the Challenger of Record under the Deed of Gift, should be reversed, on the law, with costs, CNEV declared the Challenger of Record, and, in keeping with the Deed of Gift's requirement that the defender be given at least 10 months' written notice to prepare for the challenge, the 10-month notice period should be tolled until service of a copy of this order.”
So here we are with an apocalyptical nightmare America’s Cup scenario that appears to be deadlocked in an insurmountable ego driven bypass.
On one hand, there is Alinghi President Ernesto Bertarelli, whose team defended the America’s Cup last summer for SNG and who is trying to force his vision forward by usurping, for the most part, the mutual consent provision of a new protocol for the 33rd running of the world’s most prestigious yacht race.
On the other hand is Larry Ellison, the founder and chairman of Oracle. His racing team BMW Oracle had perhaps the fastest AC Class Version 5 boat in Valencia, Spain, but was virtually swept away in five of 6 races against Luna Rosa from Italy. Ellison’s team was the Challenger of Record, until they were eliminated. They lost 5-1 to Alinghi in 2003.
In an extraordinary set of circumstances the New York Court System is playing out like a bad episode of “Judge Judy”. Consider that three of the five judges on this Appellant Court are recent appointments. Judges Karla Moskowitz and Rolando Acosta were appointed by then Governor Eliott Spitzer, before his resignation for his indiscretion with in Washington DC with a high priced prostitute.
Leland DeGrasse was appointed in April, 2008 by now Governor David Paterson, who admitted his own marital infidelities. New York Court of Appeals Chief Justice Judith Kay,turns 70 on August 4th (Happy Birthday) which means mandatory retirement in the state, so this his her last term. She is also currently suing the State of New York for higher judicial pay!
What was interesting and now ironic is that the resolute, courageous Judge DeGrasse who endeavored over New York’s landmark educational reform lawsuit now has; low and behold the same firm in front of him representing Alinghi.
In the Fiscal Equity vs. the State of New York lawsuit, the plaintiffs were represented pro bono by Simpson Thacher, noble efforts aside. For DeGrasse, whose seat on the Appellant bench had warmed up to the tune of 6 short weeks, it would be tough to overlook the millions of dollars of “gratas” work by Simpson Thacher, in what is ultimately a charitable trust case involving the people of the State of New York.
This weekend the two ‘Cup powerhouses fight it out on the water in Cowes, England in the I-Shares Cup on Formula 40 catamarans. Both teams have spent the summer training on multihulls in preparation for the 33rd America’s Cup. Europe, not the United States, has become the center of the America’s Cup universe.
This summer, If your not training on cats, you’re on ‘monos in the Swedish Match Racing Tour or Med 52’s pounding it out in Italy or France. Other than distance races or small boats, America has fallen off the radar on the uber competitive match racing circuit. Unfortunately in all respects we have fallen victim to a domino effect “NASCAR Nation” ethos.
In an added twist the appeal was made by the defender in an effort to restore the challenger’s rights. CNEV didn’t even appeal after losing in court last November.
Currently, CNEV is without a team as Desafío Español terminated its relationship with the "paper" club and is now represented by the Real Club Maritimo del Abra,in Bilbao,in northern Spain. Also, Spain is now represented by another challenge; Reial Club Marítim de Barcelona and Real Club Náutico de Madrid, who have combined forces to form the Decision Challenge.
After Alinghi defended the ‘Cup in seven exciting races in probably the best America’s Cup ever, they brought in a challenger of record (COR)from Spain to sign off on Bertarelli’s vision for the next America’s Cup. Unfortunately, the new club had not fulfilled its minimum obligations to qualify as pro bono COR.
According to the strict terms of the Deed of Gift, which governs the rules, by which the America’s Cup can be challenged for the COR has had to have conducted an annual regatta and had to have been an established yacht club from a proprietary standpoint. This differs from merely being able to challenge for the ‘Cup.
The challenger of record is held to a higher standard. In past years several yacht clubs have been able to actually enter as challengers through the mutual consent clause set forth by the defender and the challenger of record. They have been held to a lesser standard since the COR is responsible for negotiating terms and organizing the challengers regatta.
The New York Yacht Club in 1887 specifically rewrote and changed the Deed of Gift to ward off inexperienced and inept challenges for the “Auld Mug” after 2 abhorrent challenges by the Canadians that tarnished the image of the regatta. The intent of the donors was very clear then as it should be now. CNEV does not have the ability to properly organize an America’s Cup challenge, nor does it process the ability to properly negotiate terms for the multiple challengers for a protocol for the 33rd America’s Cup.
Alinghi won the America’s Cup in New Zealand in 2003. The yacht club chose Valencia, Spain to host the 2007 America’s Cup. Valencia is located on the Mediterranean Sea and is one of the world’s oldest ports. The racing must take place on the sea, or an arm of the sea.
The word alinghi was made up as a child by Bertarelli. Alinghi beat Team New Zealand 5-2 in one of the most exciting America’s Cups in history. After the series was over SNG drafted the rules for the next America’s Cup. With the help of the Spanish Sailing Federation (RNEF) they created a phantom yacht club to agree to bogus new rules and represent any challengers, who might be interested in racing for the right to face to Swiss in an America’s Cup finals in 2009.
After the new rules were announced BMW Oracle and the GGYC objected to the new protocol for the next race and submitted a challenge for the America’s Cup to the SNG. When the challenge was rejected, the GGYC filed suit in the New York Supreme Court, to invalidate the Spanish challenge. The court is bound by the Deed to arbitrate all disputes relating to the America’s Cup Trophy, which is held as a charitable trust by the State of New York.
On November 27th, 2007 the Honorable Judge Herman Cahn ruled in favor of the Golden Gate Yacht Club (GGYC) and declared them to be the true challenger of record.
In Judge Cahn’s ruling, he was very clear on CNEV’s lack of qualifications as a bona fide challenger of record. It goes beyond having not run an annual regatta, to its charged responsibility of running an America’s Cup regatta. If you haven’t even run races for cases… of beer, what would possibly qualify a club to run the biggest regatta in the world?
Prior to that, BMW Oracle submitted nine amendments to the protocol and has support of most of the other seven challengers at this point. By in large, Bertarelli’s original vision for the protocol of the 33rd America’s Cup remains intact.
There is agreement on the new 90 ft. AC boat, the defenders are allowed to sail in the regatta; the dates, venue are unchanged and other than egos, the remaining point of contention would appear to be the 2 boat issue. In spite of Alinghi’s contention, this has little to do with sour grapes on Ellison’s part and more to do that many on his team are very well versed and rehearsed on rules that regulate the America’s Cup.
In order to keep costs under control, Bertarelli wants to limit construction of the new ‘Cup class and the inherent expense escalator of 2 boat testing.
The original contest for the One Hundred Guinea Cup took place off England's Isle of Wight in 1851. The contest was won by the yacht America, against 18 British challengers. Aboard, was New York Yacht Club Commodore John Cox Stevens, who later presented the trophy to the Club in 1857.
America dominated the event to such an extent, that Queen Victoria was said to ask, "Who's in second?” In which she was told, "You’re Majesty, there is no second!" In an act of conveyance, the original members of the “America syndicate” placed the ‘Cup in a charitable trust to the State of New York as a perpetual challenger’s trophy.
The deed of gift, which is the bylaw that governs the race, was amended by the last surviving member; George Schuyler in 1887. The defense of the “Auld Mug” for the most part, takes place every few years. It has changed hands several times between America, Australia, New Zealand and now, Switzerland.
Since the legal debacle in 1988, the Deed has generally been usurped of its authoritative grip on the rules by mutual agreement provisions called the America's Cup Protocol. The protocol's enabling resolutions allow the Challenger of Record to establish the rules and regatta format to determine who will challenge the defending boat for the America's Cup.
As to SNG and GGYC, it is time to settle this like sailors, on the water. With no legal “tolling” in place, the dates of the match were set in GGYC’s challenge for July 4, 6 and if necessary July 8th , 2008. In Judge Cahn’s ruling on March 17th he was very clear in emphasizing that; “Contrary to SNG’s assertion, that parties wound up entangled in legal proceedings, which “interrupted” the 10-month period (notice given for match by challenger, GGYC), does not invalidate the Notice of Challenge.”
With no legal “tolling” (timeout) agreement in place and in spite of BMW Oracle’s own internal toll timeline of 30 days after your court ruling of November 27, 2007, when on December the 29th they announced a commitment to a Deed of Gift challenge and proclaimed race dates 10 months hence in October of 2008, nothing precludes or interrupts the fact that the challenge was set for July of 2008.
For Alinghi, it is time to realize that they still have tremendous advantages as the defender. You can be 99% certain of what type of multi-hull BMW Oracle has designed and for what conditions it was built for. Also as the Deed declares: “if of one mast”…… So, Ernesto man up and start building. To the “Ecstasy of St Theresa”, take a page from your own families’ past, when Serano’s founders took the initiative and started extracting urine from all those nuns to start what became; your business.
In the words of the Honorable Judge Sol Wachtler, who concurred with the majority in the New York Court of Appeals ruling in MBBC vs. SDYC when he wrote: “This case has little or no significance for the law, but it has caught the public eye like few cases in this court’s history. Much of the reason for this attention, apparently, is the supposition that here at stake are grand principles – sportsmanship and tradition – pitted against greed, commercialism and zealotry that threaten to vulgarize the sport. In the end, however, the outcome of the case is dictated by elemental legal principles.
In an ironic twist of fate the litigants come up against the honorable Judge Carmen Ciparick again…and we all know how she feels. She has little or no tolerance far all of this. Before this is over she will weigh in, heavily and with Chief Justice Judith Kaye pining for more dollars I can’t see where she will have much patience for the billionaire litigants, maybe she’ll revoke to charitable trust.
In 1989 Judge Ciparick disqualified the SDYC and awarded the America’s Cup to the Mercury Bay Boating Club. Ciparick ruled that the San Diego Yacht Club had “violated the spirit of the deed” when its “clear goal to was to retain the cup at all costs.”
In her ruling she wrote; “the defender of the America’s Cup is more than the current champion yacht club. The yacht club winning the America’s Cup becomes the sole trustee under the deed of gift and has an obligation there under to insure a fair competition. The holder of the America’s Cup is bound to a higher obligation than the victor of the Stanley Cup or Super Bowl. In organized sports such as hockey or football there is a central authority for the development and enforcement of competition rules. The defender of the America’s Cup, as trustee, is charged with the responsibility of insuring that a subsequent defense is carried out in accordance with the letter and spirit of the deed of gift. San Diego clearly fell short of its obligations as trustee of the deed of gift.”
It is in the spirit of that passion dream drama that vaporized, that many are now wanting for wonder, a bonus America’s Cup next summer. At this point who doesn’t want to see at least one high tech parley of tri-hulled foils ripping it out on the Mediterranean?
In the context of the sentence that it appears in, in the Deed of Gift; my grammar knowledge is about as good as Judge Leland Degrasse, who spoke for the narrow majority. All are new to the Appellant bench this year, more on that later. At some point it would have been nice if the court had at some point, considered the intent of the donors.
The Appellant Court ruled in a split decision (3-2) that the Club Nautico Espanol de Vela (CNEV) is again the challenger of record for the 33rd America’s Cup. In a ruling that has surprised everyone; most of all Team Alinghi, the Golden Gate Yacht Club has been displaced as the challenger of record and faces the prospect of either appealing to the New York Court of Appeals or facing the possibility of being barred from the next America’s Cup.
After more than a year of protracted litigation between Alinghi, representing the Societe Nautique de Geneva and BMW Oracle from the Golden Gate Yacht Club, the adversaries find themselves back to square one. This, after what was thought to be a final rubber stamp by the Appellant Court on the squabble over the dates for the 33rd America’s Cup next year.
The paragraph in question reads like this: "Any organized Yacht Club of a foreign country, incorporated, patented, or licensed by the legislature, admiralty, or other executive department, having for its annual regatta an ocean water course on the sea, or on an arm of the sea, or one which combines both, shall always be entitled to the right of sailing a match of this Cup, with a yacht or vessel propelled by sails only and constructed in the country to which the Challenging Club belongs, against any one yacht or vessel constructed in the country of the Club holding the Cup.”
The (GGYC) stated “it will carefully consider the implications of today’s ruling, before deciding on its next step.” “We are surprised and disappointed by this ruling. We will now be taking legal advice and considering the next step,” Tom Ehman, the club’s spokesman, said.
Ernesto Bertarelli, Alinghi president, comments: “We are delighted with this result; we can now continue with our vision of a multi-challenger event. The court’s decision validates our actions and enables us to put the America's Cup back on the water.”
Lucien Masmejan, SNG lead counsel, comments: “After a year of litigation interference by the GGYC, we are extremely pleased that the Appellate Division has found its challenges to SNG's conduct of the 33rd America's Cup baseless.”
“The GGYC’s actions have wasted a lot of time, effort and resources over the past year and we hope that it does not appeal. We must now evaluate whether adjustments have to be made due to the time consumed by its improper litigation initiatives.”
“The decision of the Appellate Division reads: “...the orders of the Supreme Court, New York County (Herman Cahn, J.), entered March 18, 2008 and May 13, 2008, which, inter alia, declared CNEV's challenge invalid and GGYC the Challenger of Record under the Deed of Gift, should be reversed, on the law, with costs, CNEV declared the Challenger of Record, and, in keeping with the Deed of Gift's requirement that the defender be given at least 10 months' written notice to prepare for the challenge, the 10-month notice period should be tolled until service of a copy of this order.”
So here we are with an apocalyptical nightmare America’s Cup scenario that appears to be deadlocked in an insurmountable ego driven bypass.
On one hand, there is Alinghi President Ernesto Bertarelli, whose team defended the America’s Cup last summer for SNG and who is trying to force his vision forward by usurping, for the most part, the mutual consent provision of a new protocol for the 33rd running of the world’s most prestigious yacht race.
On the other hand is Larry Ellison, the founder and chairman of Oracle. His racing team BMW Oracle had perhaps the fastest AC Class Version 5 boat in Valencia, Spain, but was virtually swept away in five of 6 races against Luna Rosa from Italy. Ellison’s team was the Challenger of Record, until they were eliminated. They lost 5-1 to Alinghi in 2003.
In an extraordinary set of circumstances the New York Court System is playing out like a bad episode of “Judge Judy”. Consider that three of the five judges on this Appellant Court are recent appointments. Judges Karla Moskowitz and Rolando Acosta were appointed by then Governor Eliott Spitzer, before his resignation for his indiscretion with in Washington DC with a high priced prostitute.
Leland DeGrasse was appointed in April, 2008 by now Governor David Paterson, who admitted his own marital infidelities. New York Court of Appeals Chief Justice Judith Kay,turns 70 on August 4th (Happy Birthday) which means mandatory retirement in the state, so this his her last term. She is also currently suing the State of New York for higher judicial pay!
What was interesting and now ironic is that the resolute, courageous Judge DeGrasse who endeavored over New York’s landmark educational reform lawsuit now has; low and behold the same firm in front of him representing Alinghi.
In the Fiscal Equity vs. the State of New York lawsuit, the plaintiffs were represented pro bono by Simpson Thacher, noble efforts aside. For DeGrasse, whose seat on the Appellant bench had warmed up to the tune of 6 short weeks, it would be tough to overlook the millions of dollars of “gratas” work by Simpson Thacher, in what is ultimately a charitable trust case involving the people of the State of New York.
This weekend the two ‘Cup powerhouses fight it out on the water in Cowes, England in the I-Shares Cup on Formula 40 catamarans. Both teams have spent the summer training on multihulls in preparation for the 33rd America’s Cup. Europe, not the United States, has become the center of the America’s Cup universe.
This summer, If your not training on cats, you’re on ‘monos in the Swedish Match Racing Tour or Med 52’s pounding it out in Italy or France. Other than distance races or small boats, America has fallen off the radar on the uber competitive match racing circuit. Unfortunately in all respects we have fallen victim to a domino effect “NASCAR Nation” ethos.
In an added twist the appeal was made by the defender in an effort to restore the challenger’s rights. CNEV didn’t even appeal after losing in court last November.
Currently, CNEV is without a team as Desafío Español terminated its relationship with the "paper" club and is now represented by the Real Club Maritimo del Abra,in Bilbao,in northern Spain. Also, Spain is now represented by another challenge; Reial Club Marítim de Barcelona and Real Club Náutico de Madrid, who have combined forces to form the Decision Challenge.
After Alinghi defended the ‘Cup in seven exciting races in probably the best America’s Cup ever, they brought in a challenger of record (COR)from Spain to sign off on Bertarelli’s vision for the next America’s Cup. Unfortunately, the new club had not fulfilled its minimum obligations to qualify as pro bono COR.
According to the strict terms of the Deed of Gift, which governs the rules, by which the America’s Cup can be challenged for the COR has had to have conducted an annual regatta and had to have been an established yacht club from a proprietary standpoint. This differs from merely being able to challenge for the ‘Cup.
The challenger of record is held to a higher standard. In past years several yacht clubs have been able to actually enter as challengers through the mutual consent clause set forth by the defender and the challenger of record. They have been held to a lesser standard since the COR is responsible for negotiating terms and organizing the challengers regatta.
The New York Yacht Club in 1887 specifically rewrote and changed the Deed of Gift to ward off inexperienced and inept challenges for the “Auld Mug” after 2 abhorrent challenges by the Canadians that tarnished the image of the regatta. The intent of the donors was very clear then as it should be now. CNEV does not have the ability to properly organize an America’s Cup challenge, nor does it process the ability to properly negotiate terms for the multiple challengers for a protocol for the 33rd America’s Cup.
Alinghi won the America’s Cup in New Zealand in 2003. The yacht club chose Valencia, Spain to host the 2007 America’s Cup. Valencia is located on the Mediterranean Sea and is one of the world’s oldest ports. The racing must take place on the sea, or an arm of the sea.
The word alinghi was made up as a child by Bertarelli. Alinghi beat Team New Zealand 5-2 in one of the most exciting America’s Cups in history. After the series was over SNG drafted the rules for the next America’s Cup. With the help of the Spanish Sailing Federation (RNEF) they created a phantom yacht club to agree to bogus new rules and represent any challengers, who might be interested in racing for the right to face to Swiss in an America’s Cup finals in 2009.
After the new rules were announced BMW Oracle and the GGYC objected to the new protocol for the next race and submitted a challenge for the America’s Cup to the SNG. When the challenge was rejected, the GGYC filed suit in the New York Supreme Court, to invalidate the Spanish challenge. The court is bound by the Deed to arbitrate all disputes relating to the America’s Cup Trophy, which is held as a charitable trust by the State of New York.
On November 27th, 2007 the Honorable Judge Herman Cahn ruled in favor of the Golden Gate Yacht Club (GGYC) and declared them to be the true challenger of record.
In Judge Cahn’s ruling, he was very clear on CNEV’s lack of qualifications as a bona fide challenger of record. It goes beyond having not run an annual regatta, to its charged responsibility of running an America’s Cup regatta. If you haven’t even run races for cases… of beer, what would possibly qualify a club to run the biggest regatta in the world?
Prior to that, BMW Oracle submitted nine amendments to the protocol and has support of most of the other seven challengers at this point. By in large, Bertarelli’s original vision for the protocol of the 33rd America’s Cup remains intact.
There is agreement on the new 90 ft. AC boat, the defenders are allowed to sail in the regatta; the dates, venue are unchanged and other than egos, the remaining point of contention would appear to be the 2 boat issue. In spite of Alinghi’s contention, this has little to do with sour grapes on Ellison’s part and more to do that many on his team are very well versed and rehearsed on rules that regulate the America’s Cup.
In order to keep costs under control, Bertarelli wants to limit construction of the new ‘Cup class and the inherent expense escalator of 2 boat testing.
The original contest for the One Hundred Guinea Cup took place off England's Isle of Wight in 1851. The contest was won by the yacht America, against 18 British challengers. Aboard, was New York Yacht Club Commodore John Cox Stevens, who later presented the trophy to the Club in 1857.
America dominated the event to such an extent, that Queen Victoria was said to ask, "Who's in second?” In which she was told, "You’re Majesty, there is no second!" In an act of conveyance, the original members of the “America syndicate” placed the ‘Cup in a charitable trust to the State of New York as a perpetual challenger’s trophy.
The deed of gift, which is the bylaw that governs the race, was amended by the last surviving member; George Schuyler in 1887. The defense of the “Auld Mug” for the most part, takes place every few years. It has changed hands several times between America, Australia, New Zealand and now, Switzerland.
Since the legal debacle in 1988, the Deed has generally been usurped of its authoritative grip on the rules by mutual agreement provisions called the America's Cup Protocol. The protocol's enabling resolutions allow the Challenger of Record to establish the rules and regatta format to determine who will challenge the defending boat for the America's Cup.
As to SNG and GGYC, it is time to settle this like sailors, on the water. With no legal “tolling” in place, the dates of the match were set in GGYC’s challenge for July 4, 6 and if necessary July 8th , 2008. In Judge Cahn’s ruling on March 17th he was very clear in emphasizing that; “Contrary to SNG’s assertion, that parties wound up entangled in legal proceedings, which “interrupted” the 10-month period (notice given for match by challenger, GGYC), does not invalidate the Notice of Challenge.”
With no legal “tolling” (timeout) agreement in place and in spite of BMW Oracle’s own internal toll timeline of 30 days after your court ruling of November 27, 2007, when on December the 29th they announced a commitment to a Deed of Gift challenge and proclaimed race dates 10 months hence in October of 2008, nothing precludes or interrupts the fact that the challenge was set for July of 2008.
For Alinghi, it is time to realize that they still have tremendous advantages as the defender. You can be 99% certain of what type of multi-hull BMW Oracle has designed and for what conditions it was built for. Also as the Deed declares: “if of one mast”…… So, Ernesto man up and start building. To the “Ecstasy of St Theresa”, take a page from your own families’ past, when Serano’s founders took the initiative and started extracting urine from all those nuns to start what became; your business.
In the words of the Honorable Judge Sol Wachtler, who concurred with the majority in the New York Court of Appeals ruling in MBBC vs. SDYC when he wrote: “This case has little or no significance for the law, but it has caught the public eye like few cases in this court’s history. Much of the reason for this attention, apparently, is the supposition that here at stake are grand principles – sportsmanship and tradition – pitted against greed, commercialism and zealotry that threaten to vulgarize the sport. In the end, however, the outcome of the case is dictated by elemental legal principles.
In an ironic twist of fate the litigants come up against the honorable Judge Carmen Ciparick again…and we all know how she feels. She has little or no tolerance far all of this. Before this is over she will weigh in, heavily and with Chief Justice Judith Kaye pining for more dollars I can’t see where she will have much patience for the billionaire litigants, maybe she’ll revoke to charitable trust.
In 1989 Judge Ciparick disqualified the SDYC and awarded the America’s Cup to the Mercury Bay Boating Club. Ciparick ruled that the San Diego Yacht Club had “violated the spirit of the deed” when its “clear goal to was to retain the cup at all costs.”
In her ruling she wrote; “the defender of the America’s Cup is more than the current champion yacht club. The yacht club winning the America’s Cup becomes the sole trustee under the deed of gift and has an obligation there under to insure a fair competition. The holder of the America’s Cup is bound to a higher obligation than the victor of the Stanley Cup or Super Bowl. In organized sports such as hockey or football there is a central authority for the development and enforcement of competition rules. The defender of the America’s Cup, as trustee, is charged with the responsibility of insuring that a subsequent defense is carried out in accordance with the letter and spirit of the deed of gift. San Diego clearly fell short of its obligations as trustee of the deed of gift.”
It is in the spirit of that passion dream drama that vaporized, that many are now wanting for wonder, a bonus America’s Cup next summer. At this point who doesn’t want to see at least one high tech parley of tri-hulled foils ripping it out on the Mediterranean?
Sunday, August 24, 2008
Friday, August 22, 2008
USA From BMW Oracle
Photo release picture from BMW Oracle of the Golden Gate Yacht Club's Challenger for the 33rd America's Cup. Photo By Neil Rabinowitz
IT'S A TRIMARAN !!!
From BMW Oracle
New boat unveiled in Anacortes.
BMW ORACLE Racing said today it was very pleased to confirm that after nine months of intense activity its team in Anacortes is in the final stages of preparing its new 90-foot multihull yacht for sailing.
The carbon fiber trimaran emerged from under wraps at its purpose-built construction shed here for the first time today. The trimaran is the third yacht constructed for the team in this waterfront community 100 miles north of Seattle, and is an outstanding achievement by its designers and builders, the team’s CEO and skipper, Russell Coutts said.
“This is a very special boat and represents a special achievement by a hugely committed team who are among the world’s best at what they do,” Coutts said. We have learned a lot in getting to this point and now we are looking forward to testing it on the water.”
The yacht is a key element of the team’s preparation for the next America’s Cup, representing San Francisco’s Golden Gate Yacht Club (GGYC), on which a ruling is expected from the New York State Court of Appeals in the next six months.
The team partnered with Van Peteghem / Lauriot Prévost (VPLP) of France and one of the most successful skippers in multihull racing, Franck Cammas, to design the innovative trimaran.
Led by Mark Turner and Tim Smyth, the BMW ORACLE Racing construction team has worked in a purpose-built composite yacht construction facility housed in a 100-foot x 200-foot, three-story shed. Janicki Industries in nearby Sedro-Woolley provided high-tech precision tooling.
“Today, everyone is proud to have reached this milestone in the final launch preparations,” Turner said. “Our team has worked hard and we have enjoyed great local support.”
Turner said the team is delighted by the expertise available in Anacortes, which has a well developed cluster of marine infrastructure, aerospace-quality tooling and other support operations required for such a high-tech undertaking.
Bringing unique technological competence and setting new standards in the area of intelligent lightweight design, BMW has been a key partner in developing the boat. BMW aeronautical engineers, Christoph Erbelding and Thomas Hahn, have stayed with the design team since the 32nd campaign providing unique expertise in finite element analysis, which is a key tool for fulfilling EfficientDynamics requirements in the automotive industry.
Erbelding works with the rig team in Valencia and Rhode Island, while Hahn is based with the hull structures team at Anacortes; both are integral team members in ensuring the boat is as stiff and light as possible while delivering maximum performance.
The team continues the final fit-out of the boat as it prepares for some preliminary sea trials here next month.
News Story from BMW Oracle Racing
New boat unveiled in Anacortes.
BMW ORACLE Racing said today it was very pleased to confirm that after nine months of intense activity its team in Anacortes is in the final stages of preparing its new 90-foot multihull yacht for sailing.
The carbon fiber trimaran emerged from under wraps at its purpose-built construction shed here for the first time today. The trimaran is the third yacht constructed for the team in this waterfront community 100 miles north of Seattle, and is an outstanding achievement by its designers and builders, the team’s CEO and skipper, Russell Coutts said.
“This is a very special boat and represents a special achievement by a hugely committed team who are among the world’s best at what they do,” Coutts said. We have learned a lot in getting to this point and now we are looking forward to testing it on the water.”
The yacht is a key element of the team’s preparation for the next America’s Cup, representing San Francisco’s Golden Gate Yacht Club (GGYC), on which a ruling is expected from the New York State Court of Appeals in the next six months.
The team partnered with Van Peteghem / Lauriot Prévost (VPLP) of France and one of the most successful skippers in multihull racing, Franck Cammas, to design the innovative trimaran.
Led by Mark Turner and Tim Smyth, the BMW ORACLE Racing construction team has worked in a purpose-built composite yacht construction facility housed in a 100-foot x 200-foot, three-story shed. Janicki Industries in nearby Sedro-Woolley provided high-tech precision tooling.
“Today, everyone is proud to have reached this milestone in the final launch preparations,” Turner said. “Our team has worked hard and we have enjoyed great local support.”
Turner said the team is delighted by the expertise available in Anacortes, which has a well developed cluster of marine infrastructure, aerospace-quality tooling and other support operations required for such a high-tech undertaking.
Bringing unique technological competence and setting new standards in the area of intelligent lightweight design, BMW has been a key partner in developing the boat. BMW aeronautical engineers, Christoph Erbelding and Thomas Hahn, have stayed with the design team since the 32nd campaign providing unique expertise in finite element analysis, which is a key tool for fulfilling EfficientDynamics requirements in the automotive industry.
Erbelding works with the rig team in Valencia and Rhode Island, while Hahn is based with the hull structures team at Anacortes; both are integral team members in ensuring the boat is as stiff and light as possible while delivering maximum performance.
The team continues the final fit-out of the boat as it prepares for some preliminary sea trials here next month.
News Story from BMW Oracle Racing
Sunday, August 3, 2008
BMW Oracle's Day
Story from BMW Oracle Racing
Photo from Gilles Martin-Raget 2008 Courtesy BMW Oracle Racing
High Drama in Opening Day at Cowes.
Franck Cammas (FRA) and his BMW ORACLE Racing team won today's first two iShares Cowes Cup races in convincing fashion, and were second in the third. But in a day of dramatic racing in the fourth race, following a pile-up of 10 Extreme 40s at the first mark in 20-plus knots of wind, both BMW ORACLE Racing teams were forced to withdraw following a collision and a capsize.
Cammas and Co. were in contention at the first mark of the fourth race when another yacht failed to give room resulting in a collision and a forced retirement with a broken bowsprit and front beam to Cammas��� yacht. Soon after this, Team Spithill capsized on the leeward leg, breaking the rig when the top of the mast got stuck in the mud following the capsize. There were no injuries on either BMW ORACLE Racing boat.
The team was assessing the damage to both boats tonight in hopes of being race-ready tomorrow. One option is the possible availability of a substitute Extreme 40.
Despite scoring DNF ("Did Not Finish") in today's fourth race, Cammas' team stands third overall on the strength of his impressive 1-1-2 showing in the opening three races of the regatta today. Spithill's team stands eighth in the twelve-boat fleet. 18 races are scheduled, all races count (no discards), and the final race sailed counts double points.
Alinghi is leading on finishes of 2-6-3-1 on 40 points (high point scoring -- 12 points for first, 11 for second, etc., 0 for a DNF or DSQ) , Team Holmatro is second on 39 points, and BMW ORACLE Racing ��� Team Cammas third on 35 points.
Saturday, August 2, 2008
Day One, I-Shares Cup. Cowes, England
(Following report from I Shares Cup.com)
The America’s Cup teams stole the show on the first day of the iShares Cup, but with mixed fortunes in a full-on day at Skandia Cowes Week.
Franck Cammas, the offshore multihull specialist, got things off to a flying start by winning his very first iShares Cup race from America’s Cup defenders Alinghi after he got a great lift up the first mark, and took a lead which he held all the way around.
Cammas followed up to make it a double victory in race two, followed home by his BMW ORACLE Racing team mate James Spithill. Current series leaders TEAMORIGIN were right on the pace in the first race, but had a slow top mark rounding in the second, recovering well to take fifth.
Day 1, iShares Cup at Skandia Cowes Week: Team Aqua pitchpole
Tom Gruitt
In between races two and three the skies over Southampton darkened and a large squall came through the fleet, sending yachts competing in the Skandia Cowes Week spinning across the Solent as they broached. Team Aqua pitchpoled as they tried to bear away, spinning over on one hull and smashing their rig.
TEAMORIGIN came to the fore in the third race, leading BMW ORACLE Racing Cammas out into the Solent while Alinghi ducked closer to the shore — but their tactic couldn’t outwit the local TEAMORIGIN crew, who won from Franck Cammas. But Cammas’ run of luck was to come to an end in the next. After a fantastic start which saw all 11 Extreme 40s charging down the course abreast, the entire fleet arrived at the first mark with just millimetres separating the boats, and BMW ORACLE Racing crunched into the side of BT, leaving Cammas’ boat with a smashed bowsprint and crumpled front beam, and Nick Moloney’s BT boat with a gaping hole in the port side.
“The first 2 races were wonderful for us,” said Frank Cammas after his dramatic first day’s iShares Cup racing. “The third was good too – we sailed with one reef, which was safe for us but we finished second and were very happy.
“But the last… not the same! We were in the wrong position when we arrive at the top mark, and it is difficult with these boats to change direction rapidly and so we have to pass behind Alinghi but we had no room with BT, so we touched – at high speed, because there was a lot of wind. I think we were going about 20 knots.”
Day 1, iShares Cup at Skandia Cowes Week: BMW ORACLE Racing Cammas collision with BT
Sally Collison
“There was an almighty bang as BMW ORACLE smashed into our stern,’ recalls BT skipper Nick Moloney. “They exploded their pole, snapped their boat in half, spun us around and then they peeled away from us but they were completely out of control, because the boat was basically broken in half — and Shirley and JP Morgan swung to avoid them and smashed in to our stern. It was like being in a pinball machine! Two very, very big fast collisions, and big explosions of breaking carbon fibre – it was really, really loud.
But in strong winds of 20-25 knots the rest of the fleet were still racing — as they hurtled down the second run, but TEAMORIGIN was next to bury their bows in the lumpy Solent seas. Despite valiant efforts by Rob Greenhalgh and team to keep on their feet, TEAMORIGIN capsized — and were soon followed by James Spithill on the remaining BMW ORACLE Racing Extreme 40, while Alinghi stole the lead.
Extreme 40 fleet racing on day 1 at Cowes
OnEdition / OC Events
The fleet were sent ashore at the end of the fourth race, and the day’s dramatic events leave Alinghi in the overall lead, just one point ahead of Holmatro — who have had their best day of the iShares Cup series so far with a consistent set of top four results. After an exhausting day on the water many crews now have a long night ahead of them repairing damaged boats, and nursing some bumps and scrapes, although none of the sailors suffered any serious injury.
The America’s Cup teams stole the show on the first day of the iShares Cup, but with mixed fortunes in a full-on day at Skandia Cowes Week.
Franck Cammas, the offshore multihull specialist, got things off to a flying start by winning his very first iShares Cup race from America’s Cup defenders Alinghi after he got a great lift up the first mark, and took a lead which he held all the way around.
Cammas followed up to make it a double victory in race two, followed home by his BMW ORACLE Racing team mate James Spithill. Current series leaders TEAMORIGIN were right on the pace in the first race, but had a slow top mark rounding in the second, recovering well to take fifth.
Day 1, iShares Cup at Skandia Cowes Week: Team Aqua pitchpole
Tom Gruitt
In between races two and three the skies over Southampton darkened and a large squall came through the fleet, sending yachts competing in the Skandia Cowes Week spinning across the Solent as they broached. Team Aqua pitchpoled as they tried to bear away, spinning over on one hull and smashing their rig.
TEAMORIGIN came to the fore in the third race, leading BMW ORACLE Racing Cammas out into the Solent while Alinghi ducked closer to the shore — but their tactic couldn’t outwit the local TEAMORIGIN crew, who won from Franck Cammas. But Cammas’ run of luck was to come to an end in the next. After a fantastic start which saw all 11 Extreme 40s charging down the course abreast, the entire fleet arrived at the first mark with just millimetres separating the boats, and BMW ORACLE Racing crunched into the side of BT, leaving Cammas’ boat with a smashed bowsprint and crumpled front beam, and Nick Moloney’s BT boat with a gaping hole in the port side.
“The first 2 races were wonderful for us,” said Frank Cammas after his dramatic first day’s iShares Cup racing. “The third was good too – we sailed with one reef, which was safe for us but we finished second and were very happy.
“But the last… not the same! We were in the wrong position when we arrive at the top mark, and it is difficult with these boats to change direction rapidly and so we have to pass behind Alinghi but we had no room with BT, so we touched – at high speed, because there was a lot of wind. I think we were going about 20 knots.”
Day 1, iShares Cup at Skandia Cowes Week: BMW ORACLE Racing Cammas collision with BT
Sally Collison
“There was an almighty bang as BMW ORACLE smashed into our stern,’ recalls BT skipper Nick Moloney. “They exploded their pole, snapped their boat in half, spun us around and then they peeled away from us but they were completely out of control, because the boat was basically broken in half — and Shirley and JP Morgan swung to avoid them and smashed in to our stern. It was like being in a pinball machine! Two very, very big fast collisions, and big explosions of breaking carbon fibre – it was really, really loud.
But in strong winds of 20-25 knots the rest of the fleet were still racing — as they hurtled down the second run, but TEAMORIGIN was next to bury their bows in the lumpy Solent seas. Despite valiant efforts by Rob Greenhalgh and team to keep on their feet, TEAMORIGIN capsized — and were soon followed by James Spithill on the remaining BMW ORACLE Racing Extreme 40, while Alinghi stole the lead.
Extreme 40 fleet racing on day 1 at Cowes
OnEdition / OC Events
The fleet were sent ashore at the end of the fourth race, and the day’s dramatic events leave Alinghi in the overall lead, just one point ahead of Holmatro — who have had their best day of the iShares Cup series so far with a consistent set of top four results. After an exhausting day on the water many crews now have a long night ahead of them repairing damaged boats, and nursing some bumps and scrapes, although none of the sailors suffered any serious injury.
Friday, August 1, 2008
From Alinghi
BMW Oracle heads back to court to force its way as America’s Cup Challenger of Record
Sailing community disappointed by further delays in getting the race back on the water
Earlier this week the Appellate Division of the New York Supreme Court ruled in favour of the Société Nautique de Genève (SNG) declaring Club Náutico Español de Vela (CNEV) the rightful Challenger of Record for the 33rd America’s Cup and denying the Golden Gate Yacht Club (GGYC) this status.
After wasting more than a year in litigation and losing arguments, BMW Oracle has gone to court for the second time to force its strategy of eliminating numerous America’s Cup teams entered as legitimate challengers.
Brad Butterworth, team skipper of Alinghi and four-time America’s Cup winner, comments: “I’m disappointed that given the opportunity for a multi-challenger competition as a result of the Appellate Court decision, BMW Oracle has chosen to further delay the 33rd America’s Cup.”
SNG and CNEV have already made plans to organise the most competitive and spectator friendly America's Cup challenger series in history and that despite BMW Oracle’s unsuccessful year-long attempt to preclude competition and turn the America's Cup into a two team duel. BMW Oracle is now attempting to further delay and frustrate the conduct of the America's Cup by filing a frivolous, but time consuming appeal.
BMW Oracle was unable to advance to the final round of the America's Cup in the 31st and 32nd events, having been eliminated in the challenger series on each occasion. SNG and the entire sailing community is offended by BMW Oracle’s attempts to accomplish through expensive litigation initiatives what it has never been able to achieve on the water, which is to be a finalist in the America's Cup.
SNG, by contrast, won the 31st America's Cup by winning the challenger series and defeating the then Cup holder and then successfully defended the trophy in the 32nd America's Cup. SNG seeks to defend the Cup against the opponent who proves the strongest by winning the challenger series on the water. When given the opportunity for a regatta against the Defender Alinghi, BMW Oracle clearly demonstrated its intent to win through legal manoeuvering rather than accept competing fairly on the water.
Sailing community disappointed by further delays in getting the race back on the water
Earlier this week the Appellate Division of the New York Supreme Court ruled in favour of the Société Nautique de Genève (SNG) declaring Club Náutico Español de Vela (CNEV) the rightful Challenger of Record for the 33rd America’s Cup and denying the Golden Gate Yacht Club (GGYC) this status.
After wasting more than a year in litigation and losing arguments, BMW Oracle has gone to court for the second time to force its strategy of eliminating numerous America’s Cup teams entered as legitimate challengers.
Brad Butterworth, team skipper of Alinghi and four-time America’s Cup winner, comments: “I’m disappointed that given the opportunity for a multi-challenger competition as a result of the Appellate Court decision, BMW Oracle has chosen to further delay the 33rd America’s Cup.”
SNG and CNEV have already made plans to organise the most competitive and spectator friendly America's Cup challenger series in history and that despite BMW Oracle’s unsuccessful year-long attempt to preclude competition and turn the America's Cup into a two team duel. BMW Oracle is now attempting to further delay and frustrate the conduct of the America's Cup by filing a frivolous, but time consuming appeal.
BMW Oracle was unable to advance to the final round of the America's Cup in the 31st and 32nd events, having been eliminated in the challenger series on each occasion. SNG and the entire sailing community is offended by BMW Oracle’s attempts to accomplish through expensive litigation initiatives what it has never been able to achieve on the water, which is to be a finalist in the America's Cup.
SNG, by contrast, won the 31st America's Cup by winning the challenger series and defeating the then Cup holder and then successfully defended the trophy in the 32nd America's Cup. SNG seeks to defend the Cup against the opponent who proves the strongest by winning the challenger series on the water. When given the opportunity for a regatta against the Defender Alinghi, BMW Oracle clearly demonstrated its intent to win through legal manoeuvering rather than accept competing fairly on the water.
BMW Oracle and Alinghi Square Off in I Shares Cup.
I SHARES CUP THIS WEEK IN COWES
“We are going to see some really tough racing this time, but we are determined to maintain our lead,” said TEAMORIGIN’s tactician and main trimmer Pete Greenhalgh. The British America’s Cup team are currently leading the iShares Cup by just two points from Alinghi, with local girl Shirley Robertson on JPMorgan Asset Management back in third a further two points behind. The third event of the European series, at Skandia Cowes Week, begins with a practice sail today, before iShares Cup racing takes place from August 2-4.
TEAMORIGIN skipper and helmsman Rob Greenhalgh added: “I'm really looking forward to racing the Extreme 40s during Skandia Cowes Week, there's always such a buzz around the week both on and off the water and hopefully the Extreme 40s will provide some added action for the spectators (and the sailors!). Being the 'home team' as the British America's Cup Challenger against both Alinghi and BMW Oracle puts a bit of extra pressure on us, but nothing we can't handle!"
The iShares Cup even gets a touch of cool this weekend, as they are joined by Rob da Bank, the Radio 1 DJ and host of ‘Bestival’, the Isle of Wight’s summer music festival, who will take part on Saturday.
But there are plenty of sailing stars in the fleet as well, as the third event of the circuit has yet another high-calibre entry list, with 11 Extreme 40s including three America’s Cup teams — and two new boats from BMW ORACLE Racing — plus a clutch of Olympic medallists, round the world record-breakers and world champions.
“For me it’s the best calibre of sailors that I’ve had the chance to sail against for a long, long time,” said Nick Moloney, skipper of BT. “I love to sail with the best, it always pushes you to do the best for yourself and your team. I’ve always said in any event you have to have great competition to really cherish the result!”
“It’s pretty daunting with the America’s Cup teams, when you look at the guys sailing, “ admitted Pete Cumming, skipper of Oman Sail, “But even the Cup teams are quite new to the boats — apart from TEAMORIGIN of course — and we’re looking forward to getting mixed up with them. We’ve got a really good team with Chris [Draper] being an Olympic medallist, so we’re ultra-confident in our helm and we’ve spent a lot of time working on our crew work. It can be a little bit daunting but we’re going to take it on and we’re still looking to be right up there.”
For today’s first exhibition race the iShares Cup fleet will start from the famous Royal Yacht Squadron, before heading towards the Champagne GH Mumm racing mark in the western Solent — the first boat to pass the mark collects at bottle of GH Mumm’s finest — then up towards the mainland shore for some windward-leeward practice races.
Then from Saturday until Monday the iShares Cup races will be held on short courses between Lepe Spit and Calshot Spit, with good sailing winds predicted of at least 15 knots. “Looking at what’s coming in we’ve got breeze from the south-west direction, depending on cloud cover,” said Race Director Alan Hillman. On hot days Cowes often enjoys an added bonus of a sea breeze effect — which builds the wind even further. “If we get any sun, it’s going too hoon! The sea breeze will fuel it, and I think it could be windy.”
“The boat-handling will sort the men from the boys then!” commented Pete Cumming, who was feeling confident at the prospect of some big breeze sailing on board Oman Sail, “We’ve got Freddie [David Carr] up front and you don’t get a much bigger engine than that, so we’re looking forward to it!”
Although the Solent is renowned for its strong currents, racing over such a small area will limit the tidal impact for the Extreme 40s. “Where we’re racing basically to get out of the tide they’d have to either hit the beach, or get out into the main shipping channels, so I don’t think tide’s going to be a huge factor,” explained Alan. But the sea venue may well bring some waves for the iShares Cup teams to contend with, “I think the main local knowledge will be having sailed in the Solent chop, and knowing how short and steep it is.”
BMW ORACLE Racing skipper James Spithill commented, “Certainly the area is renowned for its tide but the good thing with these boats is that hopefully we’ll get some breeze and then it shouldn’t be too much of a factor — and it’s the same for everyone, but we’ll see!”
Six races a day are scheduled, between 14.00-17.00, with practice sailing in the morning.
From I Shares Cup.com
“We are going to see some really tough racing this time, but we are determined to maintain our lead,” said TEAMORIGIN’s tactician and main trimmer Pete Greenhalgh. The British America’s Cup team are currently leading the iShares Cup by just two points from Alinghi, with local girl Shirley Robertson on JPMorgan Asset Management back in third a further two points behind. The third event of the European series, at Skandia Cowes Week, begins with a practice sail today, before iShares Cup racing takes place from August 2-4.
TEAMORIGIN skipper and helmsman Rob Greenhalgh added: “I'm really looking forward to racing the Extreme 40s during Skandia Cowes Week, there's always such a buzz around the week both on and off the water and hopefully the Extreme 40s will provide some added action for the spectators (and the sailors!). Being the 'home team' as the British America's Cup Challenger against both Alinghi and BMW Oracle puts a bit of extra pressure on us, but nothing we can't handle!"
The iShares Cup even gets a touch of cool this weekend, as they are joined by Rob da Bank, the Radio 1 DJ and host of ‘Bestival’, the Isle of Wight’s summer music festival, who will take part on Saturday.
But there are plenty of sailing stars in the fleet as well, as the third event of the circuit has yet another high-calibre entry list, with 11 Extreme 40s including three America’s Cup teams — and two new boats from BMW ORACLE Racing — plus a clutch of Olympic medallists, round the world record-breakers and world champions.
“For me it’s the best calibre of sailors that I’ve had the chance to sail against for a long, long time,” said Nick Moloney, skipper of BT. “I love to sail with the best, it always pushes you to do the best for yourself and your team. I’ve always said in any event you have to have great competition to really cherish the result!”
“It’s pretty daunting with the America’s Cup teams, when you look at the guys sailing, “ admitted Pete Cumming, skipper of Oman Sail, “But even the Cup teams are quite new to the boats — apart from TEAMORIGIN of course — and we’re looking forward to getting mixed up with them. We’ve got a really good team with Chris [Draper] being an Olympic medallist, so we’re ultra-confident in our helm and we’ve spent a lot of time working on our crew work. It can be a little bit daunting but we’re going to take it on and we’re still looking to be right up there.”
For today’s first exhibition race the iShares Cup fleet will start from the famous Royal Yacht Squadron, before heading towards the Champagne GH Mumm racing mark in the western Solent — the first boat to pass the mark collects at bottle of GH Mumm’s finest — then up towards the mainland shore for some windward-leeward practice races.
Then from Saturday until Monday the iShares Cup races will be held on short courses between Lepe Spit and Calshot Spit, with good sailing winds predicted of at least 15 knots. “Looking at what’s coming in we’ve got breeze from the south-west direction, depending on cloud cover,” said Race Director Alan Hillman. On hot days Cowes often enjoys an added bonus of a sea breeze effect — which builds the wind even further. “If we get any sun, it’s going too hoon! The sea breeze will fuel it, and I think it could be windy.”
“The boat-handling will sort the men from the boys then!” commented Pete Cumming, who was feeling confident at the prospect of some big breeze sailing on board Oman Sail, “We’ve got Freddie [David Carr] up front and you don’t get a much bigger engine than that, so we’re looking forward to it!”
Although the Solent is renowned for its strong currents, racing over such a small area will limit the tidal impact for the Extreme 40s. “Where we’re racing basically to get out of the tide they’d have to either hit the beach, or get out into the main shipping channels, so I don’t think tide’s going to be a huge factor,” explained Alan. But the sea venue may well bring some waves for the iShares Cup teams to contend with, “I think the main local knowledge will be having sailed in the Solent chop, and knowing how short and steep it is.”
BMW ORACLE Racing skipper James Spithill commented, “Certainly the area is renowned for its tide but the good thing with these boats is that hopefully we’ll get some breeze and then it shouldn’t be too much of a factor — and it’s the same for everyone, but we’ll see!”
Six races a day are scheduled, between 14.00-17.00, with practice sailing in the morning.
From I Shares Cup.com
BMW ORACLE APPEALS!
Valencia, Spain, 1 August 2008: The Golden Gate Yacht Club (GGYC) said today it has lodged an appeal against this week’s decision of the Appellate Division of the New York State Supreme Court.
“We believe the Challenger of Record has to be a real yacht club. It cannot be something that is manufactured with a defender to set up a one-sided event. This decision would set an absurd precedent,” Tom Ehman, the club’s spokesman said.
“We believe we have an excellent case for winning on appeal.”
Because it was a split decision among five judges the club has an automatic right of appeal.
Ehman said the club looked forward to obtaining a result that will end any further legal dispute.
“We believe the Challenger of Record has to be a real yacht club. It cannot be something that is manufactured with a defender to set up a one-sided event. This decision would set an absurd precedent,” Tom Ehman, the club’s spokesman said.
“We believe we have an excellent case for winning on appeal.”
Because it was a split decision among five judges the club has an automatic right of appeal.
Ehman said the club looked forward to obtaining a result that will end any further legal dispute.
I'm "having" a Conniption!
I’m “having” a Conniption!
Shock, surprise, bewilderment, in the face of the New York Appellant Court’s 1st Department’s (NYAC) ruling of July 29th we are left with a proverbial; “huh”? The world of the America’s Cup has been turned upside down again, because of a narrow parochial interpretation of what “having” means. Does it mean will have, or is it possessive, to own?
In the context of the sentence that it appears in, in the Deed of Gift; my grammar knowledge is about as good as Judge Leland Degrasse, who spoke for the narrow majority. All are new to the Appellant bench this year, more on that later. At some point it would have been nice if the court had at some point, considered the intent of the donors.
The Appellant Court ruled in a split decision (3-2) that the Club Nautico Espanol de Vela (CNEV) is again the challenger of record for the 33rd America’s Cup. In a ruling that has surprised everyone; most of all Team Alinghi, the Golden Gate Yacht Club has been displaced as the challenger of record and faces the prospect of either appealing to the New York Court of Appeals or facing the possibility of being barred from the next America’s Cup.
After more than a year of protracted litigation between Alinghi, representing the Societe Nautique de Geneva and BMW Oracle from the Golden Gate Yacht Club, the adversaries find themselves back to square one. This, after what was thought to be a final rubber stamp by the Appellant Court on the squabble over the dates for the 33rd America’s Cup next year.
The paragraph in question reads like this: "Any organized Yacht Club of a foreign country, incorporated, patented, or licensed by the legislature, admiralty, or other executive department, having for its annual regatta an ocean water course on the sea, or on an arm of the sea, or one which combines both, shall always be entitled to the right of sailing a match of this Cup, with a yacht or vessel propelled by sails only and constructed in the country to which the Challenging Club belongs, against any one yacht or vessel constructed in the country of the Club holding the Cup.”
The (GGYC) stated “it will carefully consider the implications of today’s ruling, before deciding on its next step.” “We are surprised and disappointed by this ruling. We will now be taking legal advice and considering the next step,” Tom Ehman, the club’s spokesman, said.
Ernesto Bertarelli, Alinghi president, comments: “We are delighted with this result; we can now continue with our vision of a multi-challenger event. The court’s decision validates our actions and enables us to put the America's Cup back on the water.”
Lucien Masmejan, SNG lead counsel, comments: “After a year of litigation interference by the GGYC, we are extremely pleased that the Appellate Division has found its challenges to SNG's conduct of the 33rd America's Cup baseless.”
“The GGYC’s actions have wasted a lot of time, effort and resources over the past year and we hope that it does not appeal. We must now evaluate whether adjustments have to be made due to the time consumed by its improper litigation initiatives.”
“The decision of the Appellate Division reads: “...the orders of the Supreme Court, New York County (Herman Cahn, J.), entered March 18, 2008 and May 13, 2008, which, inter alia, declared CNEV's challenge invalid and GGYC the Challenger of Record under the Deed of Gift, should be reversed, on the law, with costs, CNEV declared the Challenger of Record, and, in keeping with the Deed of Gift's requirement that the defender be given at least 10 months' written notice to prepare for the challenge, the 10-month notice period should be tolled until service of a copy of this order.”
So here we are with an apocalyptical nightmare America’s Cup scenario that appears to be deadlocked in an insurmountable ego driven bypass.
On one hand, there is Alinghi President Ernesto Bertarelli, whose team defended the America’s Cup last summer for SNG and who is trying to force his vision forward by usurping, for the most part, the mutual consent provision of a new protocol for the 33rd running of the world’s most prestigious yacht race.
On the other hand is Larry Ellison, the founder and chairman of Oracle. His racing team BMW Oracle had perhaps the fastest AC Class Version 5 boat in Valencia, Spain, but was virtually swept away in five of 6 races against Luna Rosa from Italy. Ellison’s team was the Challenger of Record, until they were eliminated. They lost 5-1 to Alinghi in 2003.
In an extraordinary set of circumstances the New York Court System is playing out like a bad episode of “Judge Judy”. Consider that three of the five judges on this Appellant Court are recent appointments. Judges Karla Moskowitz and Rolando Acosta were appointed by then Governor Eliott Spitzer, before his resignation for his indiscretion with in Washington DC with a high priced prostitute.
Leland DeGrasse was appointed in April, 2008 by now Governor David Paterson, who admitted his own marital infidelities. New York Court of Appeals Chief Justice Judith Kay,turns 70 on August 4th (Happy Birthday) which means mandatory retirement in the state, so this his her last term. She is also currently suing the State of New York for higher judicial pay!
What was interesting and now ironic is that the resolute, courageous Judge DeGrasse who endeavored over New York’s landmark educational reform lawsuit now has; low and behold the same firm in front of him representing Alinghi.
In the Fiscal Equity vs. the State of New York lawsuit, the plaintiffs were represented pro bono by Simpson Thacher, noble efforts aside. For DeGrasse, whose seat on the Appellant bench had warmed up to the tune of 6 short weeks, it would be tough to overlook the millions of dollars of “gratas” work by Simpson Thacher, in what is ultimately a charitable trust case involving the people of the State of New York.
This weekend the two ‘Cup powerhouses fight it out on the water in Cowes, England in the I-Shares Cup on Formula 40 catamarans. Both teams have spent the summer training on multihulls in preparation for the 33rd America’s Cup. Europe, not the United States, has become the center of the America’s Cup universe.
This summer, If your not training on cats, you’re on ‘monos in the Swedish Match Racing Tour or Med 52’s pounding it out in Italy or France. Other than distance races or small boats, America has fallen off the radar on the uber competitive match racing circuit. Unfortunately in all respects we have fallen victim to a domino effect “NASCAR Nation” ethos.
In an added twist the appeal was made by the defender in an effort to restore the challenger’s rights. CNEV didn’t even appeal after losing in court last November.
Currently, CNEV is without a team as Desafío Español terminated its relationship with the "paper" club and is now represented by the Real Club Maritimo del Abra,in Bilbao,in northern Spain. Also, Spain is now represented by another challenge; Reial Club Marítim de Barcelona and Real Club Náutico de Madrid, who have combined forces to form the Decision Challenge.
After Alinghi defended the ‘Cup in seven exciting races in probably the best America’s Cup ever, they brought in a challenger of record (COR)from Spain to sign off on Bertarelli’s vision for the next America’s Cup. Unfortunately, the new club had not fulfilled its minimum obligations to qualify as pro bono COR.
According to the strict terms of the Deed of Gift, which governs the rules, by which the America’s Cup can be challenged for the COR has had to have conducted an annual regatta and had to have been an established yacht club from a proprietary standpoint. This differs from merely being able to challenge for the ‘Cup.
The challenger of record is held to a higher standard. In past years several yacht clubs have been able to actually enter as challengers through the mutual consent clause set forth by the defender and the challenger of record. They have been held to a lesser standard since the COR is responsible for negotiating terms and organizing the challengers regatta.
The New York Yacht Club in 1887 specifically rewrote and changed the Deed of Gift to ward off inexperienced and inept challenges for the “Auld Mug” after 2 abhorrent challenges by the Canadians that tarnished the image of the regatta. The intent of the donors was very clear then as it should be now. CNEV does not have the ability to properly organize an America’s Cup challenge, nor does it process the ability to properly negotiate terms for the multiple challengers for a protocol for the 33rd America’s Cup.
Alinghi won the America’s Cup in New Zealand in 2003. The yacht club chose Valencia, Spain to host the 2007 America’s Cup. Valencia is located on the Mediterranean Sea and is one of the world’s oldest ports. The racing must take place on the sea, or an arm of the sea.
The word alinghi was made up as a child by Bertarelli. Alinghi beat Team New Zealand 5-2 in one of the most exciting America’s Cups in history. After the series was over SNG drafted the rules for the next America’s Cup. With the help of the Spanish Sailing Federation (RNEF) they created a phantom yacht club to agree to bogus new rules and represent any challengers, who might be interested in racing for the right to face to Swiss in an America’s Cup finals in 2009.
After the new rules were announced BMW Oracle and the GGYC objected to the new protocol for the next race and submitted a challenge for the America’s Cup to the SNG. When the challenge was rejected, the GGYC filed suit in the New York Supreme Court, to invalidate the Spanish challenge. The court is bound by the Deed to arbitrate all disputes relating to the America’s Cup Trophy, which is held as a charitable trust by the State of New York.
On November 27th, 2007 the Honorable Judge Herman Cahn ruled in favor of the Golden Gate Yacht Club (GGYC) and declared them to be the true challenger of record.
In Judge Cahn’s ruling, he was very clear on CNEV’s lack of qualifications as a bona fide challenger of record. It goes beyond having not run an annual regatta, to its charged responsibility of running an America’s Cup regatta. If you haven’t even run races for cases… of beer, what would possibly qualify a club to run the biggest regatta in the world?
Prior to that, BMW Oracle submitted nine amendments to the protocol and has support of most of the other seven challengers at this point. By in large, Bertarelli’s original vision for the protocol of the 33rd America’s Cup remains intact.
There is agreement on the new 90 ft. AC boat, the defenders are allowed to sail in the regatta; the dates, venue are unchanged and other than egos, the remaining point of contention would appear to be the 2 boat issue. In spite of Alinghi’s contention, this has little to do with sour grapes on Ellison’s part and more to do that many on his team are very well versed and rehearsed on rules that regulate the America’s Cup.
In order to keep costs under control, Bertarelli wants to limit construction of the new ‘Cup class and the inherent expense escalator of 2 boat testing.
The original contest for the One Hundred Guinea Cup took place off England's Isle of Wight in 1851. The contest was won by the yacht America, against 18 British challengers. Aboard, was New York Yacht Club Commodore John Cox Stevens, who later presented the trophy to the Club in 1857.
America dominated the event to such an extent, that Queen Victoria was said to ask, "Who's in second?” In which she was told, "You’re Majesty, there is no second!" In an act of conveyance, the original members of the “America syndicate” placed the ‘Cup in a charitable trust to the State of New York as a perpetual challenger’s trophy.
The deed of gift, which is the bylaw that governs the race, was amended by the last surviving member; George Schuyler in 1887. The defense of the “Auld Mug” for the most part, takes place every few years. It has changed hands several times between America, Australia, New Zealand and now, Switzerland.
Since the legal debacle in 1988, the Deed has generally been usurped of its authoritative grip on the rules by mutual agreement provisions called the America's Cup Protocol. The protocol's enabling resolutions allow the Challenger of Record to establish the rules and regatta format to determine who will challenge the defending boat for the America's Cup.
As to SNG and GGYC, it is time to settle this like sailors, on the water. With no legal “tolling” in place, the dates of the match were set in GGYC’s challenge for July 4, 6 and if necessary July 8th , 2008. In Judge Cahn’s ruling on March 17th he was very clear in emphasizing that; “Contrary to SNG’s assertion, that parties wound up entangled in legal proceedings, which “interrupted” the 10-month period (notice given for match by challenger, GGYC), does not invalidate the Notice of Challenge.”
With no legal “tolling” (timeout) agreement in place and in spite of BMW Oracle’s own internal toll timeline of 30 days after your court ruling of November 27, 2007, when on December the 29th they announced a commitment to a Deed of Gift challenge and proclaimed race dates 10 months hence in October of 2008, nothing precludes or interrupts the fact that the challenge was set for July of 2008.
For Alinghi, it is time to realize that they still have tremendous advantages as the defender. You can be 99% certain of what type of multi-hull BMW Oracle has designed and for what conditions it was built for. Also as the Deed declares: “if of one mast”…… So, Ernesto man up and start building. To the “Ecstasy of St Theresa”, take a page from your own families’ past, when Serano’s founders took the initiative and started extracting urine from all those nuns to start what became; your business.
In the words of the Honorable Judge Sol Wachtler, who concurred with the majority in the New York Court of Appeals ruling in MBBC vs. SDYC when he wrote: “This case has little or no significance for the law, but it has caught the public eye like few cases in this court’s history. Much of the reason for this attention, apparently, is the supposition that here at stake are grand principles – sportsmanship and tradition – pitted against greed, commercialism and zealotry that threaten to vulgarize the sport. In the end, however, the outcome of the case is dictated by elemental legal principles.
In an ironic twist of fate the litigants come up against the honorable Judge Carmen Ciparick again…and we all know how she feels. She has little or no tolerance far all of this. Before this is over she will weigh in, heavily and with Chief Justice Judith Kaye pining for more dollars I can’t see where she will have much patience for the billionaire litigants, maybe she’ll revoke to charitable trust.
In 1989 Judge Ciparick disqualified the SDYC and awarded the America’s Cup to the Mercury Bay Boating Club. Ciparick ruled that the San Diego Yacht Club had “violated the spirit of the deed” when its “clear goal to was to retain the cup at all costs.”
In her ruling she wrote; “the defender of the America’s Cup is more than the current champion yacht club. The yacht club winning the America’s Cup becomes the sole trustee under the deed of gift and has an obligation there under to insure a fair competition. The holder of the America’s Cup is bound to a higher obligation than the victor of the Stanley Cup or Super Bowl. In organized sports such as hockey or football there is a central authority for the development and enforcement of competition rules. The defender of the America’s Cup, as trustee, is charged with the responsibility of insuring that a subsequent defense is carried out in accordance with the letter and spirit of the deed of gift. San Diego clearly fell short of its obligations as trustee of the deed of gift.”
It is in the spirit of that passion dream drama that vaporized, that many are now wanting for wonder, a bonus America’s Cup next summer. At this point who doesn’t want to see at least one high tech parley of tri-hulled foils ripping it out on the Mediterranean?
The Trophy
The America’s Cup trophy is a very ornate hollow silver gilt ewer that has been layered over the years to include recent winners and defenders of yachting most prestigious event. It was originally 27 inches in height, 36 inches around in its circumference and weighed in at 134 ounces. It was originally called the Royal Yacht Squadron Hundred Guineas Cup.
The ‘Cup was forged in Britain in 1848 during the Age of Queen Victoria by the prestigious Garrard Company. Some of the original syndicate members suggested melting down the trophy to create silver medals.
Legend has it that a butler retrieved it from the trash during a move before it finally landed back at the New York Yacht Club’s downtown Manhattan clubhouse for its rightful place in its trophy room. Tiffany’s removed its bottom in the 1880’s so the trophy could be secured in its case.
The NYYC lost the America’s Cup in 1983 to the Royal Perth Yacht Club and the trophy has changed hands several times over the last 25 years. After surviving a severe sledgehammer bashing by an indigenous Maori protestor in New Zealand a decade ago, it was returned to the capable hands of the silversmiths at Garrard’s who repaired the trophy free of charge.
Getting out on the town after all that time locked down in a bank vault, the “Auld Mug” has spent the last few years with a bit of a party glow as it is parading about Europe and around the world in an effort to bring the event into the 21st century.
The America’s Cup now resides in Geneva, Switzerland at the Societe’ Nautique de Geneva where it awaits it fate in the New York Courts System.
.
Shock, surprise, bewilderment, in the face of the New York Appellant Court’s 1st Department’s (NYAC) ruling of July 29th we are left with a proverbial; “huh”? The world of the America’s Cup has been turned upside down again, because of a narrow parochial interpretation of what “having” means. Does it mean will have, or is it possessive, to own?
In the context of the sentence that it appears in, in the Deed of Gift; my grammar knowledge is about as good as Judge Leland Degrasse, who spoke for the narrow majority. All are new to the Appellant bench this year, more on that later. At some point it would have been nice if the court had at some point, considered the intent of the donors.
The Appellant Court ruled in a split decision (3-2) that the Club Nautico Espanol de Vela (CNEV) is again the challenger of record for the 33rd America’s Cup. In a ruling that has surprised everyone; most of all Team Alinghi, the Golden Gate Yacht Club has been displaced as the challenger of record and faces the prospect of either appealing to the New York Court of Appeals or facing the possibility of being barred from the next America’s Cup.
After more than a year of protracted litigation between Alinghi, representing the Societe Nautique de Geneva and BMW Oracle from the Golden Gate Yacht Club, the adversaries find themselves back to square one. This, after what was thought to be a final rubber stamp by the Appellant Court on the squabble over the dates for the 33rd America’s Cup next year.
The paragraph in question reads like this: "Any organized Yacht Club of a foreign country, incorporated, patented, or licensed by the legislature, admiralty, or other executive department, having for its annual regatta an ocean water course on the sea, or on an arm of the sea, or one which combines both, shall always be entitled to the right of sailing a match of this Cup, with a yacht or vessel propelled by sails only and constructed in the country to which the Challenging Club belongs, against any one yacht or vessel constructed in the country of the Club holding the Cup.”
The (GGYC) stated “it will carefully consider the implications of today’s ruling, before deciding on its next step.” “We are surprised and disappointed by this ruling. We will now be taking legal advice and considering the next step,” Tom Ehman, the club’s spokesman, said.
Ernesto Bertarelli, Alinghi president, comments: “We are delighted with this result; we can now continue with our vision of a multi-challenger event. The court’s decision validates our actions and enables us to put the America's Cup back on the water.”
Lucien Masmejan, SNG lead counsel, comments: “After a year of litigation interference by the GGYC, we are extremely pleased that the Appellate Division has found its challenges to SNG's conduct of the 33rd America's Cup baseless.”
“The GGYC’s actions have wasted a lot of time, effort and resources over the past year and we hope that it does not appeal. We must now evaluate whether adjustments have to be made due to the time consumed by its improper litigation initiatives.”
“The decision of the Appellate Division reads: “...the orders of the Supreme Court, New York County (Herman Cahn, J.), entered March 18, 2008 and May 13, 2008, which, inter alia, declared CNEV's challenge invalid and GGYC the Challenger of Record under the Deed of Gift, should be reversed, on the law, with costs, CNEV declared the Challenger of Record, and, in keeping with the Deed of Gift's requirement that the defender be given at least 10 months' written notice to prepare for the challenge, the 10-month notice period should be tolled until service of a copy of this order.”
So here we are with an apocalyptical nightmare America’s Cup scenario that appears to be deadlocked in an insurmountable ego driven bypass.
On one hand, there is Alinghi President Ernesto Bertarelli, whose team defended the America’s Cup last summer for SNG and who is trying to force his vision forward by usurping, for the most part, the mutual consent provision of a new protocol for the 33rd running of the world’s most prestigious yacht race.
On the other hand is Larry Ellison, the founder and chairman of Oracle. His racing team BMW Oracle had perhaps the fastest AC Class Version 5 boat in Valencia, Spain, but was virtually swept away in five of 6 races against Luna Rosa from Italy. Ellison’s team was the Challenger of Record, until they were eliminated. They lost 5-1 to Alinghi in 2003.
In an extraordinary set of circumstances the New York Court System is playing out like a bad episode of “Judge Judy”. Consider that three of the five judges on this Appellant Court are recent appointments. Judges Karla Moskowitz and Rolando Acosta were appointed by then Governor Eliott Spitzer, before his resignation for his indiscretion with in Washington DC with a high priced prostitute.
Leland DeGrasse was appointed in April, 2008 by now Governor David Paterson, who admitted his own marital infidelities. New York Court of Appeals Chief Justice Judith Kay,turns 70 on August 4th (Happy Birthday) which means mandatory retirement in the state, so this his her last term. She is also currently suing the State of New York for higher judicial pay!
What was interesting and now ironic is that the resolute, courageous Judge DeGrasse who endeavored over New York’s landmark educational reform lawsuit now has; low and behold the same firm in front of him representing Alinghi.
In the Fiscal Equity vs. the State of New York lawsuit, the plaintiffs were represented pro bono by Simpson Thacher, noble efforts aside. For DeGrasse, whose seat on the Appellant bench had warmed up to the tune of 6 short weeks, it would be tough to overlook the millions of dollars of “gratas” work by Simpson Thacher, in what is ultimately a charitable trust case involving the people of the State of New York.
This weekend the two ‘Cup powerhouses fight it out on the water in Cowes, England in the I-Shares Cup on Formula 40 catamarans. Both teams have spent the summer training on multihulls in preparation for the 33rd America’s Cup. Europe, not the United States, has become the center of the America’s Cup universe.
This summer, If your not training on cats, you’re on ‘monos in the Swedish Match Racing Tour or Med 52’s pounding it out in Italy or France. Other than distance races or small boats, America has fallen off the radar on the uber competitive match racing circuit. Unfortunately in all respects we have fallen victim to a domino effect “NASCAR Nation” ethos.
In an added twist the appeal was made by the defender in an effort to restore the challenger’s rights. CNEV didn’t even appeal after losing in court last November.
Currently, CNEV is without a team as Desafío Español terminated its relationship with the "paper" club and is now represented by the Real Club Maritimo del Abra,in Bilbao,in northern Spain. Also, Spain is now represented by another challenge; Reial Club Marítim de Barcelona and Real Club Náutico de Madrid, who have combined forces to form the Decision Challenge.
After Alinghi defended the ‘Cup in seven exciting races in probably the best America’s Cup ever, they brought in a challenger of record (COR)from Spain to sign off on Bertarelli’s vision for the next America’s Cup. Unfortunately, the new club had not fulfilled its minimum obligations to qualify as pro bono COR.
According to the strict terms of the Deed of Gift, which governs the rules, by which the America’s Cup can be challenged for the COR has had to have conducted an annual regatta and had to have been an established yacht club from a proprietary standpoint. This differs from merely being able to challenge for the ‘Cup.
The challenger of record is held to a higher standard. In past years several yacht clubs have been able to actually enter as challengers through the mutual consent clause set forth by the defender and the challenger of record. They have been held to a lesser standard since the COR is responsible for negotiating terms and organizing the challengers regatta.
The New York Yacht Club in 1887 specifically rewrote and changed the Deed of Gift to ward off inexperienced and inept challenges for the “Auld Mug” after 2 abhorrent challenges by the Canadians that tarnished the image of the regatta. The intent of the donors was very clear then as it should be now. CNEV does not have the ability to properly organize an America’s Cup challenge, nor does it process the ability to properly negotiate terms for the multiple challengers for a protocol for the 33rd America’s Cup.
Alinghi won the America’s Cup in New Zealand in 2003. The yacht club chose Valencia, Spain to host the 2007 America’s Cup. Valencia is located on the Mediterranean Sea and is one of the world’s oldest ports. The racing must take place on the sea, or an arm of the sea.
The word alinghi was made up as a child by Bertarelli. Alinghi beat Team New Zealand 5-2 in one of the most exciting America’s Cups in history. After the series was over SNG drafted the rules for the next America’s Cup. With the help of the Spanish Sailing Federation (RNEF) they created a phantom yacht club to agree to bogus new rules and represent any challengers, who might be interested in racing for the right to face to Swiss in an America’s Cup finals in 2009.
After the new rules were announced BMW Oracle and the GGYC objected to the new protocol for the next race and submitted a challenge for the America’s Cup to the SNG. When the challenge was rejected, the GGYC filed suit in the New York Supreme Court, to invalidate the Spanish challenge. The court is bound by the Deed to arbitrate all disputes relating to the America’s Cup Trophy, which is held as a charitable trust by the State of New York.
On November 27th, 2007 the Honorable Judge Herman Cahn ruled in favor of the Golden Gate Yacht Club (GGYC) and declared them to be the true challenger of record.
In Judge Cahn’s ruling, he was very clear on CNEV’s lack of qualifications as a bona fide challenger of record. It goes beyond having not run an annual regatta, to its charged responsibility of running an America’s Cup regatta. If you haven’t even run races for cases… of beer, what would possibly qualify a club to run the biggest regatta in the world?
Prior to that, BMW Oracle submitted nine amendments to the protocol and has support of most of the other seven challengers at this point. By in large, Bertarelli’s original vision for the protocol of the 33rd America’s Cup remains intact.
There is agreement on the new 90 ft. AC boat, the defenders are allowed to sail in the regatta; the dates, venue are unchanged and other than egos, the remaining point of contention would appear to be the 2 boat issue. In spite of Alinghi’s contention, this has little to do with sour grapes on Ellison’s part and more to do that many on his team are very well versed and rehearsed on rules that regulate the America’s Cup.
In order to keep costs under control, Bertarelli wants to limit construction of the new ‘Cup class and the inherent expense escalator of 2 boat testing.
The original contest for the One Hundred Guinea Cup took place off England's Isle of Wight in 1851. The contest was won by the yacht America, against 18 British challengers. Aboard, was New York Yacht Club Commodore John Cox Stevens, who later presented the trophy to the Club in 1857.
America dominated the event to such an extent, that Queen Victoria was said to ask, "Who's in second?” In which she was told, "You’re Majesty, there is no second!" In an act of conveyance, the original members of the “America syndicate” placed the ‘Cup in a charitable trust to the State of New York as a perpetual challenger’s trophy.
The deed of gift, which is the bylaw that governs the race, was amended by the last surviving member; George Schuyler in 1887. The defense of the “Auld Mug” for the most part, takes place every few years. It has changed hands several times between America, Australia, New Zealand and now, Switzerland.
Since the legal debacle in 1988, the Deed has generally been usurped of its authoritative grip on the rules by mutual agreement provisions called the America's Cup Protocol. The protocol's enabling resolutions allow the Challenger of Record to establish the rules and regatta format to determine who will challenge the defending boat for the America's Cup.
As to SNG and GGYC, it is time to settle this like sailors, on the water. With no legal “tolling” in place, the dates of the match were set in GGYC’s challenge for July 4, 6 and if necessary July 8th , 2008. In Judge Cahn’s ruling on March 17th he was very clear in emphasizing that; “Contrary to SNG’s assertion, that parties wound up entangled in legal proceedings, which “interrupted” the 10-month period (notice given for match by challenger, GGYC), does not invalidate the Notice of Challenge.”
With no legal “tolling” (timeout) agreement in place and in spite of BMW Oracle’s own internal toll timeline of 30 days after your court ruling of November 27, 2007, when on December the 29th they announced a commitment to a Deed of Gift challenge and proclaimed race dates 10 months hence in October of 2008, nothing precludes or interrupts the fact that the challenge was set for July of 2008.
For Alinghi, it is time to realize that they still have tremendous advantages as the defender. You can be 99% certain of what type of multi-hull BMW Oracle has designed and for what conditions it was built for. Also as the Deed declares: “if of one mast”…… So, Ernesto man up and start building. To the “Ecstasy of St Theresa”, take a page from your own families’ past, when Serano’s founders took the initiative and started extracting urine from all those nuns to start what became; your business.
In the words of the Honorable Judge Sol Wachtler, who concurred with the majority in the New York Court of Appeals ruling in MBBC vs. SDYC when he wrote: “This case has little or no significance for the law, but it has caught the public eye like few cases in this court’s history. Much of the reason for this attention, apparently, is the supposition that here at stake are grand principles – sportsmanship and tradition – pitted against greed, commercialism and zealotry that threaten to vulgarize the sport. In the end, however, the outcome of the case is dictated by elemental legal principles.
In an ironic twist of fate the litigants come up against the honorable Judge Carmen Ciparick again…and we all know how she feels. She has little or no tolerance far all of this. Before this is over she will weigh in, heavily and with Chief Justice Judith Kaye pining for more dollars I can’t see where she will have much patience for the billionaire litigants, maybe she’ll revoke to charitable trust.
In 1989 Judge Ciparick disqualified the SDYC and awarded the America’s Cup to the Mercury Bay Boating Club. Ciparick ruled that the San Diego Yacht Club had “violated the spirit of the deed” when its “clear goal to was to retain the cup at all costs.”
In her ruling she wrote; “the defender of the America’s Cup is more than the current champion yacht club. The yacht club winning the America’s Cup becomes the sole trustee under the deed of gift and has an obligation there under to insure a fair competition. The holder of the America’s Cup is bound to a higher obligation than the victor of the Stanley Cup or Super Bowl. In organized sports such as hockey or football there is a central authority for the development and enforcement of competition rules. The defender of the America’s Cup, as trustee, is charged with the responsibility of insuring that a subsequent defense is carried out in accordance with the letter and spirit of the deed of gift. San Diego clearly fell short of its obligations as trustee of the deed of gift.”
It is in the spirit of that passion dream drama that vaporized, that many are now wanting for wonder, a bonus America’s Cup next summer. At this point who doesn’t want to see at least one high tech parley of tri-hulled foils ripping it out on the Mediterranean?
The Trophy
The America’s Cup trophy is a very ornate hollow silver gilt ewer that has been layered over the years to include recent winners and defenders of yachting most prestigious event. It was originally 27 inches in height, 36 inches around in its circumference and weighed in at 134 ounces. It was originally called the Royal Yacht Squadron Hundred Guineas Cup.
The ‘Cup was forged in Britain in 1848 during the Age of Queen Victoria by the prestigious Garrard Company. Some of the original syndicate members suggested melting down the trophy to create silver medals.
Legend has it that a butler retrieved it from the trash during a move before it finally landed back at the New York Yacht Club’s downtown Manhattan clubhouse for its rightful place in its trophy room. Tiffany’s removed its bottom in the 1880’s so the trophy could be secured in its case.
The NYYC lost the America’s Cup in 1983 to the Royal Perth Yacht Club and the trophy has changed hands several times over the last 25 years. After surviving a severe sledgehammer bashing by an indigenous Maori protestor in New Zealand a decade ago, it was returned to the capable hands of the silversmiths at Garrard’s who repaired the trophy free of charge.
Getting out on the town after all that time locked down in a bank vault, the “Auld Mug” has spent the last few years with a bit of a party glow as it is parading about Europe and around the world in an effort to bring the event into the 21st century.
The America’s Cup now resides in Geneva, Switzerland at the Societe’ Nautique de Geneva where it awaits it fate in the New York Courts System.
.
Thursday, July 17, 2008
For the Love of Mackinac!
Mackinac Island Hat Tricks and Other Stories
The magic that is Mackinac. With its emerald blue waters, it is an island that is full of wonder and mystique as you venture back in time. Welcome to Mackinac Island, 'Michilimackinac' in ancient Ojibwa for the land of the great turtle. With its sweet aroma of fudge and horse droppings Mackinac is to Michigan what Monte Carlo is to Monaco...the Midwest’s principality.
"Mackinaw", derives originally from "michibou", who was a God of the waters and forest spirits.
Mackinac Island was the burial ground for ancient tribal chiefs. In the 17th century the Straits of Mackinac was the fur trading commercial center of North America. The fort at Mackinac provided security to a then young nation and played a pivotal role in the War of 1812 as it changed hands with the British after battle. After the Civil War, Mackinac Island became the nation's second national park.
In 1895 the War Department turned over the property deeds of more than 70% of the island to the State of Michigan. It became Michigan's first state park. At the turn of the century, Midwestern lumber barons built several palatial hotels for summer tourists. They would arrive by large ships or by train to escape the heat and humidity of the big cities to vacation in the cool northern breezes (except in 2001!) of the Great Lakes. The Grand Hotel, which boasts the world's largest front porch was the jewel of these wooden palaces.
The general allure to Mackinac Island is other than the afore-mentioned refreshing cool summer breezes, is its unique recapturing of geologic & American history. The center piece of Mackinac’s summer are the July yacht races; one which starts in Chicago, Illinois, sailing up the Lake Michigan shoreline and the other which originates near Detroit, Michigan, proceeding up the treacherous emerald waters of Lake Huron. Topping off these sailing extravaganzas are the hats of course! No Mackinac Race is complete without the baseball cap.
The hat trick stories provide the drama of which many dreams may lie. The key to the Port Huron hats is tracking down the voluptuous Bacardi Girls early and often. It isn't too hard to spot these 6ft. girls with their day glow hair.
As far as the Mt. Gay caps the tack is much trickier. These puppies are few and far between. My son helped me score mine during the Y2K blackout in 2000. Mt Gay has been a longtime sponsor of the Chicago-Mac Race. While trying to get our hands on the other popular item that year, the fortuitous glow sticks, we ran into the Mt. Gay Representative who heartily obliged us with the luminous sticks, but the hat were a different matter. Anyway, to make a long story short, he unselfishly tracked me down the next day and gave me his own hat!
The Bayview YC's awards ceremony, the infamous Bacardi Party, takes place on the front lawn of the Mission Point Resort. Rocker Bob Seger in his boat Lightning has taken race winning honors home on a couple of occasions and the Grand Hotel plays host to the Chicago Yacht Club’s reception. 1987’s gala was interrupted with Pied Piper’s exciting record shattering performance as Dick Jenning’s Santa Cruz 70 (now Great Lakes 70) showed up under the Mackinac Bridge during the party!
The Port Huron Race concludes off Cedar Point on Mission Point’s southeastern shore. Being able to sit on the beach and watch some 200 + yachts finish, gliding wistfully under a beautiful summer moon or under a bright blue sunshine and turquoise waters sporting a variety of colorful spinnakers (weather permitting) is truly brilliant!
MPR is located on the island's east end. The resort takes its name from the original Mission House, built in the 1820's by Reverend William Ferry as a school for the local Indian children.
In the late 1940's an organization led by Frank Buchman launched a global vision of peace and honesty known as the MRA "Moral Re-Armament" society. The group added to their international conference center campus throughout the 50's before deeding the property to Mackinac College in 1966.
In 1987 Mission Point was born again and is referred to as "Mackinac Island's Friendly Resort" has become the island's premier family destination.
What was once the MRA's "Great Hall" is now MPR's main lobby. It is one of the most awe-inspiring structures imaginable. Constructed with 65ft. timbers of Michigan virgin pine, the trusses were floated across the Straits of Mackinac from nearby Bois Blanc Island to resemble an Indian tepee.
The "Great Hall" fulfills the Ojibwa prophesy that, "someday on the east end of the island a great tepee will be erected. All nations will come there and learn about peace.
Several years ago MPR began recruiting food & beverage/hotel management students from England, Ireland and Scotland to meet the demands of a longer season. The students are fulfilling their internships. Their presence has given Mission Point an ambience and international flair that allows the original educational mission to continue.
Unbeknown to the crews at the start of Y2K's Chicago to Mackinac Race, the island began experiencing a series of power outages. What began shortly after the conclusion of the Bacardi Bayview Race as sporadic interruptions, reached epic proportions two days after the start and by the arrival time of a majority of the fleet the Mayor of Mackinac Island, Margaret Dowd had declared a state of emergency and imposed a midnight curfew.
As anyone who is on the island during the yacht races know; by midnight the overflow crowds of sailors at the Pink Pony, Horne's, the French Outpost and all the other bar crawl venues are just beginning shake off those sea legs. Luckily, even with a lack of power the weather was blue skies and as long as the beer was cold, the majority made due the CYC crowd is generally a fairly hearty contingent.
What had occurred in this "once in a lifetime" event was a corrosion of some of the seven cables which lead to the island, leading to a massive overload. By mid-week the island was humming with generators from large to small.
The Grand Hotel brought over a generator the size of a semi-trailer. Most had portable units left over from the New Year hype, which of course had failed to materialize. Needless to say the hardware stores in Petoskey and Cheboygan kept busy.
Unlike most northern islands Mackinac has little or no mosquito problems thanks to an energetic bat population.
The bats, which on an individual basis can consume hundreds to thousands of the menacing pests every evening find a creative path around people as they kamikaze their way to dinner. Once you get used to their frolicking acrobatics you appreciate the work they do.
Yes, fudge, loads and loads of it. According to legend, fudge making began on Mackinac Island in 1887 by Rome Murdick. Over the last 50 years several other prominent island families began producing their own recipes and who makes the best fudge is subject to interpretation.
Fudge shops dot Main Street and the sweet smell is unmistakable....almost. Which leads us to Mackinac Island's other great tradition, horses. No cars allowed. When the noisy automobile was first introduced at the turn of the century they disrupted the horse population in such a profound way that the city's fore-fathers has the insight to ban on the island in the infancy of their existence.
This led to the island's world signature; an authentic horse driven culture. All shipments and luggage on the island are delivered by horse dray or bicycle. Horse powered taxis conveniently provide a relaxing or romantic interlude towards your destination. During the winter months the horses are transported off the island to a farm complex in the Upper Peninsula.
The island is not without its struggles for the future. The State of Michigan has wrestled for years over the idea of a new marina on the island to accommodate the needs of recreational boaters during the summer months.
An angry division resounded between the Michigan DNR and preservationists. A majority of island residents felt a new marina would infringe on the Victorian charm and historical nature of Mackinac. The DNR poured fuel on the fire by submitting design plans that resembled the Taj Mahal.
Thankfully, compromise appears to have been reached by a plan to expand facilities within Hallemand Bay, by redirecting ferry traffic and constructing an additional break wall & adding dock space. This year the old Arnold Lines Coal Dock is getting a long overdue rework.
Though with all things It is important to recognize the difference between what you think you need and what you actually need. The charm of Mackinac Island is that you still feel like you are stepping back “somewhere in time”. Stay tuned.
Tuesday, June 3, 2008
TIMELINE
Twelve Meter Update has moved to this location as of June 4, 2008. We will be offering more from the world of 'twelves under that byline at this location. Again, enjoy.
Monday, May 12, 2008
New York Courts Rule. Appeal Likely
Judge Herman Cahn finalized his court order today. In a bit of a shocker he temporarily gave the Societe Nautique de Geneva (SNG)representing Alinghi a bit of a lift, ruling that the match should commence 10 months from today.
Apparently the Judge had his own toll in place. Though BMW Oracle has not announced it as yet, they are certain to appeal. The America's Cup is a challenger driven event and this ruling clearly gives the advantage back to Alinghi, whose delay tactics have clearly paid off....for now.
Judge Cahn has ordered an America's Cup match for March of next year. This means that Alinghi will have to defend in the Southern Hemisphere, if the ruling stands. Off the cuff, Capetown, South Africa and Auckland, New Zealand would appear to have the inside track for hosting the next America's Cup.
Team Shosholoza has displayed loyalty to SNG throughout the litigation and has been financial supported by Alinghi Team owner Ernesto Bertarelli.
For New Zealand, this would seem to be a way to appease the Kiwis, who are suing Alinghi for breach of contract. Perhaps an Auckland defense would be an olive branch.
Anyway, for BMW Oracle this is a major defeat and it would appear that the four corners of the Deed are in their favor. Clearly no official toll was in place, since Alinghi rejected original terms last September. In their brief to the Appellant Court, BMW Oracle included language about the 10 month notice of challenge.
Clearly, this is not over and expect further fireworks before the June hearing date.
Stay tuned.....
Posted by Mark Wharton Reid at 10:40 PM 0 comments
From Alinghi
Justice Cahn from the New York Supreme Court today ruled in favour of the Société Nautique de Genève (SNG) – represented by Alinghi, Defender of the America’s Cup – ordering the Deed of Gift Match brought by the Golden Gate Yacht Club (GGYC) to be raced in 2009.
Lucien Masmejan, lead counsel for the SNG, comments: “We are pleased that Justice Cahn has issued this order and recognised within his decision that it was the actions of the GGYC that brought the America’s Cup to court and that depriving SNG of the 10-month notice period mandated by the Deed of Gift would be inequitable.
“This 10-month notice period should commence when there is a final decision regarding the propriety of the GGYC challenge and fully taking into account the Northern Hemisphere window as indicated in the Deed of Gift. This means that the Match cannot take place before May 2009.
“Several issues still remain unresolved. Among these, the GGYC certificate is critical, as it is unclear and contradictory. Since GGYC refuses to provide us with the information required in the Deed of Gift, we are forced to continue with the legal procedures that GGYC started by bringing the America’s Cup to court."
Posted by Mark Wharton Reid at 10:40 PM 0 comments
From BMW Oracle
New York Supreme Court Judge Herman Cahn orders date and venue for America’s Cup.
Today the New York State Supreme Court issued an order that the next America’s Cup match should take place in March next year, ten months from now, and that the Defender should disclose the venue six months prior to that. “We are pleased that the Court has advanced the process and required the Defender to confirm the venue,” Golden Gate Yacht Club spokesman Tom Ehman said. “We will now be considering the order to determine our next steps.”
Posted by Mark Wharton Reid at 10:36 PM 0 comments
Wednesday, May 7, 2008
On and on we go. Where it ends, nobody knows...except.
With all the latest ruminating by the legal powers that be, it appears that the reality show the 33rd America's Cup has become, is being thrown into an eternal spin cycle by lawyers without end.
Not one damn thing can be decided by the two competing factions, without the specter of litigation. All because of the fact that thru an attempt at mutual agreement last December, for the most part the Golden Gate Yacht Club and the Society Nautique de Geneva could not agree about whether one or two of the new AC 90 Class America's Cup boats should be built.
Ninety-five percent of the bullshit Protocol for the 33rd America's Cup seemed to be acceptable to the warring factions. New York Supreme Court Judge Herman Cahn should return to that moment in time and order binding arbitration on the infamous 9-point plan. He should declare that upon resolution of the protocol that the dates for the next America's Cup should be in 2011.
1] On the issue of the AC 90, 2 boats should be permitted for no other reason than for safety's sake. To figure out the wherewithal to race, tack, jibe and hit the starting line with these new boats, you need to learn how to mix it up and scrape some paint without killing your opponent or yourself.
2] If money is the big concern, put on a financial cap of 100 million dollars per team with a rebate kicker back to the lesser funded teams if you exceed the cap.
3] Appoint a neutral America's Cup arbitration panel to be chosen by the former Trustees of the America's Cup. The panel will arbitrate disputes and appoint race officials.
4] All competing YACHT CLUBS should be held to a higher standard and meet the minimum qualifications of the Deed of Gift. That means by 2011 you have 3 years to hold an "annual" regatta. If you need a sponsor call your local beer or rum distributor.
5] To the New York Supreme Court: Don't answer your phone. Get caller ID and if anyone representing an America's Cup Syndicate or Yacht Club calls; ban them permanently from competition.
It is time to stop the spin cycle, step back and return to basics. I'm sure that with summer approaching in New York City there will be plenty of ambulances for all these attorneys to chase.
Posted by Mark Wharton Reid at 8:28 AM 0 comments
Monday, April 28, 2008
Sports Bar America's Cup
Try this one on for size, during an interplay of a sports converse, being asked hey, what’s going on with the America’s Cup?” Sum that one up in a moment or two without either completely gaining or losing an audience. This is either a two minute short answer or a twenty minute layered monologue. Hence a time line of events.
In a brief summation, the America’s Cup is currently held by the Geneva Yacht Club in Switzerland. They won the America’s Cup in New Zealand in 2003. The yacht Club chose Valencia, Spain to host the 2007 America’s Cup. Valencia is located on the Mediterranean Sea and is one of the world’s oldest ports. The racing must take place on the sea, or an arm of the sea.
Last year, in Valencia the yacht club was represented by its sailing team called Alinghi. The word alinghi was made up as a child by the owner of the team, billionaire Ernesto Bertarelli.
Alinghi beat Team New Zealand 5-2 in one of the most exciting America’s Cups in history. After the series was over, the Geneva Yacht Club drafted the rules for the next America’s Cup. With the help of the Spanish Sailing Federation, they created a phantom yacht club to agree to bogus new rules and represent any challengers, who might be interested in racing for the right to face to Swiss in an America’s Cup finals in 2009.
After the new rules were announced, the Golden Gate Yacht in San Francisco, California objected and issued a challenge of their own in accordance to the rules that govern the America’s Cup, called the Deed of Gift. The Deed of Gift was drafted by the owners of the yacht that won the first Cup race in 1851.
In 1887 the America’s Cup was deeded in a charitable trust to the people of the State of New York. Any legal disputes that arise involving the America’s Cup must be resolved by the New York Court System.
When the Golden Gate Yacht Club objected to the new rules they sued the Geneva Yacht Club in the New York Supreme Court. The issue now stands before a judge and we are all awaiting his final ruling.
It is possible when the final ruling is made that the next America’s Cup may take place later this year or early next year in giant multi hull boats. So, in very simple terms; that’s the way it is.
Of course to most people, the America’s Cup hasn't been on sport's radar since Dennis Conner lost the Cup and then won it back in the 1980’s. What makes this next court generated race so compelling is that the majority can't recall anything about all the America’s Cup races that took place over the last twenty years, but they do remember Dennis defending the ‘Cup in a catamaran.
What goes around, comes around.
Posted by Mark Wharton Reid at 12:06 PM 0 comments
Timeline
A Brief History of the America’s Cup.
The original contest for the One Hundred Guinea Cup took place off England's Isle of Wight in 1851. The contest was won by the yacht America, against 18 British challengers. Aboard, was Commodore John Cox Stevens, who later presented the trophy to the New York Yacht Club in 1857.
America dominated the event to such an extent, that Queen Victoria was said to ask, "Who's in second?” In which she was told, "You’re Majesty, there is no second!"
The first race for the “America's Cup” was in 1870 off of Staten Island, in New York as the schooner Magic won a fleet race against the British challenger Cambria. In an act of conveyance, the original members of the America syndicate, placed the ‘Cup in a charitable trust as a perpetual challenger’s trophy.
The deed of gift, which is the bylaw that governs the race, was amended by the last surviving member George Schuyler in 1887. The defense of the “Auld Mug” for the most part, takes place every few years. It attracted such luminaries as legendary yacht designer Nathanial Herreshoff, Captain Charles Barr and tea baron Sir Thomas Lipton.
The NYYC moved the regatta to the exclusive resort community of Newport, Rhode Island in 1930. The America’s Cup was graced in the 1930’s by the magnificent J-boat class. Led by railroad and banking blueblood Harold Vanderbilt, he matched up victoriously against the aeronautical wizard T.O.M. Sopwith, from over the pond in England.
After World War ll, the races were revived in 1958 with the 12-Meter Class boat. These 60 ft. yachts provided challenging matches in Newport's moderate and shifty wind conditions. Throughout the next three decades, the NYYC conducted defense trials served up most of the drama, with CNN cable mogul Ted Turner, France’s Baron Marcel Bich (the Bic pen) and avid fan Walter Cronkite providing most of the star power.
That was until 1983, when the controversial winged keel yacht Australia 2, won the America’s Cup in the best of seven races over Dennis Conner's Liberty. The men from the land “downunder" unbolted the trophy and took it back to the picturesque fishing port of Fremantle, Western Australia, to defend it against all comers.
In one of the greatest sports comebacks of all time Conner, challenging under the burgee of the San Diego Yacht Club went down to Australia in 1987 and brought the 'Cup back to America, crushing the Australian yacht Kookaburra in the process 4 to 0.
Enter New Zealand, who through the efforts of banker Michael Fay was able to challenge for the "Cup in 1988 by forcing the SDYC to run the races under a strict interpretation of the original race rules. Again, Dennis Conner countered with a brilliant defense, this time in a fixed wing-sail catamaran.
The America's Cup recycles its event about every 4 years or so. It has changed hands several times between America, New Zealand and now, Switzerland. The Swiss yacht Alinghi, representing the Geneva Yacht Squadron won the ‘Cup in 2003. The team defended it this past year in Valencia, Spain, against many challengers from all over the globe, including teams from South Africa and China.
Since Fay's surprise challenge, the Deed has generally been usurped of its authoritative grip on the rules by mutual agreement provisions called the America's Cup Protocol. The protocol's enabling resolutions allow the Challenger of Record to establish the rules and regatta format to determine who will challenge the defending boat for the America's Cup.
The matches feature the yachts sailing against each other on a windward/leeward course, approximately twenty miles in length. A series of elimination round robins, between all the challengers race for the Louis Vuitton Cup. Each round is worth more points than the last, and the highest scoring two yachts face off against each other to determine who race the defender for the America’s Cup. The Italian fashion design store Louis Vuitton has sponsored the challenger trials since 1970.
August 22, 1851
The original contest for the One Hundred Guinea Cup took place off England's Isle of Wight. The around the island regatta was won by the racing schooner America, against eighteen British challengers. Leading the effort was Commodore John Cox Stevens, who later presented the trophy to the New York Yacht Club in 1857.
America dominated the event to such an extent, that Queen Victoria was said to ask, "Who's in second?” In which she was told, "You’re Majesty, there is no second!"
October 24, 1887
The last surviving member of America’s ownership syndicate George Schuyler amends the Deed of Gift leaving the trophy to the New York Yacht Club as a charitable trust; “donated upon the conditions that it shall be preserved as a perpetual Challenge Cup for friendly competition between foreign countries.”
This Deed of Gift, made the twenty-fourth day of October, one thousand eight hundred and eighty-seven, between George L. Schuyler as the sole surviving owner of the Cup won by the yacht AMERICA at Cowes, England, on the twenty-second day of August, one thousand eight hundred and fifty-one, of the first part, and the New York Yacht Club, of the second part, as amended by an order of the Supreme Court of the State of New York dated December 17, 1956 and April 5, 1985. WITNESSETH That the said party of the first part, for and in consideration of the premises and of the performance of the conditions and agreements hereinafter set forth by the party of the second part, has granted, bargained, sold, assigned, transferred and set over, and by these present does grant, bargain, sell, assign, transfer, and set over, unto said party of the second part, its successors and assigns, the Cup won by the schooner yacht AMERICA, at Cowes, England, upon the twenty-second day of August, 1851. To have and to hold the same to the said party of the second part, its successors and assigns, IN TRUST, NEVERTHELESS, for the following uses and purposes: This Cup is donated upon the conditions that it shall be preserved as a perpetual Challenge Cup for friendly competition between foreign countries.Any organized Yacht Club of a foreign country, incorporated, patented, or licensed by the legislature, admiralty, or other executive department, having for its annual regatta on ocean water course on the sea, or on an arm of the sea, or one which combines both, shall always be entitled to the right of sailing a match for this Cup, with a yacht or vessel propelled by sails only and constructed in the country to which the Challenging Club belongs, against any one yacht or vessel constructed in the country of the Club holding the Cup. The competing yachts or vessels, if of one mast, shall be not less than forty-four feet nor more than ninety feet on the load water-line; if of more than one mast they shall be not less than eighty feet nor more than one hundred and fifteen feet on the load water-line. The Challenging Club shall give ten months' notice, in writing, naming the days for the proposed races; but no race shall be sailed in the days intervening between November 1st and May 1st if the races are to conducted in the Northern Hemisphere; and no race shall be sailed in the days intervening between May 1st and November 1st if the races are to be conducted in the Southern Hemisphere. Accompanying the ten months' notice of challenge there must be sent the name of the owner and a certificate of the name, rig and following dimensions of the challenging vessel, namely, length on load water-line; beam at load water-line and extreme beam; and draught of water; which dimensions shall not be exceeded; and a custom-house registry of the vessel must also be sent as soon as possible. Center-board or sliding keel vessels shall always be allowed to compete in any race for this Cup, and no restriction nor limitation whatever shall be placed upon the use of such center-board or sliding keel, nor shall the center-board or sliding keel be considered a part of the vessel for any purposes of measurement. The Club challenging for the Cup and the Club holding the same may, by mutual consent, make any arrangement satisfactory to both as to the dates, courses, number of trials, rules and sailing regulations, and any and all other conditions of the match, in which case also the ten months' notice may be waived.In case the parties cannot mutually agree upon the terms of a match, then three races shall be sailed, and the winner of two of such races shall be entitled to the Cup. All such races shall be on ocean courses, free from headlands, as follows: The first race, twenty nautical miles to windward and return; the second race an equilateral triangular race of thirty-nine nautical miles, the first side of which shall be a beat to windward; the third race (if necessary) twenty nautical miles to windward and return; and one week day shall intervene between the conclusion of one race and the starting of the next race. These ocean courses shall be practicable in all parts for vessels of twenty-two feet draught of water, and shall be selected by the Club holding the Cup; and these races shall be sailed subject to its rules and sailing regulations so far as the same do not conflict with the provisions of this deed of gift, but without any times allowances whatever. The challenged Club shall not be required to name its representative vessel until at a time agreed upon for the start, but the vessel when named must compete in all the races, and each of such races must be completed within seven hours. Should the Club holding the Cup be for any cause dissolved, the Cup shall be transferred to some Club of the same nationality, eligible the challenge under this deed of gift, in trust and subject to its provisions. In the event of the failure of such transfer within three months after such dissolution, such Cup shall revert to the preceding Club holding the same, and under the terms of this deed of gift. It is distinctly understood that the Cup is to be the property of the Club subject to the provisions of this deed, and not the property of the owner or owners of any vessel winning a match. No vessel which has been defeated in a match for this Cup can be again selected by any Club as its representative until after a contest for it by some other vessel has intervened, or until after the expiration of two years from the time of such defeat. And when a challenge from a Club fulfilling all the conditions required by this instrument has been received, no other challenge can be considered until the pending event has been decided. AND, the said party of the second part hereby accepts the said Cup subject to the said trust, terms, and conditions, and hereby covenants and agrees to and with said party of the first part that it will faithfully and fully see that the foregoing conditions are fully observed and complied with by any contestant for the said Cup during the holding thereof by it; and that it will assign, transfer, and deliver the said Cup to the foreign Yacht Club whose representative yacht shall have won the same in accordance with the foregoing terms and conditions, provided the said foreign Club shall, by instrument in writing lawfully executed, enter with said part of the second part into the like covenants as are herein entered into by it, such instrument to contain a like provision for the successive assignees to enter into the same covenants with their respective assignors, and to be executed in duplicate, one to be retained by each Club, and a copy thereof to be forwarded to the said party of the second part. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal, and the said party of the second part has caused its corporate seal to be affixed to these presents and the same to be signed by its Commodore and attested by its Secretary, the day and year first above written. GEORGE L. SCHUYLER, 1887
September 26, 1983
Australia 2, the radical Ben Lexcen and Peter van Oossanen designed winged keel 12-Meter wins the America’s Cup in a dramatic 7th race by 41 seconds over Dennis Conner’s Liberty ending the New York Yacht Club’s 132 year authoritative grip on the trophy.
February 4, 1987
Dennis Conner, representing the San Diego Yacht Club goes down under to Fremantle, Western Australia with his 12-Meter boat Stars & Stripes and takes the America’s Cup back to the United States defeating Kookaburra 4-0. The New Zealand Syndicate that year constructed the first glass twelve; it was Dennis Conner's contention that certain exotic fibers (lighter in weight and density) were used at the ends of Kiwi Magic, thereby increasing her windward speed. Conner asked for core samples to be taken from the hull of Kiwi Magic
The problem was the rules administered by Lloyds of London were vague concerning the scantling requirements in fiberglass and ultimately the Kiwi boat was ruled legal..
Winged keels, radical bustles and multiple appendages, like USA's graphite epoxy front rudder system become the norm this time around as the 12-Meter Class blossomed with design innovation. Stars and Stripes 87 turned like a freight-train and had a keel that looked like a VW Beetle, but in a straight line she moved like a rocket ship.
Conner and Co. pulled out all the stops in the playoffs by developing the shark-skin coating from the Twin Cities based 3M Corporation called riblets and hoisting a spinnaker with big pockets appropriately called "Dolly".
July 17, 1987
New Zealand businessman Michael Fay representing the Mercury Bay Boating Club directly challenges the SDYC for the America’s Cup. Under a strict interpretation of the Deed of Gift, Fay issues 10 months notice for a race in 90 ft. on the load waterline length monohulls. The maximum allowed under the rules.
August 8, 1987
The SDYC reject the MBBC’s challenge. Malin Burnham, President of Sail America, "We have 25 signed affidavits to support our interpretation on racing in 12-Meters. The weight of the world is in our favor." Michael Fay, New Zealand Challenge, "There is a great deal of worldwide support for such a competition (J-Boats), and it's growing." Arthur J. Santry, Jr., Commodore New York Yacht Club, The San Diego Yacht Club's action is not in the best interest of the America's Cup and is inappropriate."
So tell me. What does the world really want? More importantly, what will the world get? Brace yourself, the battle lines for the "Auld Mug" are being drawn, and you had better be careful on which side you choose.
Once again the America's Cup wars have returned to the shores of the Atlantic Ocean. Unfortunately, this time they're being waged on the floors of the New York Supreme Court.
The litigation in New York began with Michael Fay's challenge for the Cup in 90 ft. waterline length boats, the maximum allowed under the Deed of Gift. The San Diego Yacht Club refused his challenge, so Fay brought the matter to court. Fay is attempting to hold the SDYC responsible for administering the provisions of competition for the Cup under the terms of the original Deed of Gift. "We have taken the initiative, both to challenge in 1988 and to do so in a completely different class of boat that will restore some of the romance and grandeur to the event," said Fay, who was the syndicate head of the New Zealand Challenge in Perth and is representing the Mercury Bay Boating Club in this matter.
“We are dismayed and disappointed that Mr. Fay would elect to drag one of the world's premier sporting events into a court of law," states Malin Burnham, President of Sail America, and no stranger to Cup politics, having run Dennis Conner's last three campaigns. Sail America is manager of the SDYC's America's Cup Defense. "I can assure Mr. Burnham and Sail America that this is a genuine and serious challenge, made in the best traditions of the America's Cup," says Fay, "and New Zealand will be pursuing it with full vigor."
"Fay's action comes as no surprise," said Burnham. "It is merely further evidence of his determination to manipulate and control the terms of this matter to his own advantage."
The Mercury Bay Boating Club sent its challenge to the SDYC on July 15, 1987. Under the provisions set forth by the Deed, Fay gave the SDYC 10 months' notice, calling for races to be held on June 1, 3, & 7 of next year, off San Diego, in boats that will measure more than 135 feet in length.
Unfortunately, the challenge came at an inopportune time for the SDYC, as they were struggling with Sail America just to hold the next Cup regatta in home waters.
These giants will be ultra-light "trapeze" J-Class boats, with crews of 40 men. The boat is under construction now at Martens Marine in Auckland, NZ, and will be christened on February 27, 1988.
The SDYC has received three other challenges to date in J-Class yachts. They include Alan Bond from the Royal Perth YC, Peter de Savary, representing the Royal Burnham YC, and the YC of Cannes, France. Both Bond and de Savary have also challenged in 12 Meters.
To date, Sail America has received 20 challenges for 1991 in 12 Meters, and according to the affidavit filed on September 18th, half of those challengers have spent $7.7 million dollars on their 12Meter campaigns.
The center of this controversy is the Deed of Gift. The Deed is the constitution of the America's Cup. All matters relating to the Deed are subject to interpretation by the New York Supreme Court.
The original Deed of Gift was written in 1857 by the surviving members of the America Syndicate and the NYYC, which had won the America's Cup in 1851 off the Isle of Wight in England. It was amended in 1887 by George Schuyler. Two amendments have been added since then: in 1956 to allow for 12-Meters as the yacht of choice, and in 1984, to accommodate Perth, Australia, as trustee to the Cup.
The storm revolves around a series of provisions, which are referred to as enabling resolutions.
These unwritten by-laws to the Deed have gone unchallenged until now.
"If it were not for the NYYC in 1956 as acting trustee conceiving of ways to adapt the Deed to drastically changed times and circumstance, the America's Cup, would be a relic gathering dust,' states Burnham.
"Mr. Fay and his colleagues would have us forsake the living Deed of Gift at the very peak of its vitality and return instead to an obsolete match which bears no resemblance to the vigorous spirit of truly international competition so evident in Perth earlier this year!" states an emphatic Burnham.
"As trustee of the Cup, SDYC has a responsibility to protect the interests of all challengers," said Burnham. "While we are unhappy to see Mr. Fay attempt to win in court what would be hard to win at sea, we are well-prepared to fight for the sake of the other challengers and for the future of the America's Cup.
If one front in this war wasn't enough for the SDYC to wage, enter the NYYC, author of the Deed of Gift and trustee to the America's Cup for 132 years. The NYYC has gone to court to prevent SDYC's petition to amend the Deed, that would allow for the Cup to take place only every four years and then only in 12-Meters.
The NYYC, which adamantly maintains that the Club takes no position in the suit between SDYC and Fay, and has stepped forth only to prevent, according to Commodore Arthur J. Santry, Jr., "each future trustee of the Cup from being able to dictate whatever terms for the challenge and defense of the Cup that seemed best to suit the interests of that trustee."
There is a lot of misunderstanding in regards to the Deed of Gift," spoke Santry. "SDYC's actions are not in the interest of the Cup and is inappropriate." In response to the legality of Fay’s challenge, Santry said, 'I don't think there is any question about it."
"It's important to remember that the NYYC does not support New Zealand's challenge," said Tom Ehman, executive VP and chief operating officer of Sail America. Ehman was also the executive director for the NYYC's unsuccessful America II challenge. "They are only involved in the separate proceeding in which we have asked to amend the Deed of Gift," states Ehman. "They have remained neutral on the challenge."
When the SDYC first responded to Fay's challenge with a blunt thanks, but no thanks, it then went about its own business: you know 'Rain, rain, go away, come again another day'. Well, it never rains in San Diego, except on the day when the SDYC and the City chose to make their announcement on the America's Cup.
Well, on that day, what was to have been a landmark occasion for the City of San Diego, became instead the format in which to respond to Fay's challenge. On the previous day, Fay had sought and obtained a restraining order from the Court preventing the SDYC from discussing any plans that relate to the 1991 Cup.
The restraining order was lifted a week later, which basically meant that Sail America could proceed with their plans on paper, though no-one was rushing out to start pouring concrete.
When Stars and Stripes won the America’s Cup earlier this year, Conner and Company had rolled through the New Zealand “plastic fantastic" to win the series 4 to 1 and earn the right to face Kookaburra 3 (which they trashed as well) for the America's Cup.
Kiwi Magic was the first fiberglass 12-Meter and had passed technical inspection. But Conner, who plays the psychology game as well as anyone, and is not one to mince words about enemy technology, commented that, "Why else would you build a fiberglass 12 Meter, unless you were going to cheat?"
Well, New Zealand hadn't, but that was not the point, and Conner knew it. But Fay wasn't about to let dead dogs lie, and while everyone in San Diego was haggling about where to hold the Cup Defense, he was up late studying the Deed. Also Russell Bowler, project manager for Kiwi Magic's fiberglass construction.
Fay's challenge dictates that the races commence 10 months from the date of his challenge in accordance to the Deed, though the Judge has ruled the races would take place 10 months from her decree, if she rules in Fay's favor.
"What we are proposing won't be any easier than challenging in 12 Meters," said Fay. "New Zealand will again be the newcomer going against the Americans, who were invincible for more than 80 years when the Cup was raced in boats of the size we have nominated."
"New Zealand is interested in sailing, not in being in court; we're looking back to the old traditions of the America's Cup, and we have to be careful that the sport does not become overly commercialized."
"We welcome the challenges from Australia and Great Britain, and we are prepared to sail against
them," said Fay, "and any other challenge that arrives in San Diego in time. Just to get the boat ready and to San Diego in time will be a major feat."
New Zealand, J-l has a construction crew of 30 people working around the clock to get her ready. David Barnes, who skippered Kiwi Magic to a World Championship in Sardinia last summer is part of the resource of the program, but no decision will be made on a skipper for some time to come.
Though no one would comment publicly, there can be no doubt that the Stars and Stripes brain trust are plugging in numbers for a J-Boat design of their own.
“SDYC and Sail America are confident we have the moral and legal high ground in this matter, and we hope and expect a favorable decision shortly, states Ehman.”We haven't even taken our gloves off yet," boasts Burnham.
August 31, 1987
MBBC takes the issue before the New York Supreme Court, which under the state’s charitable trust laws, is the arbiter on legal matters on the America’s Cup.
September 9, 1987
New York Supreme Court Judge Carmen Ciparick orders a tolling period to take place in lieu of ongoing litigation. Notice of challenge for 10 months, will commence at the conclusion of court proceedings or by an order of the court.
November 25, 1987
New York Supreme Court Judge Carmen Ciparick rules that the SDYC must accept the challenge from the MBBC.
December 28, 1987
New York Supreme Court Judge Carmen Ciparick modifies previous tolling agreement. “Ordered that the ten (ten) month notice period in the valid notice of challenge of the Mercury Bay Boating Club Inc. of July 15, 1987, previously tolled by the Court on September 9, 1987 pending determination of the motions and actions in Case 1 and Case 2, shall resume and continue to run from the date of service of a copy of this order with notice of entry upon the attorneys for the parties and on the office of the Attorney General of the State of New York.”
January 22, 1988
The SDYC announces that it will defend the America’s Cup in a catamaran.
July 25, 1988
Judge Ciparick refuses to bar SDYC’s catamaran stating; “Nothing in this decision should be interpreted as indicating that multi-hulled boats are either permitted or barred under the America’s Cup deed of gift.” Ciparick directs both parties to reserve protests or further litigation after the completion of the races. “The America’s Cup deed is a relatively simple document that seeks to encourage international competition among sportsmen without providing for intricate rules and dispute resolution mechanisms that have become the prominent focal points in our time,” wrote Ciparick. “The vision that Schuyler and the other donors sought to perpetuate over the years was that of an international race on a grand scale among boats on the seas and not a land bound battle among clever lawyers in the courthouse.” In her ruling though Ciparick sent a bit of a warning shot of what was to come in her courtroom by adding; “The conclusion is inescapable that the donor (George Schuyler) contemplated the defending vessel to relate in some way to the specifications of the challenger.”
September 9, 1988
The SDYC defends the America’s Cup, with Dennis Conner winning the first two races in a best of three series. Michael Fay vows to return to court to challenge the validity of SDYC’s catamaran.
March 28, 1989
Judge Carmen Ciparick disqualifies the SDYC and awards the America’s Cup to the Mercury Bay Boating Club. Ciparick ruled that the San Diego Yacht Club had “violated the spirit of the deed” when its “clear goal to was to retain the cup at all costs.” In her ruling she wrote; “the defender of the America’s Cup is more than the current champion yacht club. The yacht club winning the America’s Cup becomes the sole trustee under the deed of gift and has an obligation there under to insure a fair competition. The holder of the America’s Cup is bound to a higher obligation than the victor of the Stanley Cup or Super Bowl. In organized sports such as hockey or football there is a central authority for the development and enforcement of competition rules. The defender of the America’s Cup, as trustee, is charged with the responsibility of insuring that a subsequent defense is carried out in accordance with the letter and spirit of the deed of gift. San Diego clearly fell short of its obligations as trustee of the deed of gift.” “Accordingly, San Diego shall be disqualified in the September 1988 competition.”
September 19, 1989
By a 4-1 decision the Appellate Division of the New York Supreme Court overturned the ruling by Judge Ciparick and returned the America’s Cup to the San Diego Yacht Club. The auld mug itself never made the trip to New Zealand. The ‘Cup has been store in a bank vault awaiting its fate and will likely remain there until all measure of appeals have exhausted themselves. In a 30 page majority decision Judge Joseph Sullivan ruled that; “that San Diego’s catamaran was an eligible yacht.” Justice Israel Rubin added that, the “SDYC should not be deprived of its victory simply because the design of its vessel was more innovative and more successful in achieving its purpose than that of the challenger.”
November 22, 1989
The Appellate Court in a unanimous decision rules that Michael Fay will be able to appeal to the New York Court of Appeals in Albany, NY, the highest court in the state.
April 26, 1990
The New York Court of Appeals rules 5-2 that the San Diego Yacht Club will retain the America’s Cup and will be free to organize the defense of their choosing.
May 1992
San Diego plays host to an America’s Cup final, under a new mutually agreed protocol, which featured unlimited spending by billionaires, who in the case of the Italian Syndicate il Moro, built 5 new ACC boats only to lose in a closely contested series to Bill Koch’s America Cubed 4-1.
May 1995
Team New Zealand wins the America’s Cup crushing Young America 5-0. TNZ leader Peter Blake vows changes in the way the defender and the event conducts the America’s Cup. Blake was extremely displeased at how the SDYC altered its defense trials allowing the Team Dennis Conner entry, after appearing to be eliminated, to be free to sail another day, ultimately winning in Stars & Stripes and then choosing the losing yacht, Young America; to defend.
March 2000
Team New Zealand defends the America’s Cup in the waters of the Hauraki Gulf off Auckland, NZ in what was another listless final. The Prada team from Italy emerged from a thrilling Louis Vuitton Cup series that went the distance in nine exciting races against Paul Cayard’s America One, and was left with little wind in their sails to challenge the mighty Kiwi’s, before losing 5-0.
March 2000
Below was posted on the fansite of Team Luna Rosa:
This is a letter Peter Blake wrote to the Prada Team a few days after their defeat against Team New Zealand in the 2000 AC.
DEDICATED TO LUNA ROSSA
The America’s Cup is an elusive trophy, and has rarely changed hands in the last 150 years. This is not a sport for the faint hearted. It is not a quest to take lightly or on a whim. It is a fight between sailors from yacht clubs all over the world that desperately want the same thing: get their hands on the Cup. The prestige for the winner has more value than any other sporting achievement. It’s winning the invincible and doing the impossible that attract sailors, dreamers and millionaires, but the victory is not easy, and most of the time it doesn’t happen. The only way to win is to continuously participate, continuously return time and time again with the conviction that you can do it.
Hesitating after the first attempt is not part of the rules of the game. You need extraordinary people with ferocious motivation, lots of experience and attention to details and unconditional dedication. The game is uncertain; for all you can dedicate, for all that you can motivate, and for all that you are willing to spend the victory is never guaranteed. For some it becomes a kind of drug. It is a game that you can come to deeply hate, to than discover that you can’t live without it at least not until you win. Then there’s the metamorphous (at least that is what happened to me). I was part of a crew that succeeded in winning the America’s Cup at least once and successfully defending it. I was finally free of the tightness in my mouth and in my stomach. I am paid. I am cured. I go to sleep at night and dream other dreams. New passion are being born inside of me.
Just so that it is clear, competing for the America’s Cup is a game of passion, of dreams when in every waking moment (and while you are asleep) you have only one unique thought and that is winning but the victory is uncertain until you have it in your hands. The delusion and the disappointment hurts even when the others are suffering, imagine trying it out on your own hide. You keep asking yourself “how”? and “why”?
For weeks until you find the determination to try again, to not repeat the same mistakes, to do it better than before, to be better that the rest of the world, to be the best and than the anxiety becomes dreams and passions all over again. The thought of winning never ever abandons you but it is better to leave it on the side and concentrate on a new objective: to be the best in every phase of the new challenge. Nothing is left alone, not even the smallest detail. But this doesn’t happen just because you want it to. You need a Team of exceptional people who share the same dream and the same passion and are not scared even when odds are against them. It’s the difficulty of the challenge that puts the adrenalin in your veins that may have been weakened by the previous defeat.
The America’s Cup is what it is because it is so difficult to win. It is not a game for armchairs admirals. It is not a game for a person who is not prepared to come back. It is not a game for the faint hearted. It is a game for those who are not scared of pitting themselves against the best that the world has to offer. It’s a game where winning is almost impossible, almost, but not impossible. And this is why it is worth fighting for. It is the difficulty that gives any challenge some sense.
This is the essence of life itself. To all the people in Team Prada who are telling their story in this book, I would like to say, I admire your sportsmanship, your tenacity and your enthusiasm for life. You have given all of us a really positive imagine of your country and your countrymen will be proud of you. This time you didn’t win but certainly didn’t lose. You only lose when you don’t have the courage to return. Not winning is part of the learning process which leads you to success. Because it is also a question of luck. It won’t be easy. The best thing never are.
Peter Blake
April 2000
Victorious in their defense of the America’s Cup Team New Zealand now moves ahead with plans for the next America’s Cup in 2003. Sir Peter Blake hands over the reigns of leadership of TNZ to skipper Russell Coutts to pursue endeavors away from the trusteeship of the America’s Cup. The rocky relationship between the two men appears to more ego driven than contentious. Coutts is in disagreement with the Blake and the trustees over negotiated corporate contracts and commitments for the team for the next defense. TNZ locked into rolled over sponsorships for 2003 which may not be enough to cover rising costs, according to Coutts. Trouble in paradise?
May 2000
The writing was on the wall as many of the Kiwi after guard from the victorious TNZ jump ship to Ernesto Bertarelli’s fledging new America’s Cup team Alinghi, from Lake Geneva, Switzerland. The Swiss pharmaceuticals magnate sent a tsunami through the South Pacific by raiding Team New Zealand of its winning skipper Russell Coutts, tactician Brad Butterworth, Warwick Fleury, Simon Daubney Murray Jones and bowman Dean Phipps. Quickly labeled as traitors, the Kiwi nation won't likely forget or forgive the pair as the next America’s Cup approaches.
The America’s Cup once a haven of nationalistic pride, amateurism and recreation, reels in the realization that the dawn of a new era has encroached on the ‘Auld Mug, as free agency and the high salaries associated with the rising costs have taken hold of the competing teams. Many of the professional sailors now involved in the sport have begun to seek out the big paydays.
The Royal New Zealand Yacht Squadron briefly held up Bertarelli's Alinghi Challenge claiming that the Geneva Yacht Club did not fulfill the "arm of the sea" amendment to the deed of gift. Lake Geneva is not part of an ocean or an arm of the sea as defined, but the Yacht Club did hold a token regatta on the Mediterranean Sea to meet the minimum requirements of compliance to challenge.
The Alinghi Syndicate petitioned the America's Cup Arbitration Panel (ACAP) on the legality of its challenge and was upheld after a day of deliberations.
In 1984 the Chicago Yacht Club successfully petitioned the New York Supreme Court to declare that the Great Lakes were an arm of the sea and therefore eligible to challenge for the America's Cup. The NYYC had inserted language into the conditions for match after 2 anemic Canadian Challenges in 1876 and 1881.
September 2001
The 150th anniversary of the America’s Cup was celebrated as a jubilee festival in Portsmouth, England and around the Isle of Wight with multiple regattas scheduled with many of the winning boats and skippers/crews in attendance.
May 2002
Tragedy rocked the world community in December of 2001 with the stunning news that yachting legend Sir Peter Blake of New Zealand was killed by pirates as they were attempting to rob his crew aboard the Blakexpeditions ship, Seamaster. Blake was in the midst of an environmental expedition of the Amazon River when the incident occurred.
The Seamaster was docked in the port city of Macapa in the northeastern state of Amapa in Brazil. According to published accounts Blake was below deck when masked gunmen boarded the ship. With commotion on top Blake rushed up the stairs armed with a rifle to protect his crew. He was shot twice in the back by the startled robbers who anticipated no resistance. Blake died immediately.
Blakexpeditions was midway thru an exploration of the environmentally sensitive forest regions of the Amazon River basin in Brazil and working through customs on their way to Orinroco River in Venezuela when the tragedy struck.
Sir Peter's stature in New Zealand is approached only by Sir Edmund Hillary who climbed to the top of Mount Everest a half a century ago. Beyond his leadership in winning the America's Cup in 1995 for New Zealand, Blake's reputation for honesty and integrity was unparallel in the world of sport.
After much acrimony in the 1995 America's Cup in San Diego, Blake worked to elevate the event to a higher level with a vision of sportsmanship and honor for a small country of 3.5 million inhabitants. "We want to ensure that this is an event that parents want their sons and daughters in." "Even if it means that we hold the Cup Defense only once," Blake said, "we will make the competition fairer."
At 6.5 feet in height he was tall in stature and taller in life. Blake commanded the respect of teammates and opponents alike. After winning in San Diego he led the Cousteau Society and was appointed as a special envoy to the United Nations Environmental Program.
As the winning skipper in the 1989-90 Whitbread Around the World Race on Steinlager, Blake led the way into every port city. In 1993 he sailed with Sir Robin Knox-Johnston on Enza New Zealand in the non-stop around the world race for the Jules Verne Trophy in a record 74 days 22 hours.
Throughout his life he was man a few words and extraordinary deeds. The sailing community has lost a pillar of courage and New Zealand has lost a giant.
Sept 2002
The billionaires are back, rule changes after the 1992 America's Cup were designed to disperse them and bring financial sanity back to the event. 2003 finds them back. This time several of the world's richest men are taking part. Larry Ellison, Ernesto Bertarelli, Craig McCaw, Paul Allen and Prada CEO Patrizio Bertelli, with his wife’s money are all onboard for the 31st go around.
Oracle founder and CEO Ellison is taking time away from strewing thru Bill Gates garbage to run the Oracle BMW Team. The team represents the Golden Gate Yacht Club in San Francisco, California. Ellison has run a very successful race program with his maxi yacht Sayanara and is hoping to emulate billionaire Bill Koch's 1992 program which spent close to $100 million dollars just to defend the 'Cup for another yacht club.
The One World Challenge representing the Seattle Yacht Club is led by communications billionaire Craig McCaw. McCaw had financed much of the effort out of his own pockets until recent stock market corrections sent him to seek the assistance from fellow Microsoft billionaire Paul Allen for a bailout.
The moguls club is also joined by Prada CEO Patrizio Bertelli. Prada reached the finals in 2000 by aggressive sailing tactics, though lost by the time the Kiwi's crushed them and an overzealous approach to the rules. The Italians have achieved notoriety in their interpretation of fair play over the last 10 years, as Michael Fay, Team Dennis Conner and America One can all surely attest to. Prada represents the Yacht Club Punta Ala, which is the Challenger of Record.
Free agency comes to the America’s Cup as nationality requirements are loosened up to allow sailors to sail for different teams in different countries. With that, allegations surfaced in 2001 during the Sean Reeves fiasco materialized when the America's Cup Arbitration Panel (ACAP) ruled that the One World Syndicate representing the Seattle Yacht Club must begin the LV Cup trials minus one point. ACAP was approached by One World in December to determine whether it had violated any of the interpretative articles of the America's Cup Protocol.
ACAP ruled that One World had not violated Article 13 of the 'Protocol which relates to reconnaissance of competing yachts, but that it had been in breach of Article 15.3. That rule provides that designers that have worked on other ACC boats in the past sever prior involvement and "be separate and independent" of other America's Cup syndicates. The rule is similar to most "non-compete" clauses found in employment contracts.
The panel "took into account as a mitigating factor that it was One World that had brought forth the facts that had resulted in the findings that it was in breach". "Had it not done so", concludes the report, "a more severe penalty would have been awarded".
The controversy in question relates primarily to the fact that One World Designer Laurie Davidson was the principle architect of Team New Zealand's Black Magic NZL 57 and NZL 60. Black Magic NZL 60 defended the 'Cup last time around and is considered to be the prototype ACC yacht of which all the new generation of boats will be measured against.
Apparently, Davidson had in his possession; the measurement certificates for both yachts, carbon fiber specs for the TNZ contract suppliers and the team's performance evaluations for Prada.
The Reeves controversy erupted last fall when apparently after helping lure several key TNZ members to One World he became unhappy with his compensation and began naming names. Reeves, an attorney with some prior 'Cup involvement had credibility problems from the get go has decided to focus his energies on coaching professional tennis.
One World was caught off guard by Reeve's allegations and was quite forthcoming in bringing the facts before the ACAP. In a summary statement earlier this year One World CEO Gary Wright stated that OWC "had made some mistakes, but we believe these to be minor and not beneficial to our design process".
January 2003
Alinghi defeats Oracle 5-1 in the Louis Vuitton Cup finals, as the Kiwi defectors own Chris Dickson and crew from the first windward beat on. Charges and countercharges of high tech secrecy, spying and illegal weather satellite information provide most of the excitement, as the outcome appears to be a foregone conclusion. Despite imminent threats from the “Blackhearts” Russell Coutts is undeterred in his mission objective.
February 2003
For the third straight time the America’s Cup produced a whitewash shutout. Alinghi proved to be a steady, yet capable ACC yacht. Alinghi beat all challengers to win the LV Cup and face Team New Zealand’s radical, yet risky design in the America’s Cup final.
The Kiwi’s handed over the trophy after losing 5 straight races in two and a half agonizing weeks. After waiting out a wide range of weather systems the TNZ yacht carried plenty of water, but ultimately failed to carry its weight around the 20 mile windward-leeward course. Coutts and tactician Brad Butterworth both from New Zealand, looked on with bittersweet emotion as they grabbed the “Cup from their countryman and took it to Europe.
TNZ designers Tom Schnackenberg and American Clay Oliver came up with an unorthodox idea of creating a second or false hull as an appendage to increase the waterline length of the boat without incurring penalties to, or reduction of the sail area. Nicknamed the “Hula”, the 20ft. long second skin section of the hull could not touch any part of the boat except at its fitting.
With an inherent micro-millimeter gap along the waterline and an elongated torpedo-shaped bulb keel the TNZ boat took on tons of extra water in heavy seas. This design flaw led to gear failures and a splintered boom in the first race and a broken carbon fiber mast in the fourth race
March 2003
Trouble in paradise, part two? With victory, Alinghi chief Ernesto Bertarelli reaps the reward of the ex-Kiwis command and control on the water, while clearly benefiting from TNZ’s lack of race preparation and their need for a “gimmick” boat. Russell Coutts again, has more on his mind than being Bertarelli’s “helmsman”. Recriminations foreshadow events to come as the ‘Deed once again seems to drawn into the middle of the wishes and desires of the winning yacht club, versus the dreams of the winning team. It was the indecision and divisiveness between Sail America, Stars & Stripes and the San Diego Yacht Club which led to the “hostile” challenge from Michael Fay in 1987. Again, in 2000 their was a war of wills between the trustees and the sailing team, which led to the defection of Coutts and company.
December 2003
Valencia, Spain was chosen as the host site for the next America’s Cup, trumping out European cities in Portugal, Italy and France.
June 2004
Former Alinghi Skipper and Team Manager Russell Coutts, continued a mediation process with Ernesto Bertarelli to allow access into 2007 America’s Cup. Coutts was fired by Team Alinghi “for repeated violations of his duties.” Coutts was not happy with many of the planned changes in the way the event was being organized. Coutts won the America’s Cup twice in 1995 as the skipper on Black Magic and 2003 on Alinghi. He defended for TNZ in 2000.
Bertarelli is the head of the Alinghi Syndicate which won the America’s Cup in Auckland, NZ last year. Alinghi represents the Societie Nautique de Geneva. SNG promised freer access by sailors to cross borders and compete for other countries, i.e. free agency. That access is now being restricted by new mutual consent amendments.
After Fay's surprise challenge, the Deed of Gift has been usurped of its authoritative grip on the 'Cup, by mutual agreement provisions called the America's Cup Protocol. The Protocol's enabling resolutions allow the Challenger of Record Committee or CORC, to construct the rules and regatta format to determine who will challenge the defending SNG boat for the America's Cup
The winning yacht club becomes the trustee of the America’s Cup, not the winning team or its members.
The regatta is structured by the terms of mutual consent. The rules are set up between the SNG (the defender) and the challenger of record (COR), which this time is the Golden Gate Yacht Club in San Francisco, California. representing BMW Oracle .
BMW Oracle is run by Larry Ellison. Ellison & Bertarelli are multi-billionaires and two of the world’s richest men. Because of the way the terms of mutual consent is structured the “Protocol” for the 32nd America’s Cup becomes gold standard in which the races will be conducted. They are the kingmakers. To that end, and to specifically restrict Coutt’s participation; the “Protocol” text was amended in 2004 to read:
Article 13.12 Crew restricted to work for only one Competitor.
Except with the consent of all competitors still competing in the event: at any time after 2 March 2003, a person who has been contracted, employed, paid or otherwise engaged (paid or unpaid) by a Competitor as a race or training crewmember for a total of 180 or more days may not be engaged (paid or unpaid) by another competitor in any capacity: and at any time after January 1, 2006, a person who sails on a competitors yacht a race or training crewmember may not be engaged (paid or unpaid) by another competitor in any capacity.
Dejected and resigned to his fate Coutts told the NZ Herald; “do we want an America’s Cup to be governed by two guys that all of a sudden get into a back room somewhere and decide to change the rules for whatever reason.” Language aside, Coutts and Kiwi sail making/design legend Tom Schnackenburg (who was let go by TNZ) cannot compete in the 2007 America’s Cup.
April 2007
Uufta! Last time, Greenpeace tried to sink the French ACC Yacht Le Defi Areva, to the chants of arreviderci. Dennis Conner’s new boat, Stars & Stripes did sink! The Kiwi’s secret “hula” hull did its best at trying to imitate a submarine and now the America’s Cup is in Europe, on a lake in Switzerland.
Now, this time Russell Coutts is in court. Shoshaloza hit a whale. Tornados destroyed three boats in France. Conner and the NYYC are out. The Chinese are in and the billionaires have taken control, again!
The America’s Cup Class Boats are “turbocharged” for 2007. Version 5 of the current America’s Cup Class rule allows amendments which should make the boats much faster downwind. The new class was introduced in 1990 and first sailed in the America’s Cup in 1992
The yachts are 80 feet in length and with masts over 110 feet high can carry more than 3000 square feet of sail area.
ACC yachts are comprised of exotic blends of carbon fiber and honeycomb. Different than 12-Meter yachts which used to be pounded and sanded into shape with aluminum, ACC boats are baked in warehouse sized ovens for several weeks before the hulls are cured and the fittings attached.
The fragile nature of the new generation of ACC yachts had become the cause of much concern. One Australia (AUS 35) snapped in two and sank in stormy seas off San Diego in 1995. In November of 2000 the NYYC's entry Young America (USA 53) split in half, but did not sink.
May 2007
As racing started, light winds and a Swiss canting (swinging) keel controversy stole the headlines. Louis Vuitton Cup favorite
BMW Oracle was eliminated by month’s end and CEO/Skipper Chris Dickson was terminated for his overbearing and under achieving performance.
July 3, 2007
Alinghi defends the America’s Cup for its yacht club, the Society Nautique de Geneva (SNG). The Swiss Team beat Team Emirates New Zealand by one second in a thrilling Race 7.
July 5, 2007
SNG accepts an “in house” challenge from Nautico Club Espanol de Vela’s (CNEV) for the 33rd America’s Cup. A controversial new protocol is written.
July 11, 2007
The Golden Gate Yacht Club files a formal challenge for the America’s Cup under the strict terms of the Deed of Gift. The GGYC contend that the challenge from CNEV does not meet the defining criteria in its acceptance as the challenger of record.
July 13, 2007
Longtime sponsor Louis Vuitton withdraws from the event. After 37 years of participation in the America’s Cup as a corporate partner, minting the Challenger’s Cup with a beautiful trophy bearing its name and handling media relations; LV has regretfully bowed out, in large part over disputes with America’s Cup Management (ACM) over the future of the event.
LV spokesman, and former ‘Cup skipper Bruno Trouble offered an open letter citing some of his specific concerns:
Worrying about the future of the Cup by Bruno Troublé
Since July, I remained silent, speechless after the America’s Cup we all love so much, was hijacked. I am shocked to see the defender sailing WITH the challengers (no more of this great mystery at the start of the first final race) and at ACM naming the judges, umpires, and committees with no reference to ISAF. I am sad to see the America’s Cup slowly but surely drifting to become just another sporting event with no class, no respect for tradition, and where money - lots of money - is the only word used by the organizers. I am furious to see the 90-foot box rule. Anyone involved in the America’s Cup knows that the best match racing boats do NOT accelerate from 10 to 20 knots when luffing 10 degrees downwind. They are STUCK in the water the same way the 12s and the IACC were. Do not confuse these fast-accelerating sleds with the impressive looking J’s boats, as the defender has stated.
These new boats might be great racers if you have 30+ boats on the starting line, but they will be hopeless for match racing. You will need two TV sets to watch the race once they round the weather mark! We know this in France, as the 60 feet multihull racing circuit died because of the differences in speed between the boats.
Looking at those races was so boring! The America’s Cup is the passion of my life after spending 30 years living with her (skipper in ‘77 to ‘83 and then with Louis Vuitton from ‘83 until today). But now Louis Vuitton is out, for the time being. It is sad and the Cup will miss this great partner. Being the ONLY permanent body around the Cup for 25 years, LV brought a lot to the event by making it bigger over the years, yet doing it with class and respect. (Remember the A’s Cup Jubilee in Cowes!) They wait and see, hoping that the Old Lady will realize where some people want to take her.
The court decision will force the defender to go back to a more realistic and balanced event. The Challengers will be listened to - hopefully they will gain some more freedom - and ACM might come up with some good ideas without taking over the whole event. This would be a trail in the right direction, if only those that are on it will walk.”
July 20,
The GGYC files legal papers in the New York Supreme Court.
July 23,
SNG rejects the challenge from GGYC.
September 10,
The NYSC grants a court date of October 22nd, for the two sides to present their case.
October 22,
The case is presented before the honorable Judge Herman Cahn.
October 31,
The America’s Cup Management (ACM) releases the new design rule for the America’s Cup Class. The AC 90 is greeted with mixed reviews, but there is widespread general acceptance, In part due to the integrity of yacht designer Tom Schnackenberg as the arbitrator of the new rule.
November 22,
ACM announce the postponement of the 33rd America’s Cup. It was scheduled for Valencia in 2009.
November 27,
Judge Cahn releases his decision. The court concluded that the CNEV challenge is invalid and that the GGYC is the Challenger of Record.
December 4,
The GGYC thru its racing team BMW Oracle release a 9 point amendment to the protocol.
December 12
Open letter from Ernesto Bertarelli: My vision for the America’s Cup
Following discussions this week with both the NYYC representatives and Larry Ellison related to the future of the America’s Cup, Ernesto Bertarelli, President of Alinghi and current Defender of the Trophy, expresses his vision and feelings about the oldest sports trophy in the world.
“Since Alinghi’s successful defence of the America’s Cup in July, much has been said by many and I wish to explain my personal passion for bringing my vision of the America’s Cup to life.
When I founded Alinghi it was all about creating a team to share the passion of sailing through every channel available to as wide an audience as possible. We tried to adopt a fresh and open way of doing things and making part of our base accessible to the public was only one example of the many innovations Alinghi brought to the America’s Cup. I believe this approach was a contributing factor to our success in 2003.
With the Defence of the Cup, we got the opportunity to share this spirit with the whole event. When we began, we set out a clear and innovative strategy focusing on the choice of venue, the set up of a purpose built port, the America’s Cup Park and the Acts as part of our vision of opening the event to as large an audience as possible.
Over six million people attended the event, which for the first time saw the participation of syndicates from five continents. The television coverage extended the reach to over four billion viewers.
The critics who opposed the Acts, the choice of venue, the television production, etc. were numerous and vociferous but the facts proved that the 32nd America’s Cup was a positive turning point for this historical event.
At the same time as realising some of the fascinating aspects of the America’s Cup I also became aware of its weaknesses. The uncertain format of the event meant that teams – and the entire America’s Cup Community – had no future beyond the next Cup.
This leads to teams only surviving one cycle and the whole event needing to recreate itself every three to five years. This results in a substantial increase in costs and difficulty in securing long term sponsors.
For the 33rd edition, the concept was to empower the organisers to implement further innovations without unnecessary disruptions. The proposal to create the new AC90 class with the one boat sailing rule in a two year cycle is a major measure towards managing the costs while creating further excitement and by using the existing facilities of Valencia we had the ideal platform to maintain momentum. This would have enabled the event to prosper and generate greater revenue for the organisers to share with the teams.
The recent events in the New York courts, with the Judge ruling the CNEV invalid because it had not held its regatta at the right time, show the Achilles’ heel of the event and the possibility of its destabilisation through individual actions. Again, as in 2003, our vision has received criticism from those reluctant to change. I stand by one of the principles of the Cup: the Trustee, with the Defender, has the responsibility for the governance of the event and to implement changes which will allow it to prosper.
With a view towards the future and having studied the rules of the Cup I observed that the Deed does not actively promote parity for the teams and a long term future of the event.
In October of this year I went to New York to start a dialogue with the New York Yacht Club to examine what enthusiasm there was to make the event more relevant to today’s sporting landscape. The Deed of Gift was, after all, written over 150 years ago at the NYYC and could not anticipate the changes that the world has undergone. I was not expecting the discussions to be completed swiftly but I was thrilled when Charles Townsend, Commodore of the NYYC and George W. Carmany III, Chairman of NYYC America’s Cup Committee, expressed the same feelings.
It is fair to say that the 33rd America’s Cup has been ill-fated and I have a desire to make it right. The fastest way to achieve this objective would be for the Golden Gate Yacht Club and the Société Nautique de Genève to work with the New York Yacht Club on revising the Deed of Gift to make it appropriate for today without losing what makes the America’s Cup special. As part of this process I am happy to compromise on some of the Defender’s rights to achieve what is best for the event.
In effect, I raise the following questions:
- Should the Defender automatically be qualified for the final AC Match or should all teams start on equal
footings?
- Should the schedule of venues and content of regulations be announced several cycles in advance
allowing planning and funding?
- Should the governance of the Cup become permanent and be managed by entities representing past
and current trustees as well as competing teams?
Over the weekend I spoke at length with Larry Ellison explaining our proposal and I was pleased that he was very supportive of the principles in the proposed changes.
Based on these principles it is my intention to work towards a renovated America’s Cup to take place in Valencia and to be raced with the certainty that the event cannot be disrupted to meet individual requirements to the detriment of those willing and able to compete.
If this revision of the governing documents of the America’s Cup cannot be achieved, we will have to accept the GGYC challenge under the Deed of Gift.”
Ernesto Bertarelli President of Alinghi Defender of the 33rd America’s Cup
December 29
GGYC Now Committed to Deed of Gift Challenge
The Golden Gate Yacht Club (GGYC) said today it will compete for the next America’s Cup according to the basic rules of the Deed of Gift, and will seek to have an upcoming Court Order confirm the regatta for October 2008. “It is time to move on and know where we stand,” Russell Coutts, CEO of the club’s BMW ORACLE Racing team, said. “We had hoped to negotiate a conventional regatta under the Deed’s mutual consent provisions. But the Defender has made it clear to us and the America’s Cup community that they will not negotiate.
We are now fully committed to a multihull event in 2008. “If we are able to win, and Valencia and Spain are supportive, we would return to a conventional America’s Cup regatta in Valencia in 2011 with fair and transparent rules agreed with the challengers by mutual consent,” he said. On January 14th the New York State Supreme Court will review the Court Order to give effect to its November 27th ruling in favor of the GGYC. The club wants to have the Deed of Gift regatta as soon as possible and has asked the Court to provide for this. The club has made a number of attempts before and since the Court’s November 27th ruling to negotiate a conventional regatta, but the Defender has declined on each occasion to take up these offers. From BMW Oracle
From Alinghi:
Simpson Thacher & Bartlett LLP, New York attorneys for Société Nautique de Genève (SNG) filed a motion to renew and reargue in front of the court in the case opposing GGYC and SNG on the 33rd America’s Cup.
Lucien Masmejan, lead counsel for the SNG, responds to few questions allowing a better understanding of why this has been done. Why are you filing this motion to the judge? In substance, we have seen the CNEV rejected as Challenger of Record because of the date of the holding of their annual regatta. The judge appointed then GGYC as Challenger of Record without further instruction, but no one – including the judge - brought its attention on the fact that GGYC challenge was not receivable due to a major flaw in their boat certificate, a key document as per the Deed of Gift. Furthermore it is our conviction –and also the opinion of the highest Court in the state of New York- that New York courts should not interfere with the complex rules associated with organizing and administering the America's Cup. It would be best leaving this to the sailing community. What is the purpose of the boat certificate and what actually is wrong with GGYC certificate? The purpose of the boat certificate is to give the Defender a precise idea of what the challenging boat will be in order to prepare its Defence. The history of the Cup has shown how important was the adequacy of the certificate with regard to the validity of the challenge.. Now, the document submitted by GGYC describes a keel yacht, which is by definition a mono-hull, with a size of 90 feet X 90 feet. We want to make sure this is the boat they would show up with and not a multi-hull, or their challenge would deem to be invalid. What would then happen? Assuming CNEV would no longer be the Challenger of record and GGYC Certification proven defective, other challengers would then have priority over GGYC as Challenger of Record. The list of competitors has now no less than 12 challengers who entered before the deadline of December 15. All these competitors are looking for a multi challengers competition along the lines of the Protocol and the Rules and Regulations presented in November and that they committed to. What is your ultimate objective and why such a procedural process? Our objective is quite simple and we recurrently expressed it. Have a 33AC with a multi challengers’ selection series in AC90 Yachts. As the date cannot be 2009 anymore, we would be looking towards 2011.To answer the second part of your question, I would reiterate that we are not the ones who chose the legal path. Now, we simply continue the process, so the GGYC has to comply with the same level of details they required from CNEV.
January 23
From Alinghi
Judge Cahn considers SNG’s arguments on invalidity of GGYC challenge23-01-2008 New York State Supreme Court Justice Herman Cahn heard arguments today over whether the Golden Gate Yacht Club has put forth a valid Deed of Gift challenge for the 33rd America’s Cup to its current holder, the Société Nautique de Genève and its team Alinghi. “We were glad to make our points and found the Court receptive to our arguments," said Lucien Masmejan, lead counsel for the SNG. "We look forward to a court order properly addressing the issue of the validity of the GGYC challenge." Justice Cahn allowed the SNG to further examine arguments put by the GGYC and invited SNG to present additional submissions on Monday on these issues, including on the definition of a keelyacht versus a multihull. SNG’s submissions will be supported by the interpretation from the International Sailing Federation which was presented to the court. A result in SNG’s favour would put the 33rd America’s Cup back on track with a multi-challenge event in 2011 in Valencia, Spain. As Defender of the America’s Cup, the Deed of Gift gives Alinghi and SNG, as trustee, the serious responsibility of preserving the integrity of this world class sporting event.
From BMW Oracle
Justice Herman Cahn of the New York State Supreme Court today held oral argument on SNG/Alinghi’s plea to rethink his decision of November 27, 2007 in which he declared Golden Gate Yacht Club (GGYC) the valid challenger pursuant to the America’s Cup Deed of Gift. GGYC argued that Justice Cahn’s decision was correct in all respects and there is no basis for the court to reconsider it. "We remain confident that the court will maintain its earlier decision despite SNG/Alinghi’s apparent procedural attempts to delay," Tom Ehman, GGYC’s spokesman said. "We expect that Justice Cahn will soon issue an order setting October 2008 as the dates for our match, and we look forward to getting the Cup back on the water."
March 6
How to save the America's Cup by Vincenzo Onorato.
“I have received numerous requests to intervene, also in the light of the ruling passed by New York Supreme Court. Over the past few years I believe I have been quite restrained in commenting on the difficulties facing the Cup. You'll have noticed that I wrote Cup with a capital "C", and this is indicative of my respect and my passion for sailing and for the America's Cup in particular. We undoubtedly now find ourselves in extremely choppy waters, and it is therefore important to chart our position before plotting our course. The whole problem stems from the protocol drawn up by Alinghi for the 33rd America's Cup which was presented at the end of the regattas in Valencia. This affirmation might appear a trite observation but, as time has passed, I have become increasingly convinced that very few people, including journalists have taken the trouble of reading this document. Whoever has done so with a minimum of attention, but with a sense of humour, will not have been able to hold back a smile, because this is a document designed to regulate a competition which totally lacks any sense of fair play: Alinghi claims the right to choose, at its sole discretion, the regatta judges, the committee, the umpires and themeasurers, even going so far as to state that they must be its employees; in short, it unilaterally lays down the rules of the game. Alinghi, again at its sole discretion, claims the right to accept a challenge or to penalise a rival. There were some who realised this immediately: it was immediately challenged by the seven teams who, a few days after the protocol had been published, signed a letter of objection (Oracle, Mascalzone Latino, Team New Zealand, Germany, Victory, K-Challenge, Luna Rossa); it was challenged by the historic sponsor of the challenger selection series, Louis Vuitton, who announced, in a press release dated 13 July 2007, its withdrawal on the grounds that it did not agree with the rules for the 33rd Cup. To underline Alinghi's complete lack of respect for the role of "trustee", as sanctioned by the "Deed of Gift", the central document on which the regulatory framework of the event is based, it elected as "Challenger of Record" the Spanish Nautical Yacht Club, a non-existent club with no history or members, essentially a sleeping partner that would have given it complete and unconditional control of the event.
Alinghi's team worked hard in the aftermath of Oracle's legal action brought before the Supreme Court of New York to cry scandal and present itself to the whole world as the poor victims attacked by the American bear which had in effect blocked the event by bringing it before the courts. It is worth dispelling any misconceptions on this point: the Cup was effectively brought before the Court by Alinghi, with its ignominously unsporting protocol. Oracle's legal challenge was a courageous salvage operation of the oldest sports trophy in known history. This explains why, here at Mascalzone Latino, we supported Oracle at the Supreme Court of New York with our "amicus brief". Alinghi's media-oriented defence was to state that the other challengers, including Team New Zealand, had been ready to accept the protocol. Today, after the action filed by Team New Zealand, what we already knew has come to light: Alinghi took advantage of the extremely weak economic position in which most of the teams found themselves to impose its own will.
It promised cash to Team New Zealand in the form of waiving registration fees and even going so far as to offer an option on Oracle's base! To sum up, Alinghi's plan was to control the Cup and its challengers in order to guarantee its subsidiary, ACM total economic control of the event. In this context, Alinghi's terse comments seem completely superfluous when it recalled how, in the past, it was the Americans who created the culture of the defender's privilege. The actions taken by the American defenders were childish attempts compared to the complex plot woven above all by Alinghi. The Americans from New York Yacht Club were motivated solely by a deep sense of pride and privilege in keeping the Cup in the States, not for base economic motifs! This brings us to the second aspect of this affair, the economic and commercial side. It is my opinion that the money offered by sponsors should be used to fund the event. I keep my work, which brings in my bread and butter, separate from sailing and I believe that the other businessmen leading the syndicates should do the same. Therefore, I do not agree with Alinghi's avidity, which unfortunately is not even backed by an intelligent commercial strategy. One particular detail has escaped most people: Louis Vuitton decided to back out of the Cup before and not after the legal action brought by Oracle before the Supreme Court of New York. When I think of the America's Cup,
I automatically think of the Louis Vuitton Cup. The two are inseparable, not only blending tradition but also class and culture. They backed out and walked away, on tiptoe, with the good breeding characteristic of those who work for the French company. Given that I had the pleasure of meeting them, I know how much it cost them to abandon the event, the selection of the official challenger, to which only their brand and no other had succeeded in giving such a profound sense of identity. Incompatibility with Mr Bertarelli's vision. This was the gist of the brief comments they made. Losing Louis Vuitton is further proof of the total lack of culture and respect for tradition shown by the top management of Alinghi in handling this event. Above all and paradoxically, it is an intellectual shortfall without precedent in the Cup's history. As if that were not enough, it is also an irreparable error of marketing: the Cup today is an enormous industry funded by major sponsors and a few tycoons. It is an enormous engine driven - in media terms - by glamour, status and tradition. Losing Vuitton has created a culture of suspicion among the sponsors and Alinghi's decision to take the Cup to court has effectively brought this enormous engine to a halt. Let's come back to the story and to the work I have done in the past few months, since the end of the Cup.
I spent the entire summer of 2007 in a vain attempt to broker a settlement between Oracle and Alinghi. I knew that a sure-fire way of losing all the sponsors was to take the Cup to court and I wanted to avoid this.I established contacts with Oracle in order to discuss our points of view. Contrary to Alinghi's declarations, I found Russell Coutts very willing to talk. Oracle's primary motivation was the same as Mascalzone Latino's: to achieve an honest and reliable competition. So I drafted a protocol that broadly speaking included the same rules that governed the 32nd Cup, specifying that, in order to cut costs, the same yachts would be used as in the last event and the use of the new 90ft A.C. class would be postponed until the 34th Cup.
In the meantime, the challengers would jointly draw up the new class rules, which would not give such unfair advantages to the defender. I obtained - I have to confess, to my great personal satisfaction - an informal guarantee from Oracle that if my draft protocol was accepted by Alinghi, they would immediately withdraw their legal action pending before the New York Supreme Court.
The Cup would be saved, and also the date of the event and the economic interests of the city of Valencia. Then I presented the protocol to Alinghi, who did not even have the good manners to reply with a "no thanks, we're not interested."In the autumn, Oracle proved all too ready to negotiate with Alinghi, to the point of accepting almost all the points imposed in the much discussed protocol, only to be turned down again with a scornful refusal. At Mascalzone Latino, although we had not been summoned to appear before the Supreme Court, we joined the proceedings and presented a document summing up our position: in short, this stated that Alinghi's protocol had completely distorted the key principles of the Deed of Gift and the universal principles of fair play. During those hot autumn days, I also had a feeling that an Italian challenge was being prepared simply to exclude us from the Cup, once and forever. Alinghi had declared that it would probably accept only one national challenger.
So we launched our challenge, following the dictates laid down by the protocol. We also had to demonstrate the existence of the Reale Yacht Club Canottieri Savoia, at its third challenge in the America's Cup and with a one hundred year-old history to its name! Alinghi was a little less precise with its Challenger of Records, the "Club Nautico Espano de Vela" which could only claim to have been in existence for a few hours... Since the start of this letter, I have given Alinghi credit for the fact that the affair has an underlying sense of comedy, although this is probably unintentional. Following the launch of the challenge, ACM sent us an invoice for fifty thousand euros which we paid immediately. Are we perhaps the only ones to have done so to date? They replied in writing that they would accept our challenge only if we withdrew our declaration filed with the Supreme Court of New York. This is not required by the protocol, but it is clear that Alinghi writes and rewrites the rules to suit its needs. I answered by reminding them that a citizen accepts the laws even if he doesn't agree with them and that in a democracy there is freedom of speech and criticism. The simple metaphor was not understood.
ACM/Alinghi replied by claiming a public abjuration. It would have been pointless to remind them that the last Italian forced to make such a strong retraction was Giordano Bruno, in medieval times under the Holy Inquisition... It's a harsh precedent that will weigh on the future of the Cup and those who love sailing, but leaving irony aside, we must seriously consider that this event has been profoundly damaged by Alinghi. The sponsors have disappeared and people are tired of all these controversies. The best solution now would be to hold the multi-hull challenge between Oracle and Alinghi, even if, yet again, the latter try to delay the event using every possible tactic. For the survival of the America's Cup, we must hope that Oracle wins, and after that we'll have to roll up our sleeves and work hard. In my humble opinion, the first step must be to reinstate Louis Vuitton.
The French company is not only a sponsor, the Sponsor, but is also and above all the leitmotif of a long history that has survived to the present day and must continue into the future. The event can be saved, and it could be held in 2009, or in 2010 at the latest, but to achieve this it is important to acknowledge the weak situation of the event. It would be best to use the yachts from the last Cup for three good reasons:- To curb costs at a time when all the teams are struggling to survive. Permission should only be given to build one latest generation hull.- By using the existing fleet, the event could be held within a few months, without requiring enormous economic and organisational efforts, and this would also leave enough time to study the new 90ft A.C. class for the 35th Cup.- Last but not least, from a sporting point of view: anyone who is a yachtsman knows that regattas are great when they are "close". The yachts in the last Cup had very similar speeds and the best thing about the last Cup was that we watched some very hard fought and spectacular races.
We don't want to do without those, do we? Personally, I am making enormous economic sacrifices to keep an organisation going that will allow us to race in the next America's Cup with dignity and sportsmanship. I am profoundly saddened about what has happened to this event, but I am a sailor and my experience as a yachtsman is based above all on Farr 40, M30, RC 44 and now also on Melges 32 Many have lost that spirit of enthusiasm for sailing or perhaps they never had it, but it is from this that we must start afresh...
”Good sailing to you all, Vincenzo Onorato
March 17
A letter to Judge Cahn
To The Honorable Judge Cahn,
Dear Sir,
I wanted to drop you a quick note thanking you for your infinite patience in your ongoing hearings involving the Golden Gate Yacht Club (GGYC) representing BMW Oracle and Alinghi’s Societe’ Nautique de Geneva (SNG). Whoever thought the Swiss could be so contentious? Oh, that’s right Alinghi chief Ernesto Bertarelli is Italian, hence the dichotomy. Your thoughtful introspection into the divisive litigation over the 33rd America’s Cup has proved once again that the Deed of Gift stands on its own merits as a brilliant, timeless document that has proved resolute against all takers and remakers. The New York Supreme Court has shown once again that they are the true and rightful arbitrators of yacht racing’s “Holy Grail”. Juxtaposition aside, it is time to close the door on the silver spooning between BMW Oracle’s Larry Ellison and Bertarelli. As the Deed implores; the America’s Cup “is donated upon the condition that it shall be presented as a perpetual Challenge Cup for friendly competition between foreign countries.” In this case, with all the time and effort that you dear sir have spent on the continuing litigation, combined with the New York Court of Appeals providing a definitive America’s Cup roadmap in their ruling on the Mercury Bay Boating Club vs. San Diego Yacht Club in 1990. The time has come to close the door, in lieu of mutual agreement and order the parties to proceed with next America’s Cup or to revoke the charitable trust on the grounds that SNG/Alinghi has not upheld its obligation as current trustee. Honorable Sir, you and your colleagues have rightfully upheld the literal reading of the Deed and rather than having the parties concerned, return to your court every time they need an interpretation of every word in the document, be it “having”, “keel boat” or “when” and “where” it is time to direct the parties to mutually agree or forfeit. If SNG or GGYC cannot come to an agreement on the simplest of terms, the America’s Cup should be returned to the New York Supreme Court and placed with it’s original owners the New York Yacht Club (NYYC). The NYYC can implement the new class rule or a “version six” of the current America’s Cup Class and establish a new protocol for races to commence in Valencia, Spain in 2011.Leading up to the next America’s Cup can be a series of “Acts” which could include stops in Great Britain, Italy, South Africa, Asia and America. SNG and GGYC could be permitted to compete if they were willing to legally comply with a strict set of conditions. As to SNG and GGYC, it is time to settle this like sailors, on the water. With no legal “tolling” in place, the dates of the match were set in GGYC’s challenge for July 4, 6 and if necessary July 8th , 2008. In your ruling of March 17th you were very clear in emphasizing that; “Contrary to SNG’s assertion, that parties wound up entangled in legal proceedings, which “interrupted” the 10-month period (notice given for match by challenger, GGYC), does not invalidate the Notice of Challenge.” With no legal “tolling” (timeout) agreement in place and in spite of BMW Oracle’s own internal toll timeline of 30 days after your court ruling of November 27, 2007, when on December the 29th they announced a commitment to a Deed of Gift challenge and proclaimed race dates 10 months hence in October of 2008, nothing precludes or interrupts the fact that the challenge was set for July of 2008. For Alinghi, it is time to realize that they still have tremendous advantages as the defender. You can be 99% certain of what type of multi-hull BMW Oracle has designed and for what conditions it was built for: hint hint it’s not for heavy weather. Also as the Deed declares: “if of one mast”…… So, Ernesto man up and start building. To the “Ecstasy of St Theresa”, take a page from your own families’ past, when Serano’s founders took the initiative and started extracting urine from all those nuns to start what became; your business. You can build one, two, five new boats. You do not have to declare your defender until the starting line. The boat the BMW Oracle is building is the one they have to race with and isn’t time to demand that “custom-house” registry? That is where MBBC was handicapped with the construction of their monstrous mono-hull, when SDYC declared a catamaran defense the Kiwis were stuck, dead in the water. In conclusion Honorable Sir, your rulings and words have done honor to the living, breathing Deed of Gift, but it is time to put a stop to our journalistic pontificating and the parties’ concerned endless trail of litigation. Order a stop to the march to madness, enforce the dates of GGYC’s challenge, demand a site declaration and as Peter De Savary so aptly put it twenty years ago the last time we were faced with a nexus of litigation: “San Diego, (insert SNG) doesn’t have to do anything but set a course on the water and then get the hell out of the way.” If world class race winners Sayanara and ABN Ambro can fender up to the Arnold Lines coal dock in Mackinac Island, Michigan then anything that BMW Oracle and Alinghi build can show up to race anyplace, anywhere just not anytime….. In the words of the Honorable Judge Sol Wachtler, who concurred with the majority in the New York Court of Appeals ruling in MBBC vs. SDYC when he wrote: “This case has little or no significance for the law, but it has caught the public eye like few cases in this court’s history. Much of the reason for this attention, apparently, is the supposition that here at stake are grand principles – sportsmanship and tradition – pitted against greed, commercialism and zealotry that threaten to vulgarize the sport. In the end, however, the outcome of the case is dictated by elemental legal principles.
”Sincerely, Mark W Reid
April 2, 2008
From BMW Oracle
The Golden Gate Yacht Club (GGYC) said today (April 14, 2008) that further legal attempts by the defender (Societe' Nautique de Geneva, Alinghi) to delay the next America’s Cup Deed of Gift match are regrettable and the club will be doing everything it can to ensure the event remains on track.
“Buried within the legal language of this press release it appears clear that the defender is unsatisfied with Justice Cahn’s decisions and now intends to file an appeal,” Tom Ehman, the club’s spokesman said today responding to a press statement issued by the defender who have filed further papers with the New York State Supreme Court.
From Alinghi
America’s Cup Defender changes jurisdiction to secure a competitive Match in 2009 The Société Nautique de Genève (SNG) has today announced that it proposes to file an immediate appeal with the New York Appellate Court in order to accelerate the current legal process to return the America's Cup to the water with a competitive race. The intransigency of Golden Gate Yacht Club (GGYC) since the day they filed their law suit has forced SNG to move the case to the next level in the New York legal system. In an attempt to obtain a swift resolution to the current uncertainty, an expedited process is being requested together with a motion to stay the case, this in order to suspend the implementation of Justice Cahn’s previous order until the Appellate Court rules. In line with standard legal practice, if the motion to stay and the expedited appeal process are granted, the Appellate Court could issue an order before the end of the June term enabling the competition to take place in accordance with the Deed of Gift, approximately 10 months later. Lucien Masmejan, SNG’s lead counsel, explains: “Our sole objective is to race in a competitive America’s Cup Match. We have stated our desire for a fight on the water sometime after May 2009, but GGYC continue with the destructive strategy that has already eliminated all other challengers. They also refuse to provide the required information on their boat so in order to have a competition in 2009, worthy of the America’s Cup, GGYC’s obstructive tactics leave us no choice but to appeal to achieve our objective.” “We believe that the precedent set by the Mercury Bay Case in the eighties is supportive of the content of our appeal and look forward to the Appellate Court resolving matters in a timely manner.”
Q&A: Lucien Masmejan, SNG lead counsel, explains last legal actions
Following today’s filing of a notice of appeal and pre-argument statement, and anticipating tomorrow’s subsequent motions for stay pending appeal, expediting appeal and expedited relief, we have prepared the following insights into the actions that SNG has taken.Why have you appealed? Our goal is to have it decided on the water and have a competitive America’s Cupin 2009. We are in the process of appealing and filing a motion to request an expedited appeal and to stay the case in order to attempt to fast track the legal process. We have spent eight months engaged at trial court fighting a law suit brought by GGYC to force their way to the America’s Cup Match at the expense of 12 other challengers. Justice Cahn’s order dated 17 March 2008 left key elements unanswered, including the dates for the event. Since then, we had a hearing with Justice Cahn but we still have no certainty as to the ruling. We are now less than 3 months from the dates indicated in the original GGYC challenge and we still do not know when the 10 months notice has started and which will be their boat. In that respect, the Challenge submitted by GGYC on 11 July 2007 does not supply the information prescribed in the Deed of Gift and is not only ambiguous but also contradictory in places. GGYC are now tactically withholding the custom-house registry and vital technical information regarding the boat that they will challenge with from the defender. This tactic is against the terms of the Deed of Gift and most certainly in contrast with the intentions of George Schuyler.What are the next steps? Today, Monday 14 April, we have filed a notice of appeal and pre-argument statement with the New York Supreme Court. Tomorrow, Tuesday 15 April, we will file a motion for stay pending appeal, a motion for expediting appeal, and for expedited relief.We have proposed a timeline that would lead to oral arguments being heard before the end of the June 2008 term to move to a final decision as rapidly as possible.We are conscious that time is a priority and we want to make sure that the 33rd America’s Cup takes place in 2009. We are committed to resolving the current litigation as quickly as is practicable.What does it mean to file a motion for stay pending appeal and a motion for expedited relief? Motion to stay pending appeal means that, if granted, the implementation of any previous order is suspended until the Appellate Court rules. Motion for expedited relief is the fastest possible procedure when the case requires urgent ruling.What do you think your chances of a successful appeal are? Precedent would suggest that our chances are good; the trial court judgement was overturned in the Mercury Bay Case of the eighties. At the Appellate Court the case is heard by a panel of judges. We believe that the opportunity to present our case to a panel of Judges and the opportunity for them to discuss the merits and complexity of the case will lead to a positive outcome.Why do you appeal before Justice Cahn issues the Order stating the dates as requested in the 2 April 2008 hearing? We want to defend the America’s Cup in a competitive and compelling match and to do so we need to have sufficient time to build a competitive boat. The deed of gift entitles us to a full 10 months notice period, which we want to protect in the best interest of the competition. The legal advice we received indicates that appealing now offered us the best chances of ensuring this outcome.Does this appeal mean that the sailing program at Alinghi will stop? Absolutely not. We have a comprehensive program planned for the season that is a blend of competitive multi hull and large mono hull racing to ensure we are prepared for all eventualities. We are looking forward to launching our sailing program along with presenting the new sailing team and design team members to the media at our base in Valencia on 24 April 2008.
April 14
As it stands:
If the SNG does not accept the amended protocol from the GGYC for mutually accepted terms for the next America’s Cup the two yachts clubs will race in 10 months time under the strict terms issued by the deed of gift. This could include racing in a best of three series in an almost anything goes nautical war of the worlds between monolithic foil shaped 90 ft. multi hulled trimarans.
The Trophy
The America’s Cup trophy is a very ornate hollow silver gilt ewer that has been layered over the years to include recent winners and defenders of yachting most prestigious event. It was originally 27 inches in height, 36 inches around in its circumference and weighed in at 134 ounces. It was originally called the Royal Yacht Squadron Hundred Guineas Cup.
The ‘Cup was forged in Britain in 1848 during the Age of Queen Victoria by the prestigious Garrard Company. Some of the original syndicate members suggested melting down the trophy to create silver medals.
Legend has it that a butler retrieved it from the trash during a move before it finally landed back at the New York Yacht Club’s downtown Manhattan clubhouse for its rightful place in its trophy room. Tiffany’s removed its bottom in the 1880’s so the trophy could be secured in its case.
The NYYC lost the America’s Cup in 1983 to the Royal Perth Yacht Club and the trophy has changed hands several times over the last 25 years. After surviving a severe sledgehammer bashing by an indigenous Maori protestor in New Zealand a decade ago, it was returned to the capable hands of the silversmiths at Garrard’s who repaired the trophy free of charge.
Getting out on the town after all that time locked down in a bank vault, the “Auld Mug” has spent the last few years with a bit of a party glow as it is parading about Europe and around the world in an effort to bring the event into the 21st century.
The America’s Cup now resides in Geneva, Switzerland at the Societe’ Nautique de Geneva where it awaits it fate in the New York Courts System.
Posted by Mark Wharton Reid at 9:17 AM 1 comments
Wednesday, April 23, 2008
I promise not to ...
Words spoken in the heat of..... battle, passion, haste, appeal, to soon, to and from journalists, etc etc....
In case you've visited here before the sites from the Golden Gate Yacht Club (ggyc.com) or Societe' Nautique de Geneva (alinghi.com), I suggest you log on over and get ready for some semi-serious reading. As you will no doubt discover, most of what you are reading you have read before.
But, in the Petrocelli Affirmation, their are some pages from the Honorable Judge Carmen Ciparick's decision to toll in the SDYC vs MBBC case in 1987. Definitely the best read of the day.
Before this nightmare is over, expect that Judge Ciparick will again be featured prominently from her words from twenty years ago and possibly from her words yet written. There is more to this than just the final ruling by the NY Court of Appeals from March of 1990.
Anyway, as I began, unless the Appellant Court quickly rules on this and the Honorable Judge Herman Cahn clamps down some ironclad race dates in granite, expect that despite what he says, that Ernesto Bertarelli has exercised his nuclear option to keep this in court for the next several years.
Unfortunately this case is going nowhere but up the ladder from NYC to Albany and in the end........"the love you take is equal to the love you make"
Posted by Mark Wharton Reid at 7:56 AM 0 comments
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From Alinghi
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Timeline
I promise not to ...
its happening again.....
From BMW Oracle
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Letter to Judge Cahn
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You’re so Vain”…..and you know who you are. (redux...
History of the America's Cup (Brief)
Crossing my "t"s and dotting my "i"s.
From Alinghi
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America's Cup
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Vacation.....Not!
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From BMW Oracle
From Alinghi
No News is.... No News.
From Alinghi
From BMW Oracle
What Goes Around, Comes Around
From Alinghi
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America's Cup
Equal Time
Congrats Illini!
From Alinghi and America's Cup Management Inc.
From the Golden Gate Yacht Club
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Merry Christmas
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In 1 Day
Be Careful of what you wish for....
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A little Laundry
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Dec 4, 2007
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The Deed of Gift
About Me
Mark Wharton Reid
Marine on the St. Croix, Minnesota, United States
This site is an America's Cup news & editorial blog. My greatest joy is spending time with my son, when he is not gaming online. My interest in sailing extends to events I have covered or attended from Newport, to Mackinac Island, and over to San Francisco and Honolulu, Hawaii. I wrote for Longitude 122 and published the newsletter 12-Meter Update. During that time I provided updates on racing activities to different newspapers, yacht clubs and media outlets. My experience extended to presentations and lecture formats delivered to corporate sponsors & yacht clubs. Our subscribers included: the New York Yacht Club, Sports Illustrated, Louis Vuitton, the Mystic Seaport Museum, Nautical Quarterly and Sail. Copies of my book Frontrudder, which chronicles the week to week activities leading up to the 26th America's Cup are available to order, by contacting me at markwhartonreid@gmail.com. I enjoy going to the Indy 500 every year, spending time on Mackinac Island and hiking along the Superior Shore trail, near my home. My interests include camping, sailing, downhill skiing, marathon running, the Chicago Bears & Illini sports. HAIL TO THE CHIEF!
View my complete profile
Monday, May 12, 2008
New York Courts Rule. Appeal Likely
Judge Herman Cahn finalized his court order today. In a bit of a shocker he temporarily gave the Societe Nautique de Geneva (SNG)representing Alinghi a bit of a lift, ruling that the match should commence 10 months from today.
Apparently the Judge had his own toll in place. Though BMW Oracle has not announced it as yet, they are certain to appeal. The America's Cup is a challenger driven event and this ruling clearly gives the advantage back to Alinghi, whose delay tactics have clearly paid off....for now.
Judge Cahn has ordered an America's Cup match for March of next year. This means that Alinghi will have to defend in the Southern Hemisphere, if the ruling stands. Off the cuff, Capetown, South Africa and Auckland, New Zealand would appear to have the inside track for hosting the next America's Cup.
Team Shosholoza has displayed loyalty to SNG throughout the litigation and has been financial supported by Alinghi Team owner Ernesto Bertarelli.
For New Zealand, this would seem to be a way to appease the Kiwis, who are suing Alinghi for breach of contract. Perhaps an Auckland defense would be an olive branch.
Anyway, for BMW Oracle this is a major defeat and it would appear that the four corners of the Deed are in their favor. Clearly no official toll was in place, since Alinghi rejected original terms last September. In their brief to the Appellant Court, BMW Oracle included language about the 10 month notice of challenge.
Clearly, this is not over and expect further fireworks before the June hearing date.
Stay tuned.....
Posted by Mark Wharton Reid at 10:40 PM 0 comments
From Alinghi
Justice Cahn from the New York Supreme Court today ruled in favour of the Société Nautique de Genève (SNG) – represented by Alinghi, Defender of the America’s Cup – ordering the Deed of Gift Match brought by the Golden Gate Yacht Club (GGYC) to be raced in 2009.
Lucien Masmejan, lead counsel for the SNG, comments: “We are pleased that Justice Cahn has issued this order and recognised within his decision that it was the actions of the GGYC that brought the America’s Cup to court and that depriving SNG of the 10-month notice period mandated by the Deed of Gift would be inequitable.
“This 10-month notice period should commence when there is a final decision regarding the propriety of the GGYC challenge and fully taking into account the Northern Hemisphere window as indicated in the Deed of Gift. This means that the Match cannot take place before May 2009.
“Several issues still remain unresolved. Among these, the GGYC certificate is critical, as it is unclear and contradictory. Since GGYC refuses to provide us with the information required in the Deed of Gift, we are forced to continue with the legal procedures that GGYC started by bringing the America’s Cup to court."
Posted by Mark Wharton Reid at 10:40 PM 0 comments
From BMW Oracle
New York Supreme Court Judge Herman Cahn orders date and venue for America’s Cup.
Today the New York State Supreme Court issued an order that the next America’s Cup match should take place in March next year, ten months from now, and that the Defender should disclose the venue six months prior to that. “We are pleased that the Court has advanced the process and required the Defender to confirm the venue,” Golden Gate Yacht Club spokesman Tom Ehman said. “We will now be considering the order to determine our next steps.”
Posted by Mark Wharton Reid at 10:36 PM 0 comments
Wednesday, May 7, 2008
On and on we go. Where it ends, nobody knows...except.
With all the latest ruminating by the legal powers that be, it appears that the reality show the 33rd America's Cup has become, is being thrown into an eternal spin cycle by lawyers without end.
Not one damn thing can be decided by the two competing factions, without the specter of litigation. All because of the fact that thru an attempt at mutual agreement last December, for the most part the Golden Gate Yacht Club and the Society Nautique de Geneva could not agree about whether one or two of the new AC 90 Class America's Cup boats should be built.
Ninety-five percent of the bullshit Protocol for the 33rd America's Cup seemed to be acceptable to the warring factions. New York Supreme Court Judge Herman Cahn should return to that moment in time and order binding arbitration on the infamous 9-point plan. He should declare that upon resolution of the protocol that the dates for the next America's Cup should be in 2011.
1] On the issue of the AC 90, 2 boats should be permitted for no other reason than for safety's sake. To figure out the wherewithal to race, tack, jibe and hit the starting line with these new boats, you need to learn how to mix it up and scrape some paint without killing your opponent or yourself.
2] If money is the big concern, put on a financial cap of 100 million dollars per team with a rebate kicker back to the lesser funded teams if you exceed the cap.
3] Appoint a neutral America's Cup arbitration panel to be chosen by the former Trustees of the America's Cup. The panel will arbitrate disputes and appoint race officials.
4] All competing YACHT CLUBS should be held to a higher standard and meet the minimum qualifications of the Deed of Gift. That means by 2011 you have 3 years to hold an "annual" regatta. If you need a sponsor call your local beer or rum distributor.
5] To the New York Supreme Court: Don't answer your phone. Get caller ID and if anyone representing an America's Cup Syndicate or Yacht Club calls; ban them permanently from competition.
It is time to stop the spin cycle, step back and return to basics. I'm sure that with summer approaching in New York City there will be plenty of ambulances for all these attorneys to chase.
Posted by Mark Wharton Reid at 8:28 AM 0 comments
Monday, April 28, 2008
Sports Bar America's Cup
Try this one on for size, during an interplay of a sports converse, being asked hey, what’s going on with the America’s Cup?” Sum that one up in a moment or two without either completely gaining or losing an audience. This is either a two minute short answer or a twenty minute layered monologue. Hence a time line of events.
In a brief summation, the America’s Cup is currently held by the Geneva Yacht Club in Switzerland. They won the America’s Cup in New Zealand in 2003. The yacht Club chose Valencia, Spain to host the 2007 America’s Cup. Valencia is located on the Mediterranean Sea and is one of the world’s oldest ports. The racing must take place on the sea, or an arm of the sea.
Last year, in Valencia the yacht club was represented by its sailing team called Alinghi. The word alinghi was made up as a child by the owner of the team, billionaire Ernesto Bertarelli.
Alinghi beat Team New Zealand 5-2 in one of the most exciting America’s Cups in history. After the series was over, the Geneva Yacht Club drafted the rules for the next America’s Cup. With the help of the Spanish Sailing Federation, they created a phantom yacht club to agree to bogus new rules and represent any challengers, who might be interested in racing for the right to face to Swiss in an America’s Cup finals in 2009.
After the new rules were announced, the Golden Gate Yacht in San Francisco, California objected and issued a challenge of their own in accordance to the rules that govern the America’s Cup, called the Deed of Gift. The Deed of Gift was drafted by the owners of the yacht that won the first Cup race in 1851.
In 1887 the America’s Cup was deeded in a charitable trust to the people of the State of New York. Any legal disputes that arise involving the America’s Cup must be resolved by the New York Court System.
When the Golden Gate Yacht Club objected to the new rules they sued the Geneva Yacht Club in the New York Supreme Court. The issue now stands before a judge and we are all awaiting his final ruling.
It is possible when the final ruling is made that the next America’s Cup may take place later this year or early next year in giant multi hull boats. So, in very simple terms; that’s the way it is.
Of course to most people, the America’s Cup hasn't been on sport's radar since Dennis Conner lost the Cup and then won it back in the 1980’s. What makes this next court generated race so compelling is that the majority can't recall anything about all the America’s Cup races that took place over the last twenty years, but they do remember Dennis defending the ‘Cup in a catamaran.
What goes around, comes around.
Posted by Mark Wharton Reid at 12:06 PM 0 comments
Timeline
A Brief History of the America’s Cup.
The original contest for the One Hundred Guinea Cup took place off England's Isle of Wight in 1851. The contest was won by the yacht America, against 18 British challengers. Aboard, was Commodore John Cox Stevens, who later presented the trophy to the New York Yacht Club in 1857.
America dominated the event to such an extent, that Queen Victoria was said to ask, "Who's in second?” In which she was told, "You’re Majesty, there is no second!"
The first race for the “America's Cup” was in 1870 off of Staten Island, in New York as the schooner Magic won a fleet race against the British challenger Cambria. In an act of conveyance, the original members of the America syndicate, placed the ‘Cup in a charitable trust as a perpetual challenger’s trophy.
The deed of gift, which is the bylaw that governs the race, was amended by the last surviving member George Schuyler in 1887. The defense of the “Auld Mug” for the most part, takes place every few years. It attracted such luminaries as legendary yacht designer Nathanial Herreshoff, Captain Charles Barr and tea baron Sir Thomas Lipton.
The NYYC moved the regatta to the exclusive resort community of Newport, Rhode Island in 1930. The America’s Cup was graced in the 1930’s by the magnificent J-boat class. Led by railroad and banking blueblood Harold Vanderbilt, he matched up victoriously against the aeronautical wizard T.O.M. Sopwith, from over the pond in England.
After World War ll, the races were revived in 1958 with the 12-Meter Class boat. These 60 ft. yachts provided challenging matches in Newport's moderate and shifty wind conditions. Throughout the next three decades, the NYYC conducted defense trials served up most of the drama, with CNN cable mogul Ted Turner, France’s Baron Marcel Bich (the Bic pen) and avid fan Walter Cronkite providing most of the star power.
That was until 1983, when the controversial winged keel yacht Australia 2, won the America’s Cup in the best of seven races over Dennis Conner's Liberty. The men from the land “downunder" unbolted the trophy and took it back to the picturesque fishing port of Fremantle, Western Australia, to defend it against all comers.
In one of the greatest sports comebacks of all time Conner, challenging under the burgee of the San Diego Yacht Club went down to Australia in 1987 and brought the 'Cup back to America, crushing the Australian yacht Kookaburra in the process 4 to 0.
Enter New Zealand, who through the efforts of banker Michael Fay was able to challenge for the "Cup in 1988 by forcing the SDYC to run the races under a strict interpretation of the original race rules. Again, Dennis Conner countered with a brilliant defense, this time in a fixed wing-sail catamaran.
The America's Cup recycles its event about every 4 years or so. It has changed hands several times between America, New Zealand and now, Switzerland. The Swiss yacht Alinghi, representing the Geneva Yacht Squadron won the ‘Cup in 2003. The team defended it this past year in Valencia, Spain, against many challengers from all over the globe, including teams from South Africa and China.
Since Fay's surprise challenge, the Deed has generally been usurped of its authoritative grip on the rules by mutual agreement provisions called the America's Cup Protocol. The protocol's enabling resolutions allow the Challenger of Record to establish the rules and regatta format to determine who will challenge the defending boat for the America's Cup.
The matches feature the yachts sailing against each other on a windward/leeward course, approximately twenty miles in length. A series of elimination round robins, between all the challengers race for the Louis Vuitton Cup. Each round is worth more points than the last, and the highest scoring two yachts face off against each other to determine who race the defender for the America’s Cup. The Italian fashion design store Louis Vuitton has sponsored the challenger trials since 1970.
August 22, 1851
The original contest for the One Hundred Guinea Cup took place off England's Isle of Wight. The around the island regatta was won by the racing schooner America, against eighteen British challengers. Leading the effort was Commodore John Cox Stevens, who later presented the trophy to the New York Yacht Club in 1857.
America dominated the event to such an extent, that Queen Victoria was said to ask, "Who's in second?” In which she was told, "You’re Majesty, there is no second!"
October 24, 1887
The last surviving member of America’s ownership syndicate George Schuyler amends the Deed of Gift leaving the trophy to the New York Yacht Club as a charitable trust; “donated upon the conditions that it shall be preserved as a perpetual Challenge Cup for friendly competition between foreign countries.”
This Deed of Gift, made the twenty-fourth day of October, one thousand eight hundred and eighty-seven, between George L. Schuyler as the sole surviving owner of the Cup won by the yacht AMERICA at Cowes, England, on the twenty-second day of August, one thousand eight hundred and fifty-one, of the first part, and the New York Yacht Club, of the second part, as amended by an order of the Supreme Court of the State of New York dated December 17, 1956 and April 5, 1985. WITNESSETH That the said party of the first part, for and in consideration of the premises and of the performance of the conditions and agreements hereinafter set forth by the party of the second part, has granted, bargained, sold, assigned, transferred and set over, and by these present does grant, bargain, sell, assign, transfer, and set over, unto said party of the second part, its successors and assigns, the Cup won by the schooner yacht AMERICA, at Cowes, England, upon the twenty-second day of August, 1851. To have and to hold the same to the said party of the second part, its successors and assigns, IN TRUST, NEVERTHELESS, for the following uses and purposes: This Cup is donated upon the conditions that it shall be preserved as a perpetual Challenge Cup for friendly competition between foreign countries.Any organized Yacht Club of a foreign country, incorporated, patented, or licensed by the legislature, admiralty, or other executive department, having for its annual regatta on ocean water course on the sea, or on an arm of the sea, or one which combines both, shall always be entitled to the right of sailing a match for this Cup, with a yacht or vessel propelled by sails only and constructed in the country to which the Challenging Club belongs, against any one yacht or vessel constructed in the country of the Club holding the Cup. The competing yachts or vessels, if of one mast, shall be not less than forty-four feet nor more than ninety feet on the load water-line; if of more than one mast they shall be not less than eighty feet nor more than one hundred and fifteen feet on the load water-line. The Challenging Club shall give ten months' notice, in writing, naming the days for the proposed races; but no race shall be sailed in the days intervening between November 1st and May 1st if the races are to conducted in the Northern Hemisphere; and no race shall be sailed in the days intervening between May 1st and November 1st if the races are to be conducted in the Southern Hemisphere. Accompanying the ten months' notice of challenge there must be sent the name of the owner and a certificate of the name, rig and following dimensions of the challenging vessel, namely, length on load water-line; beam at load water-line and extreme beam; and draught of water; which dimensions shall not be exceeded; and a custom-house registry of the vessel must also be sent as soon as possible. Center-board or sliding keel vessels shall always be allowed to compete in any race for this Cup, and no restriction nor limitation whatever shall be placed upon the use of such center-board or sliding keel, nor shall the center-board or sliding keel be considered a part of the vessel for any purposes of measurement. The Club challenging for the Cup and the Club holding the same may, by mutual consent, make any arrangement satisfactory to both as to the dates, courses, number of trials, rules and sailing regulations, and any and all other conditions of the match, in which case also the ten months' notice may be waived.In case the parties cannot mutually agree upon the terms of a match, then three races shall be sailed, and the winner of two of such races shall be entitled to the Cup. All such races shall be on ocean courses, free from headlands, as follows: The first race, twenty nautical miles to windward and return; the second race an equilateral triangular race of thirty-nine nautical miles, the first side of which shall be a beat to windward; the third race (if necessary) twenty nautical miles to windward and return; and one week day shall intervene between the conclusion of one race and the starting of the next race. These ocean courses shall be practicable in all parts for vessels of twenty-two feet draught of water, and shall be selected by the Club holding the Cup; and these races shall be sailed subject to its rules and sailing regulations so far as the same do not conflict with the provisions of this deed of gift, but without any times allowances whatever. The challenged Club shall not be required to name its representative vessel until at a time agreed upon for the start, but the vessel when named must compete in all the races, and each of such races must be completed within seven hours. Should the Club holding the Cup be for any cause dissolved, the Cup shall be transferred to some Club of the same nationality, eligible the challenge under this deed of gift, in trust and subject to its provisions. In the event of the failure of such transfer within three months after such dissolution, such Cup shall revert to the preceding Club holding the same, and under the terms of this deed of gift. It is distinctly understood that the Cup is to be the property of the Club subject to the provisions of this deed, and not the property of the owner or owners of any vessel winning a match. No vessel which has been defeated in a match for this Cup can be again selected by any Club as its representative until after a contest for it by some other vessel has intervened, or until after the expiration of two years from the time of such defeat. And when a challenge from a Club fulfilling all the conditions required by this instrument has been received, no other challenge can be considered until the pending event has been decided. AND, the said party of the second part hereby accepts the said Cup subject to the said trust, terms, and conditions, and hereby covenants and agrees to and with said party of the first part that it will faithfully and fully see that the foregoing conditions are fully observed and complied with by any contestant for the said Cup during the holding thereof by it; and that it will assign, transfer, and deliver the said Cup to the foreign Yacht Club whose representative yacht shall have won the same in accordance with the foregoing terms and conditions, provided the said foreign Club shall, by instrument in writing lawfully executed, enter with said part of the second part into the like covenants as are herein entered into by it, such instrument to contain a like provision for the successive assignees to enter into the same covenants with their respective assignors, and to be executed in duplicate, one to be retained by each Club, and a copy thereof to be forwarded to the said party of the second part. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal, and the said party of the second part has caused its corporate seal to be affixed to these presents and the same to be signed by its Commodore and attested by its Secretary, the day and year first above written. GEORGE L. SCHUYLER, 1887
September 26, 1983
Australia 2, the radical Ben Lexcen and Peter van Oossanen designed winged keel 12-Meter wins the America’s Cup in a dramatic 7th race by 41 seconds over Dennis Conner’s Liberty ending the New York Yacht Club’s 132 year authoritative grip on the trophy.
February 4, 1987
Dennis Conner, representing the San Diego Yacht Club goes down under to Fremantle, Western Australia with his 12-Meter boat Stars & Stripes and takes the America’s Cup back to the United States defeating Kookaburra 4-0. The New Zealand Syndicate that year constructed the first glass twelve; it was Dennis Conner's contention that certain exotic fibers (lighter in weight and density) were used at the ends of Kiwi Magic, thereby increasing her windward speed. Conner asked for core samples to be taken from the hull of Kiwi Magic
The problem was the rules administered by Lloyds of London were vague concerning the scantling requirements in fiberglass and ultimately the Kiwi boat was ruled legal..
Winged keels, radical bustles and multiple appendages, like USA's graphite epoxy front rudder system become the norm this time around as the 12-Meter Class blossomed with design innovation. Stars and Stripes 87 turned like a freight-train and had a keel that looked like a VW Beetle, but in a straight line she moved like a rocket ship.
Conner and Co. pulled out all the stops in the playoffs by developing the shark-skin coating from the Twin Cities based 3M Corporation called riblets and hoisting a spinnaker with big pockets appropriately called "Dolly".
July 17, 1987
New Zealand businessman Michael Fay representing the Mercury Bay Boating Club directly challenges the SDYC for the America’s Cup. Under a strict interpretation of the Deed of Gift, Fay issues 10 months notice for a race in 90 ft. on the load waterline length monohulls. The maximum allowed under the rules.
August 8, 1987
The SDYC reject the MBBC’s challenge. Malin Burnham, President of Sail America, "We have 25 signed affidavits to support our interpretation on racing in 12-Meters. The weight of the world is in our favor." Michael Fay, New Zealand Challenge, "There is a great deal of worldwide support for such a competition (J-Boats), and it's growing." Arthur J. Santry, Jr., Commodore New York Yacht Club, The San Diego Yacht Club's action is not in the best interest of the America's Cup and is inappropriate."
So tell me. What does the world really want? More importantly, what will the world get? Brace yourself, the battle lines for the "Auld Mug" are being drawn, and you had better be careful on which side you choose.
Once again the America's Cup wars have returned to the shores of the Atlantic Ocean. Unfortunately, this time they're being waged on the floors of the New York Supreme Court.
The litigation in New York began with Michael Fay's challenge for the Cup in 90 ft. waterline length boats, the maximum allowed under the Deed of Gift. The San Diego Yacht Club refused his challenge, so Fay brought the matter to court. Fay is attempting to hold the SDYC responsible for administering the provisions of competition for the Cup under the terms of the original Deed of Gift. "We have taken the initiative, both to challenge in 1988 and to do so in a completely different class of boat that will restore some of the romance and grandeur to the event," said Fay, who was the syndicate head of the New Zealand Challenge in Perth and is representing the Mercury Bay Boating Club in this matter.
“We are dismayed and disappointed that Mr. Fay would elect to drag one of the world's premier sporting events into a court of law," states Malin Burnham, President of Sail America, and no stranger to Cup politics, having run Dennis Conner's last three campaigns. Sail America is manager of the SDYC's America's Cup Defense. "I can assure Mr. Burnham and Sail America that this is a genuine and serious challenge, made in the best traditions of the America's Cup," says Fay, "and New Zealand will be pursuing it with full vigor."
"Fay's action comes as no surprise," said Burnham. "It is merely further evidence of his determination to manipulate and control the terms of this matter to his own advantage."
The Mercury Bay Boating Club sent its challenge to the SDYC on July 15, 1987. Under the provisions set forth by the Deed, Fay gave the SDYC 10 months' notice, calling for races to be held on June 1, 3, & 7 of next year, off San Diego, in boats that will measure more than 135 feet in length.
Unfortunately, the challenge came at an inopportune time for the SDYC, as they were struggling with Sail America just to hold the next Cup regatta in home waters.
These giants will be ultra-light "trapeze" J-Class boats, with crews of 40 men. The boat is under construction now at Martens Marine in Auckland, NZ, and will be christened on February 27, 1988.
The SDYC has received three other challenges to date in J-Class yachts. They include Alan Bond from the Royal Perth YC, Peter de Savary, representing the Royal Burnham YC, and the YC of Cannes, France. Both Bond and de Savary have also challenged in 12 Meters.
To date, Sail America has received 20 challenges for 1991 in 12 Meters, and according to the affidavit filed on September 18th, half of those challengers have spent $7.7 million dollars on their 12Meter campaigns.
The center of this controversy is the Deed of Gift. The Deed is the constitution of the America's Cup. All matters relating to the Deed are subject to interpretation by the New York Supreme Court.
The original Deed of Gift was written in 1857 by the surviving members of the America Syndicate and the NYYC, which had won the America's Cup in 1851 off the Isle of Wight in England. It was amended in 1887 by George Schuyler. Two amendments have been added since then: in 1956 to allow for 12-Meters as the yacht of choice, and in 1984, to accommodate Perth, Australia, as trustee to the Cup.
The storm revolves around a series of provisions, which are referred to as enabling resolutions.
These unwritten by-laws to the Deed have gone unchallenged until now.
"If it were not for the NYYC in 1956 as acting trustee conceiving of ways to adapt the Deed to drastically changed times and circumstance, the America's Cup, would be a relic gathering dust,' states Burnham.
"Mr. Fay and his colleagues would have us forsake the living Deed of Gift at the very peak of its vitality and return instead to an obsolete match which bears no resemblance to the vigorous spirit of truly international competition so evident in Perth earlier this year!" states an emphatic Burnham.
"As trustee of the Cup, SDYC has a responsibility to protect the interests of all challengers," said Burnham. "While we are unhappy to see Mr. Fay attempt to win in court what would be hard to win at sea, we are well-prepared to fight for the sake of the other challengers and for the future of the America's Cup.
If one front in this war wasn't enough for the SDYC to wage, enter the NYYC, author of the Deed of Gift and trustee to the America's Cup for 132 years. The NYYC has gone to court to prevent SDYC's petition to amend the Deed, that would allow for the Cup to take place only every four years and then only in 12-Meters.
The NYYC, which adamantly maintains that the Club takes no position in the suit between SDYC and Fay, and has stepped forth only to prevent, according to Commodore Arthur J. Santry, Jr., "each future trustee of the Cup from being able to dictate whatever terms for the challenge and defense of the Cup that seemed best to suit the interests of that trustee."
There is a lot of misunderstanding in regards to the Deed of Gift," spoke Santry. "SDYC's actions are not in the interest of the Cup and is inappropriate." In response to the legality of Fay’s challenge, Santry said, 'I don't think there is any question about it."
"It's important to remember that the NYYC does not support New Zealand's challenge," said Tom Ehman, executive VP and chief operating officer of Sail America. Ehman was also the executive director for the NYYC's unsuccessful America II challenge. "They are only involved in the separate proceeding in which we have asked to amend the Deed of Gift," states Ehman. "They have remained neutral on the challenge."
When the SDYC first responded to Fay's challenge with a blunt thanks, but no thanks, it then went about its own business: you know 'Rain, rain, go away, come again another day'. Well, it never rains in San Diego, except on the day when the SDYC and the City chose to make their announcement on the America's Cup.
Well, on that day, what was to have been a landmark occasion for the City of San Diego, became instead the format in which to respond to Fay's challenge. On the previous day, Fay had sought and obtained a restraining order from the Court preventing the SDYC from discussing any plans that relate to the 1991 Cup.
The restraining order was lifted a week later, which basically meant that Sail America could proceed with their plans on paper, though no-one was rushing out to start pouring concrete.
When Stars and Stripes won the America’s Cup earlier this year, Conner and Company had rolled through the New Zealand “plastic fantastic" to win the series 4 to 1 and earn the right to face Kookaburra 3 (which they trashed as well) for the America's Cup.
Kiwi Magic was the first fiberglass 12-Meter and had passed technical inspection. But Conner, who plays the psychology game as well as anyone, and is not one to mince words about enemy technology, commented that, "Why else would you build a fiberglass 12 Meter, unless you were going to cheat?"
Well, New Zealand hadn't, but that was not the point, and Conner knew it. But Fay wasn't about to let dead dogs lie, and while everyone in San Diego was haggling about where to hold the Cup Defense, he was up late studying the Deed. Also Russell Bowler, project manager for Kiwi Magic's fiberglass construction.
Fay's challenge dictates that the races commence 10 months from the date of his challenge in accordance to the Deed, though the Judge has ruled the races would take place 10 months from her decree, if she rules in Fay's favor.
"What we are proposing won't be any easier than challenging in 12 Meters," said Fay. "New Zealand will again be the newcomer going against the Americans, who were invincible for more than 80 years when the Cup was raced in boats of the size we have nominated."
"New Zealand is interested in sailing, not in being in court; we're looking back to the old traditions of the America's Cup, and we have to be careful that the sport does not become overly commercialized."
"We welcome the challenges from Australia and Great Britain, and we are prepared to sail against
them," said Fay, "and any other challenge that arrives in San Diego in time. Just to get the boat ready and to San Diego in time will be a major feat."
New Zealand, J-l has a construction crew of 30 people working around the clock to get her ready. David Barnes, who skippered Kiwi Magic to a World Championship in Sardinia last summer is part of the resource of the program, but no decision will be made on a skipper for some time to come.
Though no one would comment publicly, there can be no doubt that the Stars and Stripes brain trust are plugging in numbers for a J-Boat design of their own.
“SDYC and Sail America are confident we have the moral and legal high ground in this matter, and we hope and expect a favorable decision shortly, states Ehman.”We haven't even taken our gloves off yet," boasts Burnham.
August 31, 1987
MBBC takes the issue before the New York Supreme Court, which under the state’s charitable trust laws, is the arbiter on legal matters on the America’s Cup.
September 9, 1987
New York Supreme Court Judge Carmen Ciparick orders a tolling period to take place in lieu of ongoing litigation. Notice of challenge for 10 months, will commence at the conclusion of court proceedings or by an order of the court.
November 25, 1987
New York Supreme Court Judge Carmen Ciparick rules that the SDYC must accept the challenge from the MBBC.
December 28, 1987
New York Supreme Court Judge Carmen Ciparick modifies previous tolling agreement. “Ordered that the ten (ten) month notice period in the valid notice of challenge of the Mercury Bay Boating Club Inc. of July 15, 1987, previously tolled by the Court on September 9, 1987 pending determination of the motions and actions in Case 1 and Case 2, shall resume and continue to run from the date of service of a copy of this order with notice of entry upon the attorneys for the parties and on the office of the Attorney General of the State of New York.”
January 22, 1988
The SDYC announces that it will defend the America’s Cup in a catamaran.
July 25, 1988
Judge Ciparick refuses to bar SDYC’s catamaran stating; “Nothing in this decision should be interpreted as indicating that multi-hulled boats are either permitted or barred under the America’s Cup deed of gift.” Ciparick directs both parties to reserve protests or further litigation after the completion of the races. “The America’s Cup deed is a relatively simple document that seeks to encourage international competition among sportsmen without providing for intricate rules and dispute resolution mechanisms that have become the prominent focal points in our time,” wrote Ciparick. “The vision that Schuyler and the other donors sought to perpetuate over the years was that of an international race on a grand scale among boats on the seas and not a land bound battle among clever lawyers in the courthouse.” In her ruling though Ciparick sent a bit of a warning shot of what was to come in her courtroom by adding; “The conclusion is inescapable that the donor (George Schuyler) contemplated the defending vessel to relate in some way to the specifications of the challenger.”
September 9, 1988
The SDYC defends the America’s Cup, with Dennis Conner winning the first two races in a best of three series. Michael Fay vows to return to court to challenge the validity of SDYC’s catamaran.
March 28, 1989
Judge Carmen Ciparick disqualifies the SDYC and awards the America’s Cup to the Mercury Bay Boating Club. Ciparick ruled that the San Diego Yacht Club had “violated the spirit of the deed” when its “clear goal to was to retain the cup at all costs.” In her ruling she wrote; “the defender of the America’s Cup is more than the current champion yacht club. The yacht club winning the America’s Cup becomes the sole trustee under the deed of gift and has an obligation there under to insure a fair competition. The holder of the America’s Cup is bound to a higher obligation than the victor of the Stanley Cup or Super Bowl. In organized sports such as hockey or football there is a central authority for the development and enforcement of competition rules. The defender of the America’s Cup, as trustee, is charged with the responsibility of insuring that a subsequent defense is carried out in accordance with the letter and spirit of the deed of gift. San Diego clearly fell short of its obligations as trustee of the deed of gift.” “Accordingly, San Diego shall be disqualified in the September 1988 competition.”
September 19, 1989
By a 4-1 decision the Appellate Division of the New York Supreme Court overturned the ruling by Judge Ciparick and returned the America’s Cup to the San Diego Yacht Club. The auld mug itself never made the trip to New Zealand. The ‘Cup has been store in a bank vault awaiting its fate and will likely remain there until all measure of appeals have exhausted themselves. In a 30 page majority decision Judge Joseph Sullivan ruled that; “that San Diego’s catamaran was an eligible yacht.” Justice Israel Rubin added that, the “SDYC should not be deprived of its victory simply because the design of its vessel was more innovative and more successful in achieving its purpose than that of the challenger.”
November 22, 1989
The Appellate Court in a unanimous decision rules that Michael Fay will be able to appeal to the New York Court of Appeals in Albany, NY, the highest court in the state.
April 26, 1990
The New York Court of Appeals rules 5-2 that the San Diego Yacht Club will retain the America’s Cup and will be free to organize the defense of their choosing.
May 1992
San Diego plays host to an America’s Cup final, under a new mutually agreed protocol, which featured unlimited spending by billionaires, who in the case of the Italian Syndicate il Moro, built 5 new ACC boats only to lose in a closely contested series to Bill Koch’s America Cubed 4-1.
May 1995
Team New Zealand wins the America’s Cup crushing Young America 5-0. TNZ leader Peter Blake vows changes in the way the defender and the event conducts the America’s Cup. Blake was extremely displeased at how the SDYC altered its defense trials allowing the Team Dennis Conner entry, after appearing to be eliminated, to be free to sail another day, ultimately winning in Stars & Stripes and then choosing the losing yacht, Young America; to defend.
March 2000
Team New Zealand defends the America’s Cup in the waters of the Hauraki Gulf off Auckland, NZ in what was another listless final. The Prada team from Italy emerged from a thrilling Louis Vuitton Cup series that went the distance in nine exciting races against Paul Cayard’s America One, and was left with little wind in their sails to challenge the mighty Kiwi’s, before losing 5-0.
March 2000
Below was posted on the fansite of Team Luna Rosa:
This is a letter Peter Blake wrote to the Prada Team a few days after their defeat against Team New Zealand in the 2000 AC.
DEDICATED TO LUNA ROSSA
The America’s Cup is an elusive trophy, and has rarely changed hands in the last 150 years. This is not a sport for the faint hearted. It is not a quest to take lightly or on a whim. It is a fight between sailors from yacht clubs all over the world that desperately want the same thing: get their hands on the Cup. The prestige for the winner has more value than any other sporting achievement. It’s winning the invincible and doing the impossible that attract sailors, dreamers and millionaires, but the victory is not easy, and most of the time it doesn’t happen. The only way to win is to continuously participate, continuously return time and time again with the conviction that you can do it.
Hesitating after the first attempt is not part of the rules of the game. You need extraordinary people with ferocious motivation, lots of experience and attention to details and unconditional dedication. The game is uncertain; for all you can dedicate, for all that you can motivate, and for all that you are willing to spend the victory is never guaranteed. For some it becomes a kind of drug. It is a game that you can come to deeply hate, to than discover that you can’t live without it at least not until you win. Then there’s the metamorphous (at least that is what happened to me). I was part of a crew that succeeded in winning the America’s Cup at least once and successfully defending it. I was finally free of the tightness in my mouth and in my stomach. I am paid. I am cured. I go to sleep at night and dream other dreams. New passion are being born inside of me.
Just so that it is clear, competing for the America’s Cup is a game of passion, of dreams when in every waking moment (and while you are asleep) you have only one unique thought and that is winning but the victory is uncertain until you have it in your hands. The delusion and the disappointment hurts even when the others are suffering, imagine trying it out on your own hide. You keep asking yourself “how”? and “why”?
For weeks until you find the determination to try again, to not repeat the same mistakes, to do it better than before, to be better that the rest of the world, to be the best and than the anxiety becomes dreams and passions all over again. The thought of winning never ever abandons you but it is better to leave it on the side and concentrate on a new objective: to be the best in every phase of the new challenge. Nothing is left alone, not even the smallest detail. But this doesn’t happen just because you want it to. You need a Team of exceptional people who share the same dream and the same passion and are not scared even when odds are against them. It’s the difficulty of the challenge that puts the adrenalin in your veins that may have been weakened by the previous defeat.
The America’s Cup is what it is because it is so difficult to win. It is not a game for armchairs admirals. It is not a game for a person who is not prepared to come back. It is not a game for the faint hearted. It is a game for those who are not scared of pitting themselves against the best that the world has to offer. It’s a game where winning is almost impossible, almost, but not impossible. And this is why it is worth fighting for. It is the difficulty that gives any challenge some sense.
This is the essence of life itself. To all the people in Team Prada who are telling their story in this book, I would like to say, I admire your sportsmanship, your tenacity and your enthusiasm for life. You have given all of us a really positive imagine of your country and your countrymen will be proud of you. This time you didn’t win but certainly didn’t lose. You only lose when you don’t have the courage to return. Not winning is part of the learning process which leads you to success. Because it is also a question of luck. It won’t be easy. The best thing never are.
Peter Blake
April 2000
Victorious in their defense of the America’s Cup Team New Zealand now moves ahead with plans for the next America’s Cup in 2003. Sir Peter Blake hands over the reigns of leadership of TNZ to skipper Russell Coutts to pursue endeavors away from the trusteeship of the America’s Cup. The rocky relationship between the two men appears to more ego driven than contentious. Coutts is in disagreement with the Blake and the trustees over negotiated corporate contracts and commitments for the team for the next defense. TNZ locked into rolled over sponsorships for 2003 which may not be enough to cover rising costs, according to Coutts. Trouble in paradise?
May 2000
The writing was on the wall as many of the Kiwi after guard from the victorious TNZ jump ship to Ernesto Bertarelli’s fledging new America’s Cup team Alinghi, from Lake Geneva, Switzerland. The Swiss pharmaceuticals magnate sent a tsunami through the South Pacific by raiding Team New Zealand of its winning skipper Russell Coutts, tactician Brad Butterworth, Warwick Fleury, Simon Daubney Murray Jones and bowman Dean Phipps. Quickly labeled as traitors, the Kiwi nation won't likely forget or forgive the pair as the next America’s Cup approaches.
The America’s Cup once a haven of nationalistic pride, amateurism and recreation, reels in the realization that the dawn of a new era has encroached on the ‘Auld Mug, as free agency and the high salaries associated with the rising costs have taken hold of the competing teams. Many of the professional sailors now involved in the sport have begun to seek out the big paydays.
The Royal New Zealand Yacht Squadron briefly held up Bertarelli's Alinghi Challenge claiming that the Geneva Yacht Club did not fulfill the "arm of the sea" amendment to the deed of gift. Lake Geneva is not part of an ocean or an arm of the sea as defined, but the Yacht Club did hold a token regatta on the Mediterranean Sea to meet the minimum requirements of compliance to challenge.
The Alinghi Syndicate petitioned the America's Cup Arbitration Panel (ACAP) on the legality of its challenge and was upheld after a day of deliberations.
In 1984 the Chicago Yacht Club successfully petitioned the New York Supreme Court to declare that the Great Lakes were an arm of the sea and therefore eligible to challenge for the America's Cup. The NYYC had inserted language into the conditions for match after 2 anemic Canadian Challenges in 1876 and 1881.
September 2001
The 150th anniversary of the America’s Cup was celebrated as a jubilee festival in Portsmouth, England and around the Isle of Wight with multiple regattas scheduled with many of the winning boats and skippers/crews in attendance.
May 2002
Tragedy rocked the world community in December of 2001 with the stunning news that yachting legend Sir Peter Blake of New Zealand was killed by pirates as they were attempting to rob his crew aboard the Blakexpeditions ship, Seamaster. Blake was in the midst of an environmental expedition of the Amazon River when the incident occurred.
The Seamaster was docked in the port city of Macapa in the northeastern state of Amapa in Brazil. According to published accounts Blake was below deck when masked gunmen boarded the ship. With commotion on top Blake rushed up the stairs armed with a rifle to protect his crew. He was shot twice in the back by the startled robbers who anticipated no resistance. Blake died immediately.
Blakexpeditions was midway thru an exploration of the environmentally sensitive forest regions of the Amazon River basin in Brazil and working through customs on their way to Orinroco River in Venezuela when the tragedy struck.
Sir Peter's stature in New Zealand is approached only by Sir Edmund Hillary who climbed to the top of Mount Everest a half a century ago. Beyond his leadership in winning the America's Cup in 1995 for New Zealand, Blake's reputation for honesty and integrity was unparallel in the world of sport.
After much acrimony in the 1995 America's Cup in San Diego, Blake worked to elevate the event to a higher level with a vision of sportsmanship and honor for a small country of 3.5 million inhabitants. "We want to ensure that this is an event that parents want their sons and daughters in." "Even if it means that we hold the Cup Defense only once," Blake said, "we will make the competition fairer."
At 6.5 feet in height he was tall in stature and taller in life. Blake commanded the respect of teammates and opponents alike. After winning in San Diego he led the Cousteau Society and was appointed as a special envoy to the United Nations Environmental Program.
As the winning skipper in the 1989-90 Whitbread Around the World Race on Steinlager, Blake led the way into every port city. In 1993 he sailed with Sir Robin Knox-Johnston on Enza New Zealand in the non-stop around the world race for the Jules Verne Trophy in a record 74 days 22 hours.
Throughout his life he was man a few words and extraordinary deeds. The sailing community has lost a pillar of courage and New Zealand has lost a giant.
Sept 2002
The billionaires are back, rule changes after the 1992 America's Cup were designed to disperse them and bring financial sanity back to the event. 2003 finds them back. This time several of the world's richest men are taking part. Larry Ellison, Ernesto Bertarelli, Craig McCaw, Paul Allen and Prada CEO Patrizio Bertelli, with his wife’s money are all onboard for the 31st go around.
Oracle founder and CEO Ellison is taking time away from strewing thru Bill Gates garbage to run the Oracle BMW Team. The team represents the Golden Gate Yacht Club in San Francisco, California. Ellison has run a very successful race program with his maxi yacht Sayanara and is hoping to emulate billionaire Bill Koch's 1992 program which spent close to $100 million dollars just to defend the 'Cup for another yacht club.
The One World Challenge representing the Seattle Yacht Club is led by communications billionaire Craig McCaw. McCaw had financed much of the effort out of his own pockets until recent stock market corrections sent him to seek the assistance from fellow Microsoft billionaire Paul Allen for a bailout.
The moguls club is also joined by Prada CEO Patrizio Bertelli. Prada reached the finals in 2000 by aggressive sailing tactics, though lost by the time the Kiwi's crushed them and an overzealous approach to the rules. The Italians have achieved notoriety in their interpretation of fair play over the last 10 years, as Michael Fay, Team Dennis Conner and America One can all surely attest to. Prada represents the Yacht Club Punta Ala, which is the Challenger of Record.
Free agency comes to the America’s Cup as nationality requirements are loosened up to allow sailors to sail for different teams in different countries. With that, allegations surfaced in 2001 during the Sean Reeves fiasco materialized when the America's Cup Arbitration Panel (ACAP) ruled that the One World Syndicate representing the Seattle Yacht Club must begin the LV Cup trials minus one point. ACAP was approached by One World in December to determine whether it had violated any of the interpretative articles of the America's Cup Protocol.
ACAP ruled that One World had not violated Article 13 of the 'Protocol which relates to reconnaissance of competing yachts, but that it had been in breach of Article 15.3. That rule provides that designers that have worked on other ACC boats in the past sever prior involvement and "be separate and independent" of other America's Cup syndicates. The rule is similar to most "non-compete" clauses found in employment contracts.
The panel "took into account as a mitigating factor that it was One World that had brought forth the facts that had resulted in the findings that it was in breach". "Had it not done so", concludes the report, "a more severe penalty would have been awarded".
The controversy in question relates primarily to the fact that One World Designer Laurie Davidson was the principle architect of Team New Zealand's Black Magic NZL 57 and NZL 60. Black Magic NZL 60 defended the 'Cup last time around and is considered to be the prototype ACC yacht of which all the new generation of boats will be measured against.
Apparently, Davidson had in his possession; the measurement certificates for both yachts, carbon fiber specs for the TNZ contract suppliers and the team's performance evaluations for Prada.
The Reeves controversy erupted last fall when apparently after helping lure several key TNZ members to One World he became unhappy with his compensation and began naming names. Reeves, an attorney with some prior 'Cup involvement had credibility problems from the get go has decided to focus his energies on coaching professional tennis.
One World was caught off guard by Reeve's allegations and was quite forthcoming in bringing the facts before the ACAP. In a summary statement earlier this year One World CEO Gary Wright stated that OWC "had made some mistakes, but we believe these to be minor and not beneficial to our design process".
January 2003
Alinghi defeats Oracle 5-1 in the Louis Vuitton Cup finals, as the Kiwi defectors own Chris Dickson and crew from the first windward beat on. Charges and countercharges of high tech secrecy, spying and illegal weather satellite information provide most of the excitement, as the outcome appears to be a foregone conclusion. Despite imminent threats from the “Blackhearts” Russell Coutts is undeterred in his mission objective.
February 2003
For the third straight time the America’s Cup produced a whitewash shutout. Alinghi proved to be a steady, yet capable ACC yacht. Alinghi beat all challengers to win the LV Cup and face Team New Zealand’s radical, yet risky design in the America’s Cup final.
The Kiwi’s handed over the trophy after losing 5 straight races in two and a half agonizing weeks. After waiting out a wide range of weather systems the TNZ yacht carried plenty of water, but ultimately failed to carry its weight around the 20 mile windward-leeward course. Coutts and tactician Brad Butterworth both from New Zealand, looked on with bittersweet emotion as they grabbed the “Cup from their countryman and took it to Europe.
TNZ designers Tom Schnackenberg and American Clay Oliver came up with an unorthodox idea of creating a second or false hull as an appendage to increase the waterline length of the boat without incurring penalties to, or reduction of the sail area. Nicknamed the “Hula”, the 20ft. long second skin section of the hull could not touch any part of the boat except at its fitting.
With an inherent micro-millimeter gap along the waterline and an elongated torpedo-shaped bulb keel the TNZ boat took on tons of extra water in heavy seas. This design flaw led to gear failures and a splintered boom in the first race and a broken carbon fiber mast in the fourth race
March 2003
Trouble in paradise, part two? With victory, Alinghi chief Ernesto Bertarelli reaps the reward of the ex-Kiwis command and control on the water, while clearly benefiting from TNZ’s lack of race preparation and their need for a “gimmick” boat. Russell Coutts again, has more on his mind than being Bertarelli’s “helmsman”. Recriminations foreshadow events to come as the ‘Deed once again seems to drawn into the middle of the wishes and desires of the winning yacht club, versus the dreams of the winning team. It was the indecision and divisiveness between Sail America, Stars & Stripes and the San Diego Yacht Club which led to the “hostile” challenge from Michael Fay in 1987. Again, in 2000 their was a war of wills between the trustees and the sailing team, which led to the defection of Coutts and company.
December 2003
Valencia, Spain was chosen as the host site for the next America’s Cup, trumping out European cities in Portugal, Italy and France.
June 2004
Former Alinghi Skipper and Team Manager Russell Coutts, continued a mediation process with Ernesto Bertarelli to allow access into 2007 America’s Cup. Coutts was fired by Team Alinghi “for repeated violations of his duties.” Coutts was not happy with many of the planned changes in the way the event was being organized. Coutts won the America’s Cup twice in 1995 as the skipper on Black Magic and 2003 on Alinghi. He defended for TNZ in 2000.
Bertarelli is the head of the Alinghi Syndicate which won the America’s Cup in Auckland, NZ last year. Alinghi represents the Societie Nautique de Geneva. SNG promised freer access by sailors to cross borders and compete for other countries, i.e. free agency. That access is now being restricted by new mutual consent amendments.
After Fay's surprise challenge, the Deed of Gift has been usurped of its authoritative grip on the 'Cup, by mutual agreement provisions called the America's Cup Protocol. The Protocol's enabling resolutions allow the Challenger of Record Committee or CORC, to construct the rules and regatta format to determine who will challenge the defending SNG boat for the America's Cup
The winning yacht club becomes the trustee of the America’s Cup, not the winning team or its members.
The regatta is structured by the terms of mutual consent. The rules are set up between the SNG (the defender) and the challenger of record (COR), which this time is the Golden Gate Yacht Club in San Francisco, California. representing BMW Oracle .
BMW Oracle is run by Larry Ellison. Ellison & Bertarelli are multi-billionaires and two of the world’s richest men. Because of the way the terms of mutual consent is structured the “Protocol” for the 32nd America’s Cup becomes gold standard in which the races will be conducted. They are the kingmakers. To that end, and to specifically restrict Coutt’s participation; the “Protocol” text was amended in 2004 to read:
Article 13.12 Crew restricted to work for only one Competitor.
Except with the consent of all competitors still competing in the event: at any time after 2 March 2003, a person who has been contracted, employed, paid or otherwise engaged (paid or unpaid) by a Competitor as a race or training crewmember for a total of 180 or more days may not be engaged (paid or unpaid) by another competitor in any capacity: and at any time after January 1, 2006, a person who sails on a competitors yacht a race or training crewmember may not be engaged (paid or unpaid) by another competitor in any capacity.
Dejected and resigned to his fate Coutts told the NZ Herald; “do we want an America’s Cup to be governed by two guys that all of a sudden get into a back room somewhere and decide to change the rules for whatever reason.” Language aside, Coutts and Kiwi sail making/design legend Tom Schnackenburg (who was let go by TNZ) cannot compete in the 2007 America’s Cup.
April 2007
Uufta! Last time, Greenpeace tried to sink the French ACC Yacht Le Defi Areva, to the chants of arreviderci. Dennis Conner’s new boat, Stars & Stripes did sink! The Kiwi’s secret “hula” hull did its best at trying to imitate a submarine and now the America’s Cup is in Europe, on a lake in Switzerland.
Now, this time Russell Coutts is in court. Shoshaloza hit a whale. Tornados destroyed three boats in France. Conner and the NYYC are out. The Chinese are in and the billionaires have taken control, again!
The America’s Cup Class Boats are “turbocharged” for 2007. Version 5 of the current America’s Cup Class rule allows amendments which should make the boats much faster downwind. The new class was introduced in 1990 and first sailed in the America’s Cup in 1992
The yachts are 80 feet in length and with masts over 110 feet high can carry more than 3000 square feet of sail area.
ACC yachts are comprised of exotic blends of carbon fiber and honeycomb. Different than 12-Meter yachts which used to be pounded and sanded into shape with aluminum, ACC boats are baked in warehouse sized ovens for several weeks before the hulls are cured and the fittings attached.
The fragile nature of the new generation of ACC yachts had become the cause of much concern. One Australia (AUS 35) snapped in two and sank in stormy seas off San Diego in 1995. In November of 2000 the NYYC's entry Young America (USA 53) split in half, but did not sink.
May 2007
As racing started, light winds and a Swiss canting (swinging) keel controversy stole the headlines. Louis Vuitton Cup favorite
BMW Oracle was eliminated by month’s end and CEO/Skipper Chris Dickson was terminated for his overbearing and under achieving performance.
July 3, 2007
Alinghi defends the America’s Cup for its yacht club, the Society Nautique de Geneva (SNG). The Swiss Team beat Team Emirates New Zealand by one second in a thrilling Race 7.
July 5, 2007
SNG accepts an “in house” challenge from Nautico Club Espanol de Vela’s (CNEV) for the 33rd America’s Cup. A controversial new protocol is written.
July 11, 2007
The Golden Gate Yacht Club files a formal challenge for the America’s Cup under the strict terms of the Deed of Gift. The GGYC contend that the challenge from CNEV does not meet the defining criteria in its acceptance as the challenger of record.
July 13, 2007
Longtime sponsor Louis Vuitton withdraws from the event. After 37 years of participation in the America’s Cup as a corporate partner, minting the Challenger’s Cup with a beautiful trophy bearing its name and handling media relations; LV has regretfully bowed out, in large part over disputes with America’s Cup Management (ACM) over the future of the event.
LV spokesman, and former ‘Cup skipper Bruno Trouble offered an open letter citing some of his specific concerns:
Worrying about the future of the Cup by Bruno Troublé
Since July, I remained silent, speechless after the America’s Cup we all love so much, was hijacked. I am shocked to see the defender sailing WITH the challengers (no more of this great mystery at the start of the first final race) and at ACM naming the judges, umpires, and committees with no reference to ISAF. I am sad to see the America’s Cup slowly but surely drifting to become just another sporting event with no class, no respect for tradition, and where money - lots of money - is the only word used by the organizers. I am furious to see the 90-foot box rule. Anyone involved in the America’s Cup knows that the best match racing boats do NOT accelerate from 10 to 20 knots when luffing 10 degrees downwind. They are STUCK in the water the same way the 12s and the IACC were. Do not confuse these fast-accelerating sleds with the impressive looking J’s boats, as the defender has stated.
These new boats might be great racers if you have 30+ boats on the starting line, but they will be hopeless for match racing. You will need two TV sets to watch the race once they round the weather mark! We know this in France, as the 60 feet multihull racing circuit died because of the differences in speed between the boats.
Looking at those races was so boring! The America’s Cup is the passion of my life after spending 30 years living with her (skipper in ‘77 to ‘83 and then with Louis Vuitton from ‘83 until today). But now Louis Vuitton is out, for the time being. It is sad and the Cup will miss this great partner. Being the ONLY permanent body around the Cup for 25 years, LV brought a lot to the event by making it bigger over the years, yet doing it with class and respect. (Remember the A’s Cup Jubilee in Cowes!) They wait and see, hoping that the Old Lady will realize where some people want to take her.
The court decision will force the defender to go back to a more realistic and balanced event. The Challengers will be listened to - hopefully they will gain some more freedom - and ACM might come up with some good ideas without taking over the whole event. This would be a trail in the right direction, if only those that are on it will walk.”
July 20,
The GGYC files legal papers in the New York Supreme Court.
July 23,
SNG rejects the challenge from GGYC.
September 10,
The NYSC grants a court date of October 22nd, for the two sides to present their case.
October 22,
The case is presented before the honorable Judge Herman Cahn.
October 31,
The America’s Cup Management (ACM) releases the new design rule for the America’s Cup Class. The AC 90 is greeted with mixed reviews, but there is widespread general acceptance, In part due to the integrity of yacht designer Tom Schnackenberg as the arbitrator of the new rule.
November 22,
ACM announce the postponement of the 33rd America’s Cup. It was scheduled for Valencia in 2009.
November 27,
Judge Cahn releases his decision. The court concluded that the CNEV challenge is invalid and that the GGYC is the Challenger of Record.
December 4,
The GGYC thru its racing team BMW Oracle release a 9 point amendment to the protocol.
December 12
Open letter from Ernesto Bertarelli: My vision for the America’s Cup
Following discussions this week with both the NYYC representatives and Larry Ellison related to the future of the America’s Cup, Ernesto Bertarelli, President of Alinghi and current Defender of the Trophy, expresses his vision and feelings about the oldest sports trophy in the world.
“Since Alinghi’s successful defence of the America’s Cup in July, much has been said by many and I wish to explain my personal passion for bringing my vision of the America’s Cup to life.
When I founded Alinghi it was all about creating a team to share the passion of sailing through every channel available to as wide an audience as possible. We tried to adopt a fresh and open way of doing things and making part of our base accessible to the public was only one example of the many innovations Alinghi brought to the America’s Cup. I believe this approach was a contributing factor to our success in 2003.
With the Defence of the Cup, we got the opportunity to share this spirit with the whole event. When we began, we set out a clear and innovative strategy focusing on the choice of venue, the set up of a purpose built port, the America’s Cup Park and the Acts as part of our vision of opening the event to as large an audience as possible.
Over six million people attended the event, which for the first time saw the participation of syndicates from five continents. The television coverage extended the reach to over four billion viewers.
The critics who opposed the Acts, the choice of venue, the television production, etc. were numerous and vociferous but the facts proved that the 32nd America’s Cup was a positive turning point for this historical event.
At the same time as realising some of the fascinating aspects of the America’s Cup I also became aware of its weaknesses. The uncertain format of the event meant that teams – and the entire America’s Cup Community – had no future beyond the next Cup.
This leads to teams only surviving one cycle and the whole event needing to recreate itself every three to five years. This results in a substantial increase in costs and difficulty in securing long term sponsors.
For the 33rd edition, the concept was to empower the organisers to implement further innovations without unnecessary disruptions. The proposal to create the new AC90 class with the one boat sailing rule in a two year cycle is a major measure towards managing the costs while creating further excitement and by using the existing facilities of Valencia we had the ideal platform to maintain momentum. This would have enabled the event to prosper and generate greater revenue for the organisers to share with the teams.
The recent events in the New York courts, with the Judge ruling the CNEV invalid because it had not held its regatta at the right time, show the Achilles’ heel of the event and the possibility of its destabilisation through individual actions. Again, as in 2003, our vision has received criticism from those reluctant to change. I stand by one of the principles of the Cup: the Trustee, with the Defender, has the responsibility for the governance of the event and to implement changes which will allow it to prosper.
With a view towards the future and having studied the rules of the Cup I observed that the Deed does not actively promote parity for the teams and a long term future of the event.
In October of this year I went to New York to start a dialogue with the New York Yacht Club to examine what enthusiasm there was to make the event more relevant to today’s sporting landscape. The Deed of Gift was, after all, written over 150 years ago at the NYYC and could not anticipate the changes that the world has undergone. I was not expecting the discussions to be completed swiftly but I was thrilled when Charles Townsend, Commodore of the NYYC and George W. Carmany III, Chairman of NYYC America’s Cup Committee, expressed the same feelings.
It is fair to say that the 33rd America’s Cup has been ill-fated and I have a desire to make it right. The fastest way to achieve this objective would be for the Golden Gate Yacht Club and the Société Nautique de Genève to work with the New York Yacht Club on revising the Deed of Gift to make it appropriate for today without losing what makes the America’s Cup special. As part of this process I am happy to compromise on some of the Defender’s rights to achieve what is best for the event.
In effect, I raise the following questions:
- Should the Defender automatically be qualified for the final AC Match or should all teams start on equal
footings?
- Should the schedule of venues and content of regulations be announced several cycles in advance
allowing planning and funding?
- Should the governance of the Cup become permanent and be managed by entities representing past
and current trustees as well as competing teams?
Over the weekend I spoke at length with Larry Ellison explaining our proposal and I was pleased that he was very supportive of the principles in the proposed changes.
Based on these principles it is my intention to work towards a renovated America’s Cup to take place in Valencia and to be raced with the certainty that the event cannot be disrupted to meet individual requirements to the detriment of those willing and able to compete.
If this revision of the governing documents of the America’s Cup cannot be achieved, we will have to accept the GGYC challenge under the Deed of Gift.”
Ernesto Bertarelli President of Alinghi Defender of the 33rd America’s Cup
December 29
GGYC Now Committed to Deed of Gift Challenge
The Golden Gate Yacht Club (GGYC) said today it will compete for the next America’s Cup according to the basic rules of the Deed of Gift, and will seek to have an upcoming Court Order confirm the regatta for October 2008. “It is time to move on and know where we stand,” Russell Coutts, CEO of the club’s BMW ORACLE Racing team, said. “We had hoped to negotiate a conventional regatta under the Deed’s mutual consent provisions. But the Defender has made it clear to us and the America’s Cup community that they will not negotiate.
We are now fully committed to a multihull event in 2008. “If we are able to win, and Valencia and Spain are supportive, we would return to a conventional America’s Cup regatta in Valencia in 2011 with fair and transparent rules agreed with the challengers by mutual consent,” he said. On January 14th the New York State Supreme Court will review the Court Order to give effect to its November 27th ruling in favor of the GGYC. The club wants to have the Deed of Gift regatta as soon as possible and has asked the Court to provide for this. The club has made a number of attempts before and since the Court’s November 27th ruling to negotiate a conventional regatta, but the Defender has declined on each occasion to take up these offers. From BMW Oracle
From Alinghi:
Simpson Thacher & Bartlett LLP, New York attorneys for Société Nautique de Genève (SNG) filed a motion to renew and reargue in front of the court in the case opposing GGYC and SNG on the 33rd America’s Cup.
Lucien Masmejan, lead counsel for the SNG, responds to few questions allowing a better understanding of why this has been done. Why are you filing this motion to the judge? In substance, we have seen the CNEV rejected as Challenger of Record because of the date of the holding of their annual regatta. The judge appointed then GGYC as Challenger of Record without further instruction, but no one – including the judge - brought its attention on the fact that GGYC challenge was not receivable due to a major flaw in their boat certificate, a key document as per the Deed of Gift. Furthermore it is our conviction –and also the opinion of the highest Court in the state of New York- that New York courts should not interfere with the complex rules associated with organizing and administering the America's Cup. It would be best leaving this to the sailing community. What is the purpose of the boat certificate and what actually is wrong with GGYC certificate? The purpose of the boat certificate is to give the Defender a precise idea of what the challenging boat will be in order to prepare its Defence. The history of the Cup has shown how important was the adequacy of the certificate with regard to the validity of the challenge.. Now, the document submitted by GGYC describes a keel yacht, which is by definition a mono-hull, with a size of 90 feet X 90 feet. We want to make sure this is the boat they would show up with and not a multi-hull, or their challenge would deem to be invalid. What would then happen? Assuming CNEV would no longer be the Challenger of record and GGYC Certification proven defective, other challengers would then have priority over GGYC as Challenger of Record. The list of competitors has now no less than 12 challengers who entered before the deadline of December 15. All these competitors are looking for a multi challengers competition along the lines of the Protocol and the Rules and Regulations presented in November and that they committed to. What is your ultimate objective and why such a procedural process? Our objective is quite simple and we recurrently expressed it. Have a 33AC with a multi challengers’ selection series in AC90 Yachts. As the date cannot be 2009 anymore, we would be looking towards 2011.To answer the second part of your question, I would reiterate that we are not the ones who chose the legal path. Now, we simply continue the process, so the GGYC has to comply with the same level of details they required from CNEV.
January 23
From Alinghi
Judge Cahn considers SNG’s arguments on invalidity of GGYC challenge23-01-2008 New York State Supreme Court Justice Herman Cahn heard arguments today over whether the Golden Gate Yacht Club has put forth a valid Deed of Gift challenge for the 33rd America’s Cup to its current holder, the Société Nautique de Genève and its team Alinghi. “We were glad to make our points and found the Court receptive to our arguments," said Lucien Masmejan, lead counsel for the SNG. "We look forward to a court order properly addressing the issue of the validity of the GGYC challenge." Justice Cahn allowed the SNG to further examine arguments put by the GGYC and invited SNG to present additional submissions on Monday on these issues, including on the definition of a keelyacht versus a multihull. SNG’s submissions will be supported by the interpretation from the International Sailing Federation which was presented to the court. A result in SNG’s favour would put the 33rd America’s Cup back on track with a multi-challenge event in 2011 in Valencia, Spain. As Defender of the America’s Cup, the Deed of Gift gives Alinghi and SNG, as trustee, the serious responsibility of preserving the integrity of this world class sporting event.
From BMW Oracle
Justice Herman Cahn of the New York State Supreme Court today held oral argument on SNG/Alinghi’s plea to rethink his decision of November 27, 2007 in which he declared Golden Gate Yacht Club (GGYC) the valid challenger pursuant to the America’s Cup Deed of Gift. GGYC argued that Justice Cahn’s decision was correct in all respects and there is no basis for the court to reconsider it. "We remain confident that the court will maintain its earlier decision despite SNG/Alinghi’s apparent procedural attempts to delay," Tom Ehman, GGYC’s spokesman said. "We expect that Justice Cahn will soon issue an order setting October 2008 as the dates for our match, and we look forward to getting the Cup back on the water."
March 6
How to save the America's Cup by Vincenzo Onorato.
“I have received numerous requests to intervene, also in the light of the ruling passed by New York Supreme Court. Over the past few years I believe I have been quite restrained in commenting on the difficulties facing the Cup. You'll have noticed that I wrote Cup with a capital "C", and this is indicative of my respect and my passion for sailing and for the America's Cup in particular. We undoubtedly now find ourselves in extremely choppy waters, and it is therefore important to chart our position before plotting our course. The whole problem stems from the protocol drawn up by Alinghi for the 33rd America's Cup which was presented at the end of the regattas in Valencia. This affirmation might appear a trite observation but, as time has passed, I have become increasingly convinced that very few people, including journalists have taken the trouble of reading this document. Whoever has done so with a minimum of attention, but with a sense of humour, will not have been able to hold back a smile, because this is a document designed to regulate a competition which totally lacks any sense of fair play: Alinghi claims the right to choose, at its sole discretion, the regatta judges, the committee, the umpires and themeasurers, even going so far as to state that they must be its employees; in short, it unilaterally lays down the rules of the game. Alinghi, again at its sole discretion, claims the right to accept a challenge or to penalise a rival. There were some who realised this immediately: it was immediately challenged by the seven teams who, a few days after the protocol had been published, signed a letter of objection (Oracle, Mascalzone Latino, Team New Zealand, Germany, Victory, K-Challenge, Luna Rossa); it was challenged by the historic sponsor of the challenger selection series, Louis Vuitton, who announced, in a press release dated 13 July 2007, its withdrawal on the grounds that it did not agree with the rules for the 33rd Cup. To underline Alinghi's complete lack of respect for the role of "trustee", as sanctioned by the "Deed of Gift", the central document on which the regulatory framework of the event is based, it elected as "Challenger of Record" the Spanish Nautical Yacht Club, a non-existent club with no history or members, essentially a sleeping partner that would have given it complete and unconditional control of the event.
Alinghi's team worked hard in the aftermath of Oracle's legal action brought before the Supreme Court of New York to cry scandal and present itself to the whole world as the poor victims attacked by the American bear which had in effect blocked the event by bringing it before the courts. It is worth dispelling any misconceptions on this point: the Cup was effectively brought before the Court by Alinghi, with its ignominously unsporting protocol. Oracle's legal challenge was a courageous salvage operation of the oldest sports trophy in known history. This explains why, here at Mascalzone Latino, we supported Oracle at the Supreme Court of New York with our "amicus brief". Alinghi's media-oriented defence was to state that the other challengers, including Team New Zealand, had been ready to accept the protocol. Today, after the action filed by Team New Zealand, what we already knew has come to light: Alinghi took advantage of the extremely weak economic position in which most of the teams found themselves to impose its own will.
It promised cash to Team New Zealand in the form of waiving registration fees and even going so far as to offer an option on Oracle's base! To sum up, Alinghi's plan was to control the Cup and its challengers in order to guarantee its subsidiary, ACM total economic control of the event. In this context, Alinghi's terse comments seem completely superfluous when it recalled how, in the past, it was the Americans who created the culture of the defender's privilege. The actions taken by the American defenders were childish attempts compared to the complex plot woven above all by Alinghi. The Americans from New York Yacht Club were motivated solely by a deep sense of pride and privilege in keeping the Cup in the States, not for base economic motifs! This brings us to the second aspect of this affair, the economic and commercial side. It is my opinion that the money offered by sponsors should be used to fund the event. I keep my work, which brings in my bread and butter, separate from sailing and I believe that the other businessmen leading the syndicates should do the same. Therefore, I do not agree with Alinghi's avidity, which unfortunately is not even backed by an intelligent commercial strategy. One particular detail has escaped most people: Louis Vuitton decided to back out of the Cup before and not after the legal action brought by Oracle before the Supreme Court of New York. When I think of the America's Cup,
I automatically think of the Louis Vuitton Cup. The two are inseparable, not only blending tradition but also class and culture. They backed out and walked away, on tiptoe, with the good breeding characteristic of those who work for the French company. Given that I had the pleasure of meeting them, I know how much it cost them to abandon the event, the selection of the official challenger, to which only their brand and no other had succeeded in giving such a profound sense of identity. Incompatibility with Mr Bertarelli's vision. This was the gist of the brief comments they made. Losing Louis Vuitton is further proof of the total lack of culture and respect for tradition shown by the top management of Alinghi in handling this event. Above all and paradoxically, it is an intellectual shortfall without precedent in the Cup's history. As if that were not enough, it is also an irreparable error of marketing: the Cup today is an enormous industry funded by major sponsors and a few tycoons. It is an enormous engine driven - in media terms - by glamour, status and tradition. Losing Vuitton has created a culture of suspicion among the sponsors and Alinghi's decision to take the Cup to court has effectively brought this enormous engine to a halt. Let's come back to the story and to the work I have done in the past few months, since the end of the Cup.
I spent the entire summer of 2007 in a vain attempt to broker a settlement between Oracle and Alinghi. I knew that a sure-fire way of losing all the sponsors was to take the Cup to court and I wanted to avoid this.I established contacts with Oracle in order to discuss our points of view. Contrary to Alinghi's declarations, I found Russell Coutts very willing to talk. Oracle's primary motivation was the same as Mascalzone Latino's: to achieve an honest and reliable competition. So I drafted a protocol that broadly speaking included the same rules that governed the 32nd Cup, specifying that, in order to cut costs, the same yachts would be used as in the last event and the use of the new 90ft A.C. class would be postponed until the 34th Cup.
In the meantime, the challengers would jointly draw up the new class rules, which would not give such unfair advantages to the defender. I obtained - I have to confess, to my great personal satisfaction - an informal guarantee from Oracle that if my draft protocol was accepted by Alinghi, they would immediately withdraw their legal action pending before the New York Supreme Court.
The Cup would be saved, and also the date of the event and the economic interests of the city of Valencia. Then I presented the protocol to Alinghi, who did not even have the good manners to reply with a "no thanks, we're not interested."In the autumn, Oracle proved all too ready to negotiate with Alinghi, to the point of accepting almost all the points imposed in the much discussed protocol, only to be turned down again with a scornful refusal. At Mascalzone Latino, although we had not been summoned to appear before the Supreme Court, we joined the proceedings and presented a document summing up our position: in short, this stated that Alinghi's protocol had completely distorted the key principles of the Deed of Gift and the universal principles of fair play. During those hot autumn days, I also had a feeling that an Italian challenge was being prepared simply to exclude us from the Cup, once and forever. Alinghi had declared that it would probably accept only one national challenger.
So we launched our challenge, following the dictates laid down by the protocol. We also had to demonstrate the existence of the Reale Yacht Club Canottieri Savoia, at its third challenge in the America's Cup and with a one hundred year-old history to its name! Alinghi was a little less precise with its Challenger of Records, the "Club Nautico Espano de Vela" which could only claim to have been in existence for a few hours... Since the start of this letter, I have given Alinghi credit for the fact that the affair has an underlying sense of comedy, although this is probably unintentional. Following the launch of the challenge, ACM sent us an invoice for fifty thousand euros which we paid immediately. Are we perhaps the only ones to have done so to date? They replied in writing that they would accept our challenge only if we withdrew our declaration filed with the Supreme Court of New York. This is not required by the protocol, but it is clear that Alinghi writes and rewrites the rules to suit its needs. I answered by reminding them that a citizen accepts the laws even if he doesn't agree with them and that in a democracy there is freedom of speech and criticism. The simple metaphor was not understood.
ACM/Alinghi replied by claiming a public abjuration. It would have been pointless to remind them that the last Italian forced to make such a strong retraction was Giordano Bruno, in medieval times under the Holy Inquisition... It's a harsh precedent that will weigh on the future of the Cup and those who love sailing, but leaving irony aside, we must seriously consider that this event has been profoundly damaged by Alinghi. The sponsors have disappeared and people are tired of all these controversies. The best solution now would be to hold the multi-hull challenge between Oracle and Alinghi, even if, yet again, the latter try to delay the event using every possible tactic. For the survival of the America's Cup, we must hope that Oracle wins, and after that we'll have to roll up our sleeves and work hard. In my humble opinion, the first step must be to reinstate Louis Vuitton.
The French company is not only a sponsor, the Sponsor, but is also and above all the leitmotif of a long history that has survived to the present day and must continue into the future. The event can be saved, and it could be held in 2009, or in 2010 at the latest, but to achieve this it is important to acknowledge the weak situation of the event. It would be best to use the yachts from the last Cup for three good reasons:- To curb costs at a time when all the teams are struggling to survive. Permission should only be given to build one latest generation hull.- By using the existing fleet, the event could be held within a few months, without requiring enormous economic and organisational efforts, and this would also leave enough time to study the new 90ft A.C. class for the 35th Cup.- Last but not least, from a sporting point of view: anyone who is a yachtsman knows that regattas are great when they are "close". The yachts in the last Cup had very similar speeds and the best thing about the last Cup was that we watched some very hard fought and spectacular races.
We don't want to do without those, do we? Personally, I am making enormous economic sacrifices to keep an organisation going that will allow us to race in the next America's Cup with dignity and sportsmanship. I am profoundly saddened about what has happened to this event, but I am a sailor and my experience as a yachtsman is based above all on Farr 40, M30, RC 44 and now also on Melges 32 Many have lost that spirit of enthusiasm for sailing or perhaps they never had it, but it is from this that we must start afresh...
”Good sailing to you all, Vincenzo Onorato
March 17
A letter to Judge Cahn
To The Honorable Judge Cahn,
Dear Sir,
I wanted to drop you a quick note thanking you for your infinite patience in your ongoing hearings involving the Golden Gate Yacht Club (GGYC) representing BMW Oracle and Alinghi’s Societe’ Nautique de Geneva (SNG). Whoever thought the Swiss could be so contentious? Oh, that’s right Alinghi chief Ernesto Bertarelli is Italian, hence the dichotomy. Your thoughtful introspection into the divisive litigation over the 33rd America’s Cup has proved once again that the Deed of Gift stands on its own merits as a brilliant, timeless document that has proved resolute against all takers and remakers. The New York Supreme Court has shown once again that they are the true and rightful arbitrators of yacht racing’s “Holy Grail”. Juxtaposition aside, it is time to close the door on the silver spooning between BMW Oracle’s Larry Ellison and Bertarelli. As the Deed implores; the America’s Cup “is donated upon the condition that it shall be presented as a perpetual Challenge Cup for friendly competition between foreign countries.” In this case, with all the time and effort that you dear sir have spent on the continuing litigation, combined with the New York Court of Appeals providing a definitive America’s Cup roadmap in their ruling on the Mercury Bay Boating Club vs. San Diego Yacht Club in 1990. The time has come to close the door, in lieu of mutual agreement and order the parties to proceed with next America’s Cup or to revoke the charitable trust on the grounds that SNG/Alinghi has not upheld its obligation as current trustee. Honorable Sir, you and your colleagues have rightfully upheld the literal reading of the Deed and rather than having the parties concerned, return to your court every time they need an interpretation of every word in the document, be it “having”, “keel boat” or “when” and “where” it is time to direct the parties to mutually agree or forfeit. If SNG or GGYC cannot come to an agreement on the simplest of terms, the America’s Cup should be returned to the New York Supreme Court and placed with it’s original owners the New York Yacht Club (NYYC). The NYYC can implement the new class rule or a “version six” of the current America’s Cup Class and establish a new protocol for races to commence in Valencia, Spain in 2011.Leading up to the next America’s Cup can be a series of “Acts” which could include stops in Great Britain, Italy, South Africa, Asia and America. SNG and GGYC could be permitted to compete if they were willing to legally comply with a strict set of conditions. As to SNG and GGYC, it is time to settle this like sailors, on the water. With no legal “tolling” in place, the dates of the match were set in GGYC’s challenge for July 4, 6 and if necessary July 8th , 2008. In your ruling of March 17th you were very clear in emphasizing that; “Contrary to SNG’s assertion, that parties wound up entangled in legal proceedings, which “interrupted” the 10-month period (notice given for match by challenger, GGYC), does not invalidate the Notice of Challenge.” With no legal “tolling” (timeout) agreement in place and in spite of BMW Oracle’s own internal toll timeline of 30 days after your court ruling of November 27, 2007, when on December the 29th they announced a commitment to a Deed of Gift challenge and proclaimed race dates 10 months hence in October of 2008, nothing precludes or interrupts the fact that the challenge was set for July of 2008. For Alinghi, it is time to realize that they still have tremendous advantages as the defender. You can be 99% certain of what type of multi-hull BMW Oracle has designed and for what conditions it was built for: hint hint it’s not for heavy weather. Also as the Deed declares: “if of one mast”…… So, Ernesto man up and start building. To the “Ecstasy of St Theresa”, take a page from your own families’ past, when Serano’s founders took the initiative and started extracting urine from all those nuns to start what became; your business. You can build one, two, five new boats. You do not have to declare your defender until the starting line. The boat the BMW Oracle is building is the one they have to race with and isn’t time to demand that “custom-house” registry? That is where MBBC was handicapped with the construction of their monstrous mono-hull, when SDYC declared a catamaran defense the Kiwis were stuck, dead in the water. In conclusion Honorable Sir, your rulings and words have done honor to the living, breathing Deed of Gift, but it is time to put a stop to our journalistic pontificating and the parties’ concerned endless trail of litigation. Order a stop to the march to madness, enforce the dates of GGYC’s challenge, demand a site declaration and as Peter De Savary so aptly put it twenty years ago the last time we were faced with a nexus of litigation: “San Diego, (insert SNG) doesn’t have to do anything but set a course on the water and then get the hell out of the way.” If world class race winners Sayanara and ABN Ambro can fender up to the Arnold Lines coal dock in Mackinac Island, Michigan then anything that BMW Oracle and Alinghi build can show up to race anyplace, anywhere just not anytime….. In the words of the Honorable Judge Sol Wachtler, who concurred with the majority in the New York Court of Appeals ruling in MBBC vs. SDYC when he wrote: “This case has little or no significance for the law, but it has caught the public eye like few cases in this court’s history. Much of the reason for this attention, apparently, is the supposition that here at stake are grand principles – sportsmanship and tradition – pitted against greed, commercialism and zealotry that threaten to vulgarize the sport. In the end, however, the outcome of the case is dictated by elemental legal principles.
”Sincerely, Mark W Reid
April 2, 2008
From BMW Oracle
The Golden Gate Yacht Club (GGYC) said today (April 14, 2008) that further legal attempts by the defender (Societe' Nautique de Geneva, Alinghi) to delay the next America’s Cup Deed of Gift match are regrettable and the club will be doing everything it can to ensure the event remains on track.
“Buried within the legal language of this press release it appears clear that the defender is unsatisfied with Justice Cahn’s decisions and now intends to file an appeal,” Tom Ehman, the club’s spokesman said today responding to a press statement issued by the defender who have filed further papers with the New York State Supreme Court.
From Alinghi
America’s Cup Defender changes jurisdiction to secure a competitive Match in 2009 The Société Nautique de Genève (SNG) has today announced that it proposes to file an immediate appeal with the New York Appellate Court in order to accelerate the current legal process to return the America's Cup to the water with a competitive race. The intransigency of Golden Gate Yacht Club (GGYC) since the day they filed their law suit has forced SNG to move the case to the next level in the New York legal system. In an attempt to obtain a swift resolution to the current uncertainty, an expedited process is being requested together with a motion to stay the case, this in order to suspend the implementation of Justice Cahn’s previous order until the Appellate Court rules. In line with standard legal practice, if the motion to stay and the expedited appeal process are granted, the Appellate Court could issue an order before the end of the June term enabling the competition to take place in accordance with the Deed of Gift, approximately 10 months later. Lucien Masmejan, SNG’s lead counsel, explains: “Our sole objective is to race in a competitive America’s Cup Match. We have stated our desire for a fight on the water sometime after May 2009, but GGYC continue with the destructive strategy that has already eliminated all other challengers. They also refuse to provide the required information on their boat so in order to have a competition in 2009, worthy of the America’s Cup, GGYC’s obstructive tactics leave us no choice but to appeal to achieve our objective.” “We believe that the precedent set by the Mercury Bay Case in the eighties is supportive of the content of our appeal and look forward to the Appellate Court resolving matters in a timely manner.”
Q&A: Lucien Masmejan, SNG lead counsel, explains last legal actions
Following today’s filing of a notice of appeal and pre-argument statement, and anticipating tomorrow’s subsequent motions for stay pending appeal, expediting appeal and expedited relief, we have prepared the following insights into the actions that SNG has taken.Why have you appealed? Our goal is to have it decided on the water and have a competitive America’s Cupin 2009. We are in the process of appealing and filing a motion to request an expedited appeal and to stay the case in order to attempt to fast track the legal process. We have spent eight months engaged at trial court fighting a law suit brought by GGYC to force their way to the America’s Cup Match at the expense of 12 other challengers. Justice Cahn’s order dated 17 March 2008 left key elements unanswered, including the dates for the event. Since then, we had a hearing with Justice Cahn but we still have no certainty as to the ruling. We are now less than 3 months from the dates indicated in the original GGYC challenge and we still do not know when the 10 months notice has started and which will be their boat. In that respect, the Challenge submitted by GGYC on 11 July 2007 does not supply the information prescribed in the Deed of Gift and is not only ambiguous but also contradictory in places. GGYC are now tactically withholding the custom-house registry and vital technical information regarding the boat that they will challenge with from the defender. This tactic is against the terms of the Deed of Gift and most certainly in contrast with the intentions of George Schuyler.What are the next steps? Today, Monday 14 April, we have filed a notice of appeal and pre-argument statement with the New York Supreme Court. Tomorrow, Tuesday 15 April, we will file a motion for stay pending appeal, a motion for expediting appeal, and for expedited relief.We have proposed a timeline that would lead to oral arguments being heard before the end of the June 2008 term to move to a final decision as rapidly as possible.We are conscious that time is a priority and we want to make sure that the 33rd America’s Cup takes place in 2009. We are committed to resolving the current litigation as quickly as is practicable.What does it mean to file a motion for stay pending appeal and a motion for expedited relief? Motion to stay pending appeal means that, if granted, the implementation of any previous order is suspended until the Appellate Court rules. Motion for expedited relief is the fastest possible procedure when the case requires urgent ruling.What do you think your chances of a successful appeal are? Precedent would suggest that our chances are good; the trial court judgement was overturned in the Mercury Bay Case of the eighties. At the Appellate Court the case is heard by a panel of judges. We believe that the opportunity to present our case to a panel of Judges and the opportunity for them to discuss the merits and complexity of the case will lead to a positive outcome.Why do you appeal before Justice Cahn issues the Order stating the dates as requested in the 2 April 2008 hearing? We want to defend the America’s Cup in a competitive and compelling match and to do so we need to have sufficient time to build a competitive boat. The deed of gift entitles us to a full 10 months notice period, which we want to protect in the best interest of the competition. The legal advice we received indicates that appealing now offered us the best chances of ensuring this outcome.Does this appeal mean that the sailing program at Alinghi will stop? Absolutely not. We have a comprehensive program planned for the season that is a blend of competitive multi hull and large mono hull racing to ensure we are prepared for all eventualities. We are looking forward to launching our sailing program along with presenting the new sailing team and design team members to the media at our base in Valencia on 24 April 2008.
April 14
As it stands:
If the SNG does not accept the amended protocol from the GGYC for mutually accepted terms for the next America’s Cup the two yachts clubs will race in 10 months time under the strict terms issued by the deed of gift. This could include racing in a best of three series in an almost anything goes nautical war of the worlds between monolithic foil shaped 90 ft. multi hulled trimarans.
The Trophy
The America’s Cup trophy is a very ornate hollow silver gilt ewer that has been layered over the years to include recent winners and defenders of yachting most prestigious event. It was originally 27 inches in height, 36 inches around in its circumference and weighed in at 134 ounces. It was originally called the Royal Yacht Squadron Hundred Guineas Cup.
The ‘Cup was forged in Britain in 1848 during the Age of Queen Victoria by the prestigious Garrard Company. Some of the original syndicate members suggested melting down the trophy to create silver medals.
Legend has it that a butler retrieved it from the trash during a move before it finally landed back at the New York Yacht Club’s downtown Manhattan clubhouse for its rightful place in its trophy room. Tiffany’s removed its bottom in the 1880’s so the trophy could be secured in its case.
The NYYC lost the America’s Cup in 1983 to the Royal Perth Yacht Club and the trophy has changed hands several times over the last 25 years. After surviving a severe sledgehammer bashing by an indigenous Maori protestor in New Zealand a decade ago, it was returned to the capable hands of the silversmiths at Garrard’s who repaired the trophy free of charge.
Getting out on the town after all that time locked down in a bank vault, the “Auld Mug” has spent the last few years with a bit of a party glow as it is parading about Europe and around the world in an effort to bring the event into the 21st century.
The America’s Cup now resides in Geneva, Switzerland at the Societe’ Nautique de Geneva where it awaits it fate in the New York Courts System.
Posted by Mark Wharton Reid at 9:17 AM 1 comments
Wednesday, April 23, 2008
I promise not to ...
Words spoken in the heat of..... battle, passion, haste, appeal, to soon, to and from journalists, etc etc....
In case you've visited here before the sites from the Golden Gate Yacht Club (ggyc.com) or Societe' Nautique de Geneva (alinghi.com), I suggest you log on over and get ready for some semi-serious reading. As you will no doubt discover, most of what you are reading you have read before.
But, in the Petrocelli Affirmation, their are some pages from the Honorable Judge Carmen Ciparick's decision to toll in the SDYC vs MBBC case in 1987. Definitely the best read of the day.
Before this nightmare is over, expect that Judge Ciparick will again be featured prominently from her words from twenty years ago and possibly from her words yet written. There is more to this than just the final ruling by the NY Court of Appeals from March of 1990.
Anyway, as I began, unless the Appellant Court quickly rules on this and the Honorable Judge Herman Cahn clamps down some ironclad race dates in granite, expect that despite what he says, that Ernesto Bertarelli has exercised his nuclear option to keep this in court for the next several years.
Unfortunately this case is going nowhere but up the ladder from NYC to Albany and in the end........"the love you take is equal to the love you make"
Posted by Mark Wharton Reid at 7:56 AM 0 comments
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About Me
Mark Wharton Reid
Marine on the St. Croix, Minnesota, United States
This site is an America's Cup news & editorial blog. My greatest joy is spending time with my son, when he is not gaming online. My interest in sailing extends to events I have covered or attended from Newport, to Mackinac Island, and over to San Francisco and Honolulu, Hawaii. I wrote for Longitude 122 and published the newsletter 12-Meter Update. During that time I provided updates on racing activities to different newspapers, yacht clubs and media outlets. My experience extended to presentations and lecture formats delivered to corporate sponsors & yacht clubs. Our subscribers included: the New York Yacht Club, Sports Illustrated, Louis Vuitton, the Mystic Seaport Museum, Nautical Quarterly and Sail. Copies of my book Frontrudder, which chronicles the week to week activities leading up to the 26th America's Cup are available to order, by contacting me at markwhartonreid@gmail.com. I enjoy going to the Indy 500 every year, spending time on Mackinac Island and hiking along the Superior Shore trail, near my home. My interests include camping, sailing, downhill skiing, marathon running, the Chicago Bears & Illini sports. HAIL TO THE CHIEF!
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