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.
.
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