America's Cup Update

A Lament for 2013

2011-11-18T09:13:00.000-08:00

The "Sneaky Frenchman". Photo Mark Wharton Reid, from a "privileged" pier somewhere in San Diego.

While we all watched from an adjacent pier to the majestic aircraft carrier the US Midway with much anticipation, waiting the action to begin in this new era of the “stadium sailing” America’s Cup; swiping stories; it became apparent from the start (starts) that the game has changed. Not just with a reaching first leg, or two hulls rather than one but, with a great many things.
We understand the urgency that the America’s Cup Event Authority (ACEA) now feels when they think they have to resurrect a dinosaur. It has been tough to recapture the energy and excitement of the “greatest spectacle in (yacht) racing.”
There was nothing like the euphoria that was felt when Alinghi inched over the finish line in Race 7 against Emirates New Zealand by 1 second off Valencia in one of the greatest races in the history of the event; sans 1983 when Australia 2 captured the ‘Cup.
The emotion of the moment was overwhelming and poof!! It evaporated in a nano- second when the Swiss snubbed the Kiwis in victory lane and shortly thereafter announced that the Club Nautico Español de Vela (CNEV) would be the Challenger of Record (COR) and ever since then the makers have been trying to market whatever magic was in that bottle at the time. PS: The genie is long gone!
As for the racing. There was some good stuff. The fog comes courtesy of San Francisco. Terry Hutchinson and Artimus Racing captured the day with some tricky maneuvers, though not quite as slick as the French who nipped Oracle 5 to make the final.
Holding a 10-second lead early in the race, ORACLE Racing Coutts misjudged the optimum course to the leeward gate. Skipper Darren Bundock and crew were forced to perform an extra maneuver which allowed Aleph to gain the lead and extend to an unassailable advantage.
“We’re a little disappointed with that race,” said Bundock, skippering his first ACWS event. “We got off the start line well and were going well but got stuck at the bottom mark. We didn’t quite lay it properly and Aleph had the inside and we had to jibe away.”
Leaving the American Team to lament on the way to the locker room when asked; "what did they learn today?" That they got beat by the "sneaky French."
There was an aire of familiarity to the whole scene; a steady onslaught of light shifty breezes, false starts, protests, course corrections; many of the names on the backs of the padded out dumpling-like warriors were the same. Though a note to the ACEA; change the protective gear.
Sometimes it makes many of the crew look like little kids who stuffed their tight long underwear, with pillows to battle each other with their cardboard swords in makeshift forts in the family room.
You’d think with the European “fashionistas” like Louis Vuitton, Puma and Prada would dress up the crews to look like the Volvo or Vendee Globe teams. Those crews have a look of space age coolness to them that only Jules Verne could have envisioned, not these jock strap uniforms that look like grand-dad in diapers.
In fact it isn’t every day when an America’s Cup Village is swarming with Boise State fans’ from Idaho. That was surreal in itself. Not to mention the replica of the America drifting around the space age AC 45’s like the ship was lost in a time warp. Oh yeah, we’re next to the Midway, not the Nimitz! This isn’t the “Final Countdown” after all.
But, just as they have assimilated into the BSC mainstream like they have always belonged, so have they here; the Bronco Nation were quite interested, quite articulate and they loved the AC 45 interactive experience ride, must have been the “bucking” action on the trampoline netting!
Speaking of Europe, the organizers need to remember that we are not in Valencia, Spain anymore! The 2013 America’s Cup is going to be held here, in America, not in the crumbling Eurozone. Be it San Francisco (hopefully), which is about as European of an American cities go.
But, alas all is not the same in San Diego. “The world has changed,” indeed as Sir Russell Coutts lamented last year, “this is not you father’s America’s Cup” it is certainly reminiscent of the “facebook” generation, who ironically are fleeing the fading fad in droves as the corporate world erect, enact higher & higher levels and walls of security.
As we traded barbs on that pier, like we were sitting back on the sprawling lawns of Castle Hill in Newport, RI trading words of “cupspeak” someone astutely pointed out “why are they racing in these boats?” There are no points involved. “It’s practice man, we’re talking about practice!” Thank you, Alan Iverson. The AC 45’s aren’t even the boats they will be competing for the ‘Cup in.
In fact training on an AC 45 is like “practicing” for the Indy 500 in stock cars. The point being, this is really AC 34 101. Its back to school for an entire generation of America’s Cup monohull rock stars who need to learn how to race catamarans. Don’t get me wrong, these guys are good. What Jimmy Spithill did and learned on BMW Oracle’s tri-maran in two short years was brilliant!
As far as the AC 45’s go, they do look pretty cool. There is a technical level of sophistication to them. They do take off in a puff like birds on flights of fancy, but they need to be put out to pasture; soon, and given to the kids for the AC Youth World Series.
Why wait to launch the AC 72’s? Money? Cost savings?
No, its called competition. The America’s Cup has never been about a level playing field. Its about an inherent advantage by the home team. Right now, Oracle has a corner on the market in large monohull wing technology and multiple AC 45’s! The shorter the time span for training and development, the bigger the advantage for the defenders.
Even with Emirates Team New Zealand and Italy’s Luna Rosa pooling design resources, it may not be enough to climb the mountain, this time. For the most part all the teams are spending their millions for next time.
What is lacking is star power and soap opera drama. Not Bill Walton, no offense, but Kim Kardeshian!.
To get this America’s Cup off the ground and into the mainstream, we need for Larry Ellison, when he’s kicking back on their 450 ft yacht; the Rising Sun, with his friend David Geffen to have the media mogul exert his vast influence to draw in some Hollywood wives into AC 34.
Even with the new AC 45’s there is a feeling of; “been there, done that.” As with the press debacle, the event is caught up in a web of its own making that was spun generations ago; of sophisticated snobbery.
The America’s Cup is the majestic sport of kings. Of the Gods! After all, Artimus, daughter of Zeus is being invoked into the imagery here. What is missing is drama. There is no Dennis Conner plotting to reclaim the ‘Cup from the Australians who stole it in a “Dutch” boat or the “evil” Michael Fay sneaking in a Deed of Gift challenge to the San Diego Yacht Club while the “bickering Bickerson’s” were trying to figure out if the races were going to be in San Diego or Hawaii.
Even the corporations are missing. I guess its tough to rub elbows with someone, who has put the fear into his corporate competitors of getting rubbed out! The styrofoam “safer barriers” with the names of a few corporate providers, being dragged around and on the race course, just doesn’t cut it’
This is a great event, in spite of itself. They are trying to do good things. Put the pretense behind, open the doors of your world to everyone and relish in the possibilities of 2013 in San Francisco.
In conclusion; an observation, there are good things going on. This has a chance to be more than a one-time affair. The prospect of AC 72’s thrashing and crashing it out on San Francisco Bay as they rip around Alcatraz Island will be like a mind blowing thrill ride for all in attendance. And its free!
Though a note to the challengers; yacht designers are doing great things with monohulls these days, they are not just “lead bottomed money gobblers”.

Day One

2011-11-13T08:09:00.000-08:00

Day One of the inaugural America’s Cup World Series (ACWS) in San Diego, CA began with a flutter (light to little wind), and ended with a flurry (not snow, but a lot of rain) with Sweden’s Artemis Racing capturing the first race and Team China winning the second in very inclement weather.
A handful of hardy spectators braved the elements to catch a glimpse of the first America’s Cup action to be had in Southern California since the Kiwi’s lifted the “Auld Mug” in 1995 and brought the regatta down to Auckland, New Zealand.
Even with the rain, the overall mood couldn’t be brighter, there is plenty of racing left and the rains should be moving out to sea today for the advent of the second day of racing. Race 3 was called off, when heavy rains materialized (it is November in California, you know).
It was certainly Team China’s best day out on the water since 2007 when the first Chinese America’s Cup team beat BMW Oracle in the 3rd round of the elimination trials off Valencia, Spain, which sent the American team down a path of destruction that it never fully recovered from.
“That’s our first win,” confirmed China Team skipper Charlie Ogletree. “It’s a great feeling. We’ve been working hard and I think the whole team deserves it, from shore team to management, to everyone. It’s huge. Everyone has been doing double duty, working really hard, so it’s a very positive thing for us.”
South Korea and Oracle 4 jumped the gun in Race 2 as rains swept across the shortened course and Ogletree called the right shots to stay in front of the fleet in the deteriorating conditions.
Race 1 was rather uneventful with the light and shifty winds, with Artimus coming up from the back of the pack with Emirates Team New Zealand nipping at their heels all the way to finish second.
Artemis represents the Challenger of Record (COR) the Royal Swedish Yacht Club (Kungliga Svenska Segel Sällskapet) for the 34th America’s Cup. The team is led by Skipper Terry Hutchinson, who was the tactician for the Kiwi’s in 2007.
“It was about being in the right place at the right time today,” said Hutchinson. “It was a bit cold and wet. They say it is never like this here so it is good to get this out of the way this weekend!”
The Swedish yacht club is one of the oldest and most prestigious in the world. It was formed in 1830 and hosts for its annual regatta the Gotland Runt in the northern archipelago off the Baltic Sea. Despite the country’s propensity for cold weather, most of it lies south of the Artic Circle.
Artemis, for those in the know, is the twin sister of Apollo and the daughter of Zeus in Greek mythology. She is renowned for being the Goddess of the wild kingdom, depicted quite often sporting a majestic bow and arrow.
The Swedish team inherited the COR maniquer when Vincenzo Onorato’s Team Mascalzone representing Club Nautico di Roma dropped out earlier this year citing “funding limitations”.
Mascalzone was BMW Oracle’s foil after the American team won the America’s Cup match in 2010 off Valencia, ironically playing a role similar in scope to the denigrated Spanish COR, the Club Náutico Español de Vela (CNEV), only with a telephone and a website.
The COR is responsible for representing the challengers interests and organizing the elements of competition of what is the Louis Vuitton Cup (LVC). The winner of the LVC challenges the yacht club and team that is defending the America’s Cup in a best of nine series of races scheduled to take place in San Francisco, CA in September 2013.
Currently the Golden Gate Yacht Club holds title to the ‘Cup and Oracle is its champion.
Racing resume today in San Diego and the forecast calls for bluer skies and light to moderate winds from 6-9 knots.

San Diego's Preamble

2011-11-11T20:27:00.000-08:00

As San Diego, California finalizes its preparations to host the 3rd round of the America’s Cup World Series (ACWS) and its first stop in the United States, it shares center stage with several high profile sporting events over the weekend.
The NFL is in town with the San Diego Chargers playing the Oakland Raiders, and the initial Carrier Classic college basketball game between the Michigan State Spartans and the North Carolina Tar Heels takes place on the flight deck of the USS Carl Vinson on Veterans Day with President and Mrs. Obama in attendance.
San Diego is well suited for an ACWS event having hosted 3 defenses of the America’s Cup between 1988 and 1995 off of Point Loma; plus two AC World Championships. In addition, it served as the training base of operations for BMW Oracle a few years back, when they tested their radical tri-maran USA 17 with its monstrous wing-sail for the 33rd America’s Cup in 2010.
The ACWS “festival of speed” encompasses two weekends. Featuring nine AC 45 catamarans, representing eight teams; plus a battle of multiple rock bands; shops, food, with an international flair and an amazing AC Village set onboard another aircraft carrier; the Midway!
The catamaran action will be front and center, providing a vantage point for the tens of thousands who will be in attendance to witness the bump & grind of ‘round the buoy racing within the tight confines of San Diego Bay off Harbor Island. All this as the America’s Cup Event Authority (ACEA) further exercises its classroom experiment in the art of “stadium sailing”.
As the ACWS heads into San Diego after stops in Cascais, Portugal and Plymouth, England, four teams are separated by just 3 points; led by Emirates Team New Zealand on top with 19 points in first place. Closely followed by; and tied for second place is Artemis Racing from Sweden, Team White Tiger from South Korea and Oracle Racing’s Team Four, with skipper Jimmy Spithill.
All the rock stars will be in place. In addition to Spithill, who skippered USA 17 to victory in the America’s Cup last year, American Terry Hutchison is on Artimas, Dean Barker is driving for the Kiwis again and the legendary Russell Coutts, though off the boat for Oracle (by his own volition, he is the CEO, after all) will surely make his presence felt in some respect.
The teams compete in AC 45 catamarans which were all built by Core Builders in Warkworth, New Zealand under a class formula, which allows for minimal modification parameters at this point by the teams in competition. Each boat is fitted with a state of art fixed wing-sail measuring more than 70 feet in height and in combination with the gennaker jib more than 1,500 sq. ft. of sail area!
The boats so far have shown great bursts of speed at more than 40 knots per hour (kph) and a propensity for pitch poling & capsizing! The series in Plymouth featured multiple rollovers in an event that captured the action like a World of Outlaw winged sprint cars race on the dirt bull ring tracks across America. The “capsize club” has captured about every team to date!
What makes the new format for the America’s Cup unique to its rich history is that the format for the event is set up for sailing within the confines of bays and harbors in order to bring the racing home for average spectators who can watch the action from shore.
Fleet racing in San Diego begins this weekend and while the points in these events will not count towards the Louis Vuitton Series for the challengers, the sailing and competition has been intense for all the teams as they get used to this form of racing in preparation for the 2013 America’s Cup in San Francisco, when the stakes will ratchet up when the competitors transcend to the AC 72’s next year!

Prada's Back!

2011-11-11T20:00:00.000-08:00

The Circolo della Vela Sicilia of Palermo and the team Luna Rossa Challenge 2013 have announced that their Notice of Challenge for the 34th America’s Cup, which will be held at San Francisco in September 2013, has been accepted by the Golden Gate Yacht Club.
In a unique technical and sporting cooperation with Emirates Team New Zealand, the two teams will share information in the design of their AC 72's next year.
Luna Rossa Challenge 2013 and Emirates Team New Zealand have signed a cooperation agreement until 31st December 2012 which includes full access to all ETNZ design and performance data for this period. The hulls for the Luna Rossa AC72’ will be built in Italy and all other elements will be built in New Zealand in close cooperation with Emirates Team New Zealand.
Luna Rossa’s 2012 program includes the opening of a base in Auckland (New Zealand) for the joint training, the participation in all events of the America’s Cup World Series (ACWS) with the AC 45’ wing catamarans and the launch of the AC 72’ wing catamaran for the America’s Cup.
From March 2013 the team Luna Rossa will continue its sporting preparation and technical development of the AC 72’ in San Francisco and will participate to all events scheduled for the 34th America’s Cup.
“I am certain that the co-operation of Luna Rossa with Emirates Team New Zealand will produce excellent results, giving to both teams a faster and more effective development both in the technical and in the sporting fields", declared Patrizio Bertelli, Team Principal of Luna Rossa Challenge 2013. Adding that the choice of the "Circolo della Vela Sicilia as challenging yacht club is also significant: I think it is important, in a moment like this, to underline the unity of our country also in the field of culture and sports”.
“The cooperation with Luna Rossa is another step towards the long-term objective of establishing our team as a provider of technology and services that highlight New Zealand’s marine industry expertise", stated Emirates Team Boss Grant Dalton.

The team Luna Rossa was established in 1997 by Patrizio Bertelli with the original name of “Prada Challenge for the America’s Cup 2000”. At its first attempt the team wins the Louis Vuitton Cup – the challengers’ selection series - in 2000, with a record of 38 victories over 49 races. Luna Rossa has participated also in 2003 and in 2007 it reached the Louis Vuitton Cup final. Luna Rossa is currently participating in the Extreme Sailing Series, the Extreme 40’ catamarans circuit, where it is leading the overall standings.

Emirates Team New Zealand is the current holder of the Louis Vuitton Cup and is leading the America’s Cup World Series. Established in 1985 as the New Zealand Challenge, Emirates Team New Zealand has won both the America’s Cup twice and the Louis Vuitton Cup twice. It also participates in the Audi Med Cup and Extreme Sailing Series international racing circuits and will be at the start of the 2011/2012 Volvo Ocean Race with the yacht CAMPER.

The Circolo della Vela Sicilia, founded in 1933, is one of the oldest and most prestigious yacht clubs of the Mediterranean. Its club house is in Mondello, a few kilometres from the centre of Palermo. Throughout the years the Circolo della Vela Sicilia hosted many prestigious national and international regattas, including the J 24 and Star Class European Championships, the Italian Olympic classes Championship and the “Palermo – Monte Carlo” offshore race.

---From America's Cup Event Authority on behalf of CdVS/Luna Rossa

America's Trust

2011-10-26T08:34:00.000-07:00

The Trust that George Schuyler placed in the New York Yacht Club.

This is the first of a 3-part series on George L Schuyler from the forth coming project; "America's Trust". The letters and "Deed" language comes from Lawson's "History of the America's Cup".

The faith that George Schuyler placed in his associates, family, friends and ultimately unto the New York Yacht Club, as the last surviving member of the America Syndicate,the infamous group of characters that won the yachting trophy some 36 years earlier off the Isle of Wight against the best that Great Britain could offer at the time; has offered an unwavering conviction.
It is in trust that his written words and deeds would further transcend generations of yachtsman that ultimately would survive the tests of time and technology.
When the dust finally settled on the thirty-month skirmish that has redefined the terms and conditions upon which the State of New York’s most cherished charitable trust can be consummated between a challenger and defender.
As ugly as that divorce was, the New York Courts have ultimately been able to redefine many aspects within the Deed of Gift (DoG), a document that has tested its mettle and weathered the test of time well. Now, thru the efforts of several judges, some actively willing, while others are being dragged serendipitously kicking and screaming thru this debacle ultimately led to the second DoG America’s Cup in its history.
While the Societe’ Nautique de Geneva and the Golden Gate Yacht Club pounded it out in court, and finally weather permitting they did carry out their war of words out on the water with their behemoth multi hull scientific space creations. The Deed of Gift has shown itself to be a formidable text that has the staying power of a Constitution, Magna Carta or the Declaration of Independence.
Despite attempts by certain syndicates to own or establish their control on the event known as the America’s Cup over the years the charitable trust itself is a testament of endurance that will survive and thrive this sometimes maddening attempt to hijack its spirit.
Fortunately it did not land back in the Honorable Judge Shirley Kornreich’s Chambers. The indomitable trophy will now live on as mutual consent and a new protocol will shape the event for the next century.
What has been inherently defined in this whole process of angst, anger and litigation is the author himself George Lee Schuyler.
What words, foresight, plus a damned grand amount of legal clarity was poured into his third attempt to rectify concerns for the past, present and future custodians of the America’s Cup.
With Schuyler’s Deed of Gift that he again bequeathed to the New York Yacht Club, defenders of the world’s oldest sporting trophy have deftly shaped the affair away from a latitude attitude of aspiration towards a drive on a longitude tack towards the pin line set for the next set of challengers to try to capture the ‘Auld Mug into perpetuity.
When it came to carving out a document, or negotiating terms, Schuyler was as shrewd and astute that an entrepreneur, with lawyerly inclinations could be. He served as an acronym, born to privilege and persuasion from one America’s founding families and marital dynasties Schuyler forged a lineage that have if General George Washington would have had, if it were his bloodlines not the Schuyler’s and Hamilton’s.
In his third and final attempt at a lasting Deed with staying power that Schuyler
Schuyler, through all his business interests in finance, railroads, defense and shipping was a consummate fixture at the Yacht Club’s regatta events, not just as the Commodore or President, but as a referee, measurer and race committee member.
The original contest for the One Hundred Guinea Cup took place off England's Isle of Wight in 1851. After finally getting his race and with wagers in place, the contest was won by the George Steers designed yacht America, against 18 British cutters, schooners and yachts. The diamond shaped island with its infamous jagged landmark “the Needles” jutting out into the English Channel.
The Isle’s rich history included ferocious naval battles in the late Eighth Century, as King Alfred's forces clashed with Viking ships off Brading Haven and Charles Dickens wrote “David Copperfield” at Winterbourne
On board, were Syndicate Chief and New York Yacht Club Commodore John Cox Stevens, who later presented the trophy to the Club in 1857 as a charitable trust, members included financier James Hamilton, Alexander Hamilton’s son and George Schuyler’s father in-law.
The 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.
1851 was a regal year for Great Britain with opening of the Crystal Palace a massive cast iron and glass building in Hyde Park constructed to house the Great Exhibition where exhibitors from around the world gathered display the latest technology of the Industrial Revolution.
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 Queen’s favorite royal vacation retreat in East Cowes is the Osborne House, which was designed by her husband Prince Alfred and with his birthday only a few days after America made off with the Cup must have taken a bit of shine off the celebration.
It was Schuyler’s idea that the America’s Cup should become an International Trophy and was convincing in his discussions with the remaining surviving syndicate members that on July 8, 1857 he drafted the original conditions on which the “Auld Mug” could be challenged for as a perpetual sailor’s trophy between friendly countries.
The first Deed of Gift was a relatively simple document and was accepted by the membership of the New York Yacht Club which sent out its first notice of challenge on July 21, 1857.

July 8, 1857.
Any organized yacht club of any foreign country shall always be entitled through any one or more of its members, to claim the right of sailing a match for this cup with any yacht or other vessel of not less than thirty or more than three hundred tons, measured by the custom-house rule of the
country to which the vessel belongs.
The parties desiring to sail for the cup may make any match with the yacht club in possession of the same that may be determined upon by mutual consent ; but, in case of disagreement as to terms, the match shall be sailed over the usual course for the annual regatta of the yacht club in
possession of the cup, and subject to its rules and sailing regulations, the challenging party being bound to give six months' notice in writing, fixing the day they wish to start.
This notice to embrace the length, custom-house measurement, rig and name of the vessel. It is to be distinctly understood that the cup is to be the property of the club, and not of the members thereof, or owners of the vessel winning it in the match ; and that the condition of keeping it open to be sailed for by yacht clubs of all foreign countries upon the terms above laid down, shall forever attach to it, thus making it perpetually a challenge cup for friendly competition between foreign countries.
Signed,
George L. Schuyler.

It wasn’t until after the American Civil War and the beginning of the bitter terms of reconstruction that in 1870 after several attempts by Englishman James Ashbury, through the Royal Thames Yacht Club that a challenge was finally accepted.
Ashbury’s family had built their fortunes by developing an early railway carriage (railroad) which would have been quite appealing to Schuyler whose own interests at this point included ownership and partnerships in several railroad corporations
The first race for the “America's Cup” was in 1870 off of Staten Island, in New York as the schooner Magic led a fleet of schooners from the NYYC, which included America, on loan from the United States Navy; over the infamous “inside course” off Stanton Island to defeat Ashbury’s champion, Cambria by 39 minutes 17 seconds to defend the America’s Cup in the one and only race that year.
Though, not officially modified, Schuyler was called upon to interpret the Deed after the ‘Cup races the previous year when Ashbury inquired about a second challenge but, voiced objections about “fleet “racing. After a formal letter to the ‘Club’s Commodore James G. Bennett who then turned the matter over to Schuyler for interpretation, writing the following:
"I think that any candid person will admit that when the owners of the America sat down to write their letter of gift to the New York Yacht Club, they could hardly be expected to dwell upon an elaborate definition of their interpretation of the word “match”, as distinguished from a sweepstakes or regatta; nor would he think it very likely that any contestant for the cup, under conditions named by them, should be subjected to a trial, such as they themselves had considered unfair and unsportsmanlike. It seems to me that the present ruling of the club to sail a fleet against a challenging vessel renders the America's trophy useless as a challenge cup." The NYYC ruled on March 24th, 1871, that Schuyler's interpretation of the deed of gift, and resolved "that we sail one or more representative vessels, against the same number of foreign challenging vessels."
The 1870 match was the last fleet race for the America’s Cup.
In 1871 Columbia and Sappho defend 4-1, by defeating Livonia from the Royal Harwich Yacht Club on both the Sandy Hook Lightship and the New York Harbor courses. Livonia was named for a province in Russia where Ashbury had established contracts for his burgeoning railroad empire. For the match, Schuyler’s son Philip a member of the Club as well, served on the race committee.
With all the extensive correspondence between Ashbury and the Club, many lessons were learned on both sides as to the extraneous nature of what the competition for the America’s Cup had become.
For now, and the foreseeable future the way the Club conducted itself indubitably or in a litigious fashion would reflect its efforts as perceived in the public’s eye.
In 1876 Madeleine crushes a woefully prepared Countess of Dufferin from the Royal Canadian Yacht Club from Cobourg, Ontario 2 to 0. The 107’ challenger was designed and built by Alexander Cuthbert. Again, in 1881 the NYYC accepted a challenge from the north as Mischief beats Atalanta from the Bay of Quinte Yacht Club from Belleville, Ontario 2-0. The Canadian Challenger was towed by a pack of mules thru the Erie Canal. In response Schuyler revises the Deed of Gift to include yacht clubs that hold their annual regatta “on the sea or an arm of the sea”.
The question of returning the cup to Mr. Schuyler for reconveyance came up after the races of Mischief and Atalanta. The club, by resolution, on the 17th of December, 1881, returned the ‘Cup to Mr. Schuyler, who, on Jan. 4th, 1882, reconveyed it to the club by a letter of gift, in which the ‘Cup was vested in the club as trustee under the following conditions:

February 2, 1882.
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), practicable for vessels of 300 tons, shall always be entitled, through one or more of its members, to the right of sailing a match for this Cup, with a yacht or other vessel propelled by sails only, and constructed in the country to which the Challenging Club belongs, against any one yacht or vessel as aforesaid, constructed in the country of the club holding the Cup.
The yacht or vessel to be of not less than 30 nor more than 300 tons, measured by the Custom House rule in use by the country of the challenging party.
The challenging party shall give six months' notice in writing, naming the day for the proposed race, which day shall not be later than seven months from the date of the notice.
The parties intending to sail for the Cup may, by mutual consent, make any arrangement satisfactory to both as to the date, course, time allowance, number of trials, rules and sailing regulations, and any and all other conditions of the match, in which case also the six-months' notice may be waived.
In case the parties cannot mutually agree upon the terms of a match, then the challenging party shall have the right to contest for the Cup in one trial, sailed over the usual course for the Annual Regatta of the club holding the Cup, subject to its rules and sailing regulations, the challenged party not being required to name its representative until the time agreed upon for the start.
Accompanying the six months' notice, there must be a Custom House certificate of the measurement, and a statement of the dimensions, rig and name of the vessel.
No vessel which has been defeated in a match for this Cup can again be selected by any club for 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 such contest has taken place.
Vessels intending to compete for this Cup must proceed under sail on their own bottoms to the port where the contest is to take place.
Should the Club holding the Cup be for any cause dissolved, the Cup shall be handed over to any club of the same nationality it may select which comes under the foregoing rules.
It is to be distinctly understood that the Cup is to be the property of the club and not of the owners of the vessel winning it in a match, and that the conditions of keeping it open to be sailed for by organized yacht clubs of all foreign countries, upon the terms above laid down, shall forever attach to it, thus making it perpetually a Challenge Cup for friendly competition between foreign countries.
Signed,
George L. Schuyler

In 1885 Puritan defends, winning 2-0 over Genesta from the Royal Yacht Squadron. Puritan was a keel-centerboard sloop designed by Edward Burgess for a Boston, Massachusetts based syndicate. Genesta was a deep keeled “plank on edge” cutter.
In 1886 Mayflower wins 2-0 over Galatea from the Royal Northern Yacht Club in Scotland. With a luxurious interior, attired with voluptuous furnishings by its owner Lieutenant William Henn and his wife it was hardly a scaled down racing yacht.
In 1887 Volunteer defends the ‘Cup beating Thistle 2-0 from the Royal Clyde Yacht Club. Thistle created a controversy that required a permanent revision of the Deed of Gift by sole surviving member of the original America Syndicate George L. Schuyler.
Thistle arrived under a great deal of secrecy and then measured 1.46 feet longer on its lines than reported by its designer, George Watson. When the challenge was submitted it waterline length should have measured in at 85 feet. The NYYC deemed the discrepancy “unintentional” and the races went on as scheduled.
The America's Cup Committee deferred again to its esteemed senior member to arbitrate the dispute that existed between the Yacht Club and Thistle’s owner, James Bell over the measured length of the challenger. The question posed to Schuyler was; "Is the variation sufficient to prevent the challenger being entitled to race for the cup with the boat named?”

To James D. Smith, Chairman America's Cup Committee of the New York Yacht Club:

My reply to the questions submitted to me by your committee and Mr. Bell is as follows: The clause in the deed of gift which requires, besides Custom House measurement, a statement of the "dimensions" of the vessel, is intended to convey a just idea of the capacity of the same without reference to any rule for racing tonnage which may be in force at the time the challenge is given.
The length of load water-line is an essential element. It was furnished by both Genesta and Galatea, and had it not been given by Thistle, the committee should have demanded it before closing the terms of the match.
Mr. Bell did, however, furnish the load water-line of the Thistle, notwithstanding his misapprehension of the necessity of doing so, for the reason, as stated by himself, that if that information was withheld it would be impossible to determine, with any approach to accuracy, the power of his boat, a reason which proves the necessity of length of load water-line being a factor in giving the "dimensions" of the vessel, as well as the desire of Mr. Bell to do everything in his power to make a fair trial between the contestants for the cup.
Your second question refers to the discrepancy between the load water-line of the Thistle as furnished by letters March 16th, 1887, about 85 feet, and the actual measurement made in New York, 86.46 feet. The length of load water-line of a vessel in commission is accurately obtained;
but, before launching, as was the case with the Thistle, there was no course left for the owner but to apply to his designer for the necessary information.
This was done, and the certificate of the designer was forwarded, stating that "it was impossible to give exactly the water-line length; this, however, is her designed length, and when she is afloat and in racing trim, I have no reason to expect that it will be more than an inch or two out either way."
The importance of accuracy in giving the dimensions of a yacht challenging for the cup is so great that any decision reached in any one case cannot be used as a precedent in any other which may arise. A great error in any of the "dimensions," whether through mistake or design, would vitiate the agreement a small one should be governed by the circumstances attending it, and always on the liberal side.
Although the variation between the stated and actual load water-line is so large as to be of great disadvantage to the defender of the cup, still, as Mr. Bell could only rely upon the statement of his designer, he cannot, in this particular case, be held accountable for the remarkably inaccurate information received from him, and I therefore decide that the variation is not sufficient to disqualify him from starting the Thistle in the race agreed upon.
Respectfully yours, George L. Schuyler.

Controversies and insinuated scandals driven by two mediocre Canadian challengers and the Thistle incident led the NYYC to make changes in the Deed of Gift.
In 1893 Vigilant triumphs 3-0 over Valkyrie ll, representing the Royal Yacht Squadron. Vigilant was the first America’s Cup defender designed by Nathaniel Herreshoff of Bristol, Rhode Island. Valkyrie was leading in the third race when she blew out two massive headsails in a strong breeze and in 1895 Defender defends, beating Valkyrie lll 3-0 again from the Royal Yacht Squadron in a series marred by controversy.
Windham Thomas Wyndham-Quin the infamous fourth Earl of Dunraven alleged fraud on the part of the NYYC because of discrepancies over measurement requirements. Dunraven alleged ballast was being moved around and wrote the Club on the eve of the first race “that every precaution should be taken that the vessels sail on their measured load waterline” in view to protect against possible “alterations”. For years Dunraven would claim, without merit that Defender sailed four or five feet longer than her measured length. The controversy would tarnish the Cup for years until the gentlemanly and congenial Thomas Lipton challenged in 1899.

Our hearts go out to WingNuts, Photo M. Morley

2011-07-18T17:28:00.000-07:00

Tragedy struck the 103rd Annual Chicago to Mackinac Yacht Race early Monday AM as a swift moving storm swept across the upper half of Lake Michigan just south of the Fox Islands, as the ultralight Kiwi 35, WingNuts from Saginaw, Michigan was flipped over by high winds throwing the crew of eight into the stormy dark waters.
An intense lightning driven thunderstorm hit hard, and luckily with water temperatures in the high 60's it enabled the survivors to wait for help after launching their communication devices for rescue. They were all wearing life jackets and were rescued shortly by the valient crew of "Sociable" who immediately abandoned the race to join in search efforts.
Most of the crew were able to get unshackled and climb aboard the over turned hull. Unfortunately, the skipper and owner Mark Morley, 51, and Suzanne Bickel, 41, both from Saginaw, MI were thrown overboard and were declared "missing" until the Coast Guard recovered the bodies several hours later
Morley had 44 years of sailing experience, including six Chicago Mackinacs and 85 qualifying races. Bickel had sailed in two previous Chicago-Mackinac Races, with 16 qualifying races.
In a brief statement Commodore Joseph S. Haas said, "On the behalf of the Chicago Yacht Club Race to Mackinac, the Board of Directors and Flag Officers, we express our deepest condolences to the family and friends of the crew of "WingNuts." The crew of this boat exemplified the spirit of the Chicago Mac that is steeped in tradition of family, friends and passion for the water."
Five sailors were pulled from the water on arrival to the scene and one other sailor was later rescued. The six sailors were rescued by the crew of "Sociable."
The accident occurred approximately 13 nautical miles northwest of Charlevoix, Michigan, and 10 miles east of South Fox Island.
A description of the boat posted on sailingnetworks.com describes it as; "one of the original sport boats built of Divinycell and Kevlar the boat is very light weight, but it's most unusual feature are it's wings. The hull is 8 foot wide but on deck the wings extend the width to 14'.
The boat has been upgraded with the addition of a 12' carbon retractable bow sprit and a carbon mast and extended boom with a big roach main.
It is very similiar in appearence to Michael Fay's 1988 135' America's Cup Challenger New Zealand KZ1.
Given the high winds with gusts of more the 50 miles per hour and 4 to 6 ft. waves the boats unigue wing desogn could have contributed to it flipping over.
In the races 103 year history these are the first 2 recorded racing deaths. That fact in its self is remarkable given the frequent verosity of storms that whip across the Great Lakes, sometimes with little or no notice.
In respect to this tragic accident, the crew was very experienced and qualified to be out racing. The storm swept quickly across the upper half of the course north of the Manitou Islands and held most of the fleet within its grasp.
Windquest, RJ and Doug DeVos's 85 ft. yacht had crossed the line several hours earlier to be first to finish. The boats most vulnerable to the severe weather range from 30 to 45 feet in length and are primarily crewed by "weekend" warriors, heading on their yearly pilgrimage to Mackinac Island. One of the most frightening aspects of events for friends and families of the competitors was the fact that the race tracking system managed by IONEarth was down. In today's world, such a lapse is inexcusable.
The storm retired at least twenty boats from competition.
Obviously our thoughts and prayers are with the families of the WingNuts crew. It is a reminder though, that racing can be a dangerous business, especially on the Great Lakes. Hopefully, next year the CYC will have a capable partner in tracking boats during the race so that family and friends will not have to needlessly worry about where their loved ones are on the lake. IONEARTH's (Traverse City) service for the Chicago-Mac Race this year has been mediocre at best, everyone deserves better

Are the 45's Coming to Your Town?

2011-04-04T22:29:00.000-07:00

Disappointed that the AC 45'S won't visit San Francisco. By next year everyone will be in their AC 72's! Cudo's to Plymouth! But, it is a bit of a stunner, condidering that Team Origin backed out of the next America's Cup and its CEO, Sir Keith Mills seemed to be critical of the GGYC's processes, including choice of yacht.
Also, it is ......a slap in the face for a lot of the actual challengers who could probably use a "world series" event in their country to generate enthusiasm.
It also smacks of payback that Cascais, Portugal is a site selection for the first round, even though its an excellent venue.
Where's San Francisco? They need to muster a multitude of public support, plus revenue to pull this off in 2 1/2 years. Certainly, Newport, RI doesn't need to "gut" Fort Adams to host a world class event? What about NYC, Rome or Asia? These announcements all seem to be a bit rushed, with little or no vetting process.

THE DAY OR TWO AFTER.

2010-02-16T21:02:00.000-08:00

James Spithill Russell Coutts Larry Ellison John Kos-tecki. BMW Oracle Racing.

It’s America’s Cup again! In winning the ‘Auld Mug off Valencia, Spain; USA BMW Oracle, representing the Golden Gate Yacht Club (GGYC) in San Francisco, now embarks on a journey to reclaim the high ground. Their mission, is to repair all that was lost over the last two years of endless litigation.
In a match that was settled on the water and produced an awe inspiring image of the two most technologically advanced racing boats ever built to compete for yachting’s most prestigious trophy. The America’s Cup seems back on track again.
“It is a fabulous experience I am very proud to be part of this team and I am exceptionally proud to bring the America’s Cup back to the United States of America for the first time in a very long time,” said Larry Ellison, USA team founder and afterguard member.
As the battle for the type of boat, venue and the date begins, its time to look back on yachting’s Saint Valentine’s Day massacre and look forward to what should be an exciting and harmonious 34th America’s Cup.
“What a fantastic race,” said USA Skipper James Spithill. “I would really like to congratulate Alinghi for bouncing back today; they were coming out there swinging.
“We knew they were a champion team and they showed that again today,” said Spithill. “Full credit to them it was one hell of a boat race. I tell you, I enjoyed every minute of it.”
For Spithill, it was clearly the game changing event in his career. One of the most aggressive starters in match racing, he lived up to his reputation and reminded a lot of people of a young Dennis Conner, who made his reputation as a terror in the start box.
“I think this was a very challenging event,” said Coutts. “Even two or three months ago I was not sure that we could have our team working effectively enough to beat these guys. I know, because I was in team Alinghi and I know how good they are.”
“It was a fantastic effort on our behalf to have beaten them and certainly I hope to see them back and competing in the America’s Cup,” said Coutts.
As for Alinghi and the Societe Nautique de Geneva, let the second guessing begin. This race was fought on two fronts, in the courtroom, where USA’s legal team waged a brilliant defense of the Deed of Gift (DoG) and on the water, where America’s technology superiority was showcased in this event for the first time since Bill Koch upped the ante in 1992 with America “3”.
“They had a strategy and they got a little help from the legal system in New York, that always makes things difficult for us Europeans to get the same sort advantages,” lamented a dejected, but upbeat, if not cynical Ernesto Bertarelli, Alinghi’s Owner and helmsman. “They were able to change their boat when they saw ours, they were able to bring a wing and they were faster.”
“I think both days were real races and unfortunately it is just two races, but I’d like to congratulate Oracle on the job that they have done, designing, building and sailing that boat,” said Alinghi tactician and clearly one of the best sailors in the world, Brad Butterworth. “It is not an easy thing to do, to change their boat, to re-mode it and to push it when they saw what we were coming out with.”
In the design race that became this America’s Cup, BMW Oracle christened their new boat 13 months after their challenge was submitted in July, 2007. Alinghi had another 10 months before they launched their new boat. Both teams modified their boats extensively and copped many “secrets” from each other. The boats are kindred spirits, but clearly the wing sail tipped the scale.
Even if the boats had raced in RAK in the United Arab Emirates, on the Persian Gulf, the results would have most likely remained unchanged. The wind conditions were in Alinghi 5's "range". USA was generally able to power up at will, as seen in Race One, after stalling out at the start and then literally, able to reel Alinghi in with the throttle down, over a matter of moments.
“So, good on them and maybe I wouldn’t have done the same thing, but that is the America’s Cup, it is not the European Cup, it is the America’s Cup,” said Bertarelli. “The Americans have a bit of an advantage but they take the Cup back home. Let’s see what happens now.”
It is a billionaires game and as J P Morgan once remarked over a century ago; “if you have to ask how much it costs, you can’t afford it.” The same holds true today, though clearly there will be an impetus towards cost cutting.
As far as venues go the early front runners are; Valencia, Spain; Lisbon, Portugal; San Francisco and San Diego, California; Auckland, New Zealand and last, but not least, Newport, Rhode Island. For any port, infrastructure and weather will be the key ingredients for success, but clearly some if not all will play a part or have an “Act” in the next America’s Cup.
Coutts related the experience of the spectacular TV images of the America's Cup races off Fremantle, Western Australia in 1987. The 12-Meter yachts at that time ripped through gargantuan boat busting sea swells and routinely sailed in winds over 25 knots on the Indian Ocean.
“I think we are open to considering a lot of options. We will talk to San Francisco and to Valencia,” said Ellison. “Valencia have been fantastic hosts to the last two America’s Cups and as you know we pushed very hard to hold this Cup in Valencia. It was not the Defender’s first choice, and overall we enjoyed sailing the 32nd and the 33rd America’s Cup in Valencia.”
The yacht of choice will be a consensus choice amongst the participants. Alinghi submitted two choices during the courtroom wars. One was the AC 90, then a downsized AC 33, both had merits and a desire towards a fast downwind flying monohull, with loads of sail area.
Once a committed monohull enthusiast, Russell Coutts, BMW Oracle’s CEO has hedged his bets of late after the dramatic speed and success of their hard winged trimaran, USA. Coutts is the charge behind the successful RC 44 and of late the Transpac 52 has ignited energy on the European front.
“I think that the Cup boats we should reach consensus with the rest of the America’s Cup world,” said Coutts. “I think it would be irresponsible for one party to make try and make a decision on behalf of the everyone else.”
If the ultimate choice is a monohull look for the Version 5 ACC to carry the load for the next couple of years in warm up regattas as the Louis Vuitton World Series and the America’s Cup find their way back home again in a reunited series.
On the multi-hull front, speed is king and after the incredible images of USA ripping around the race course, it will be harder to go back to 80’ ft. anything and as conflicted as the 33rd edition was, it was the first time in all of our lives where we witnessed a true version of a real America’s Cup.
Not since the J-Boats of the 1930’s has the yachting world been treated to a spectacular spectacle such as this! It would be akin to the Indianapolis 500 going back to front engine roadsters or baseball without performance enhancing drugs.
But, there seems to be little support for a 60'ft. Pro-Sail series in multi-hulls, though the I-Shares Cup is exciting, it’s not the America’s Cup.
“This one has been an amazing experience, pretty much for all the teams, but especially for the sailors,” said US Skipper James Spithill. “Pretty much everyone on the boat had very little multihull experience beforehand. In some ways this one almost feels harder. For me personally it was a really steep hill to climb.”
“This particular America’s Cup has got a lot of interest because for the first time in a long time it featured the two fastest sailboats in the world and the limits of what is possible marrying high speed sailing and material science, carbon fiber, Kevlar, computational fluid dynamics, computer simulation of not only our hulls, but also our wing,” said Ellison.
“It was really a high tech race and a bunch of people who really aren’t that interested in sailing followed it pretty closely,” continued Ellison. “We think that is important for our sport. We think that is important to get the television coverage, to involve non sailors as well as sailors. We are going to try and make decision along with the rest of the America’s Cup community so we can do just that.”
For Alinghi, all is not lost, their design and race team are still the best in the world in ACC Version 5’s and their failures have more to do with Yacht Club and ownership politics, than on the water issues.
“It is not for me decide the future of the America’s Cup any more so I will wait and see what the future is going to bring us and where it going to take us,” said Bertarelli. “Then I will decide.”
“Of course we would like to see Alinghi back as a challenger,” said Coutts. “They are one of the best teams in this business, and they have proven that.”
The Challenger of Record (COR) will be the Club Nautico di Roma (CNR). The yacht club is associated with the Mascalzone Latino Racing Team, which is owned by two time America’s Cup participant Vincenzo Onorato.
Onorato was a very vocal and eloquent supporter of BMW Oracle’s legal challenges. He also shares a vision of the America’s Cup similar to Larry Ellison. The choice was an obvious one and will be well served for the future.
Club Nautico di Roma (Rome, Italy) was formed in 2006 and they do have a website and a phone number. GGYC and CNR have pledged to start a dialogue and wide-ranging discussions with the America’s Cup community, including existing and prospective teams.
The objective is to ensure that the 34th America’s Cup is built on the foundations of the competition’s unique past as well as on a shared vision for its future.
“One thing I would like to assure people about the 34th America’s Cup, is there will be a completely independent jury, there will be a completely independent umpires,” said Ellison. “It will be an independent group which manages the next America’s Cup and there will be a level playing field for all competitors.”
The next event on the horizon is LVWS in Auckland, New Zealand and other than a snippet or two of new information, don’t expect any ground breaking announcements for a while. The yacht of choice will probably be announced before the venue. But look for all announcements to well thought out in advance, but their will be tremendous pressure on the part of the GGYC to host the 34th America’s Cup in recession ravaged California.
Sayanara

USA WINS THE AMERICA'S CUP !! Photos courtesy of BMW Oracle Racing.

2010-02-16T18:51:00.000-08:00

Just when you thought it couldn’t get any better! It did as USA won the second race and captured the America’s Cup Trophy by beating Alinghi by 5 minutes and 26 seconds!
In a match that brought the “match” back into racing, USA powered up its massive wing-sail; which is bigger than the appendage on a 747 and can leap tall buildings, and after a fantastic first leg, ripped away on the reach, to cover the unwieldy new catamaran from the former America’s Cup Defender on its way home to the finish line.
After a delay of more than 6 hours and a potential postponement to another day just moments away, Principle Race Officer (PRO) Harold Bennett displayed some Kiwi swagger to hold off a mutiny aboard the committee boat to start the race, as officials from Societe Nautique de Geneva (SNG) attempted to stop it.
With all the confusion on board the committee boat apparently spreading into the mindset of the Alinghi after guard, it apparently lost track of its position on the race course in regards to its proper entry point into the starting box prior to the five minute warning gun.
Inextricably, Alinghi, representing SNG, was given its second successive penalty in as many races even before crossing the starting line. America’s Cup umpires and officials had gone 156 years without issuing a penalty, now have done so in the last three races held for the ‘Cup over the last two series championships.
Mistakes and penalties aside Alinghi was still able to gain the favored right hand side of the course at the start as the boats split off into different directions, with USA heading to the left.
The American maxi-multihull won the start by 24 seconds in a race that was guided by breezes that varied from 6 to 9 knots, with waves that measured slightly more than a meter, but the sea state was still relatively docile, nary some rolling swells that surged across the course on occasion.
“We wanted to get the right hand side of the start line,” said Alinghi tactician Brad Butterworth, who has sailed in every America’s Cup since 1987. “We were a little bit bunched by the start being called so late in the day.”
“We really weren’t close enough for the time that we had and we struggled to ping the ends and then gybe round and get to our end so we got a nice penalty for free and that was two for two, so we like be even numbers, that is good,” commented a stoic, yet sarcastic Butterworth. Clearly he is the human voice of that team. “We thought we’ve got the penalty we will gybe round and we could not get to the starboard layline to the committee boat which is what wanted, because of the spectator boats.”
“We’ve got a real boat race here,” exclaimed an exuberant USA Skipper James Spithill.
For all the politics over wind and wave conditions the races were run in excellent weather for this time of year. Bennett should be commended for his impartiality, and even with all the angst over the delays, set up a damn good race course.
The action on the committee boat was directly related to Alinghi’s insistence on not racing in specific conditions on the water, which was specifically ruled on by the America’s Cup Jury prior to the start of the regatta and is referred to in the Deed of Gift (DoG) only that race’s must be completed in seven hours.
Apparently, after six hours of delay, waiting for the light and shifty winds to stabilize over the triangular course and with only minutes before the 4:30 PM deadline SNG officials on the boat staged a strike. They refuse Bennett’s order to lower the postponement flag, which would begin the 10 minute sequence to start the race.
After the three SNG club members refused to comply with Bennett’s directive; as the International Sailing Federation (ISAF) PRO he has complete authority, he “deputized” GGYC observer Tom Ehman and the committee boat’s Spanish driver, who also happens to be an international umpire, to help run flags for the race.
Also, on board was SNG’s Chief Council Lucien Masmejan, and the Commodore himself; Fred Meyer. Clearly, when all this is over the ISAF will undertake an investigation and will likely take punitive action. The ISAF is the governing body for the sport of sailing. Though, in an interview Bennett did say; that Meyer took no part and just watched the whole affair.
Alinghi and SNG’s intransigent position and subsequent actions on this issue constitute an unsportsmanlike behavior that has not been seen since Lord Dunraven over a century ago. Had the GGYC continued its litigation on Societe Nautique’s de Geneva breach of its fiduciary duty as Trustee, this incident would certainly rank as proof positive, that the actions of SNG’s officials have no place in a world of fair sportsmanship.
Given the mutual distrust that existed between the two yacht club’s over the past few years, it is fortunate that Ehman, (whose no fly on the wall), was onboard to help bring order to chaos.
Even as Alinghi appeared slow to the line, USA was flying two hulls and ripped off on port tack. Meanwhile, Alinghi’s hesitancy was rewarded with a 20 degree wind shift to the right and after a separation of over 3,000 meters between the two boats, had worked the catamaran up to a 600 meter lead.
Loick Peyron took over the helm from Ernesto Bertarelli and had Alinghi in control of the race at this point as they pointed into a nice header. Alinghi 5 looked much stronger today and despite their mistake at the start had motored off with a nice lead, as USA tried to take advantage of every little puff on their side of the course.
With a nice looking mainsail holding its shape as close to a wing as a wing could be, Alinghi appeared ready to rally and for the first time it looked like there was an actual match race on for the America’s Cup, where tactics, not just speed, would play a defining role.
“We managed to get what we wanted,” said Butterworth. “I think we had better pressure on that side on that long starboard tack and we pushed the boat harder than we have ever pushed it on both tacks.”
As the boats converged towards the layline on the approach to the first mark Alinghi sent up a red flag, and it wasn’t a valentine or love letter. The protest flag became fortune’s fool, as the race changed character immediately. Whether it served as an impetus for USA or further distracted the Alinghi afterguard, who had run a great race at that point, the momentum was about to change for the Americans.
USA tactician John Kostecki plotted a course to lay a “fat layline” (as described by commentator Andy Green) over Alinghi as the lead narrowed to just under 100 meters. USA overstood the lay line by a few boat lengths as Alinghi failed to dial them up and US 17 sailed over the top of them to round the first mark 28 seconds ahead on a leg that had been thoroughly dominated by the Swiss.
In relaying what was the pivotal moment in this race Spithill just exclaimed; “I just nailed it!”
As the early evening sky began to drape shades of fluorescent pink on the horizon Alinghi was now on death’s door on a reaching leg, with few or zero passing lanes. The 13.3 mile reach was all USA needed to extend its lead quickly to more than a 1000 meters, as it was sailing at over 30 knots in only 8 knots of breeze!
At this point it was obvious that most of Alinghi’s efforts would be an exercise in futility, as the catamaran water ballasted to the maximum, was doing all it could do to try to keep up and routinely was left with both hulls in the water.
In the meantime, Jimmy Spithill steering USA into the sunset was having the time of his life. At forty meters or more over the water and above the fray, on the helm, as the luminesce turquoise seas of the ‘Med went ripping by below the under carriage of the carbon fiber hulls.
The netting in between the three pontoons of the monster trimaran had been cut down to a minimum as a result of a multitude of modifications that had taken place as the BMW Oracle Team adapted to the many court rulings and potential location changes. The boat had taken on huge “batwings” behind the beam for aerodynamic assistance.
The technology in both boats was inspiring with an incorporation of A-Cat’s wave piercing reverse bows or the massive asymmetrical curved foils, not to mention the radical, yet “conservative” hard wing sail, which had to be baby sat 24 hours a day. It must have been like keeping an elephant leashed in your living room, with mice running around.
As USA rounded the second mark with a 2 minute and 44 second lead for a downwind heading for the finish line the race was all but over. USA rolled up its jib and gingerly swung the wing sail around as it jibed home with the margin now at 2,200 meters.
In a furious attempt to catch up Alinghi started dumping water from its ballast tanks in an effort to gain speed. The only drama left was USA’s last jibe to lay the finish line and as darkness approached whether any breakdowns would occur.
The winds lightened up as the sun was setting and barring a bizarre shift in the breeze like Race 7 when the finish did a complete round about Alinghi’s swan song was singing.
USA slowed up for the finish and the lead dropped to less than 1,000 meters, but it was to little, too late as Alinghi still had a take a penalty turn. USA representing the BMW Oracle Racing Team crossed the finish line 5 minutes and 26 seconds ahead as it was America’s Cup again!
Oracle chieftain Larry Ellison took the wheel of his $150 million dollar creation and steered towards Port America’s Cup with the mountains behind Valencia now painted in magenta and purple.
In crossing the line Ellison declared that: “this is an absolutely awesome feeling and I am really proud to be part of this team!”
Horns blared, sirens blasted, as a flotilla of all shapes & sizes of marine craft who had anxiously awaited the behemoth multihulled giants all day and into the night swarmed around it like bee’s to honey.
Congratulations abound as America is home to the America’s Cup once again and for the first time in 15 years it will reside up the California coast from San Diego to its new home in San Francisco at the Golden Gate Yacht Club. I’m sure that Tom Blackaller and Gary Mull are smiling and sailing somewhere in this glorious moment!

USA Takes Race One!

2010-02-16T14:05:00.000-08:00

Photo by BMW Oracle Racing © Photo Gilles Martin-Raget

HOLY BATWINGS, HERE THEY COME!
USA overcame a stall at the start and quickly moved into the lead past Alinghi, to win the first race of the 33rd America’s Cup in convincing fashion, by 15 minutes and 28 seconds to lead 1-0, in a best of three series.
The incredible racing action took place this time off the mountainous coastline Valencia, Spain in futuristic looking, space age multiple hulled rocket ships. The competition for the ‘Auld Mug will never look; or be the same.
Amidst all the tension and attention usually reserved for a space shot at Cape Canaveral, the America’s Cup finally got under way after two days of postponements. Race Committee Officials led by Harold Bennett, gave the go ahead and the drama was dramatic from the get go, as USA Skipper James Spithill went directly for the jugular and forced a penalty on Alinghi, leaving the defender with a noose around its neck that hung like an albatross, as the American high tech trimaran went on to a convincing win.
Alinghi shook off the shock of the penalty to stall out USA. The American trimaran, with its massive 235’ ft. hard wing sail was completely stopped ahead of the line as Alinghi circled around to re-enter the start box and crossed the starting line 1 minute and 27 seconds ahead.
It didn’t take long for these giant 100 foot long yachts to fly a hull out of the water as USA took off in hot pursuit like a “bat out of hell” and passed Alinghi fifteen minutes into the race. Spithill had the throttle down and was pushing USA for all that it was worth.
“It was certainly good to see the guys under pressure like that because it did not really phase them one bit,” said Spithill. “They all just got straight back into what they were supposed to do and that is sailing the boat fast.”
"They certainly showed how fast they can get their boat going. They could not have come off the line in a worse position and they ended up in a very strong position”, said Alinghi tactician Brad Butterworth. “When you are sitting in front of them and they sail up and around you, that is speed!”
USA consistently showed the ability to point higher and faster into the wind as Alinghi was forced into an early sail change with a slight build in the breeze. The American boat is from the BMW Oracle Racing Team, represents the Golden Gate Yacht Club (GGYC) from San Francisco, California.
USA was very comfortable in the lighter elements, building on its lead and was able to fly its hulls more often than not, with Alinghi less comfortable trying to take off to “foil up” to speed.
Ernesto Bertarelli, helmsman and team president for Alinghi, which represents the Societe Nautique de Geneva (SNG) in Switzerland commented; "Actually we had too much sail area for the most part of the race. We did not have the set up we would have liked to have had. There was a bit more wind than we expected.”
With bated breath and the specter of yet another day of delay racing commenced in optimal conditions for this time of year with light, chilly breezes from the south at around 6 to 7 knots, under bright blue skies. After a delay of more than four hours waiting for an offshore breeze to stabilize after the previous days high winds the action was intense from the start as an aggressive Spithill lived up to his reputation.
As in 2007, the location of the America’s Cup took place on the beautiful Mediterranean coast of Spain, be it the middle of winter, in February rather than a warm balmy summer afternoon in July. This unique 33rd version of the ‘Cup was the subject of much litigation and interpretation as ultimately the New York Supreme Court ordered the teams to race under the terms of the Deed of Gift (DoG).
The course for the first race was a simple windward/leeward trajectory of 40 miles with one mark rounding.
USA, carrying sail number US 17, dropped its jib halfway up the windward leg and relied upon its hard wing sail to engine up an amazing amount of power leaving Alinghi, with owner Ernesto Bertarelli at the helm, with Frenchman Loick Peyron and Butterworth, by his side in its dust. USA led at the first and only mark rounding ahead by 3 minutes 21 seconds.
“Obviously it was quite exciting at the start,” said Spithill. “We were able to get a piece of them in the entry and that is something we had been thinking about for quite some time, and it started to set up to look like we might be able to get a penalty on them, so I pushed it pretty hard in there.”
Then as announcer P J Montgomery called it that left USA “stuck in the putty” and stalled out for several exciting moments as the hard wing sail powered up again.
“That left us pretty close to them and we then we had a hard time slowing the boat down,” continued Spithill. “We were in a pretty controlling position then, as time went on through we got ourselves stuck in irons, but also I want to say well done to Alinghi, they did a good job getting out from there.”
“We still have a lot to learn, it kind of showed today that we aren’t at race level preparation that we are kind of used to in these campaigns,” related Spithill, who lives in Australia and in his fourth America’s Cup campaign. “But, it was an exciting start, with plenty of action.”
“We tried to keep the boats apart with having the bottom pin offset but it was not actually set up that well, and we thought we had just done enough but obviously not,” said Butterworth. “But, that really did not have any reflection on who won the race. It made some interesting stop and start, in irons and going backwards, something we’d never done on multihulls.”
Many thought the Alinghi catamaran would have a downwind advantage in the lighter breezes, but as they raced back up the Spanish shoreline USA comfortably increased its lead to more than 3,000 meters sailing at more than 25 knots or more than twice as fast as the speed of the wind. The umpire boat and spectator flotilla struggled to keep up as the multi-hulls raced towards the finish line.
"For sure at the start after the penalty it felt good they were stopped we could gybe and start,” said Bertarelli.
“The wind changed quite rapidly. We had six or seven knots during the pre start and right off the start we were surprised with the wind coming in so strong, so quickly, 12 knots, but we thought we were doing good,” commented Bertarelli after the race. “But, they caught up and we had to make a sail change which slowed us, but they were fast today and the wing seems to be quite a weapon."
In what was a race primarily geared towards straight line speed, the boats still remained quick and agile enough to match tacks in classic match racing fashion. The wind remained fairly consistent over the course, with puffs of breeze here and there which would send the flying hull airborne to the point of an anxiety attack, but Spithill armed like an astronaut with a dizzying array of sensors in his computer backpack would calmly drive his boat back from the brink to finish around ten minutes ahead.
The actual margin at the end was increased by Alinghi’s penalty turn which was done after the finish line, so the cat was forced to bear up and re-enter the course to do its penalty turn again.
After the race there was cautious optimism on the part of USA’s after-guard, knowing full well that Alinghi is armed and dangerous. The second race is a completely different with two marks on a 40 mile triangular course, with two reaching legs.
“To be honest I think we carried a bit of pressure down, I think we carried it down the lane. It was one of those things, I think, where the boat in the lead was always gaining,” said Spithill after the race. “I think that JK (tactician John Kostecki) did a really nice job, he absolutely nailed it on the downwind leg, full credit to him and the weather team.”
“It was very very shifty, very very puffy,” said Spithill, who is in his fourth America’s Cup regatta, but first final. He began is ‘Cup career aboard Syd Fischer’s radical Young Australia in 2000 as a teenager. Fischer has a way of recognizing talent having pegged a young Ian Murray to skipper Advance in 1983.
Russell Coutts , USA’s CEO and three time America’s Cup winning skipper said; “I think it is early days and I said before the series that you wont be able to draw conclusions from the first few minutes of these races….but how about that wing?
"It looked pretty good from where I was sitting today. I think the team did a good job. The guys on board sailed a really nice race, pretty much faultless, said Coutts. “They had a few problems at the start and that can happen in these boats, but we are very, very happy with where we are, but we are only a tiny way into this series now.”
The race turned out to be quite a spectacular affair, with all the underpinnings of what is yachting’s premier event. Unlike 1988’s, one-sided DoG America’s Cup race in San Diego, California this is an actual battle with evenly matched yachts, where match racing skill and tactics will determine the winner.
“ I tell you, when you are in my position with the ten years that are behind and the team I have and the opportunity to race one more, or maybe two more races in the America’s Cup, you can’t call any day a hard day in the America’s Cup,” said Bertarelli. “They are all good days, today it just happened they were faster, they sailed a good race, we lost and I learned over the years that losing is part of enjoying sailing and going racing.”
Bertarelli’s counterpart and nemesis USA Owner Larry Ellison was thrilled in the win, but very much focused on the task at hand, which is taking one day, one race at a time.
“I think my emotions started when it looked like we were going to race in three and a half knots of breeze,” said Ellison. “Russell and I were on the boat and we had to get as many people off the boat and as much stuff as possible to sail as light as possible.”
“I had to get off the boat and so did Russell,” relayed Ellison, which shows the faith and trust they have in Spithill, who has the brass tacks to kick off his bosses off the boat, twenty minutes before the start of the race.
“I think it is more stressful to watch than to sail,” said Ellison. Better up one than down.
Clearly, the wing is the thing. The hard wing sail, which was tested for the first time late last fall after USA dismasted a brand new rig, is the most advanced piece of sailing technology to appear in the America’s Cup and work; since Australia 2’s winged keel.
“The piece of kit we are most proud is the wing,” said Ellison, taking a break from his day job running the global software giant Oracle. “Today, I would say that sailing is a lot harder than running a software company!”
Bertarelli concurred on the hard wing, “It does, I think, show that the wing is quite versatile in many different conditions, but I am not sure sail area would have made much of a difference.”
“I think it is just way too early to draw too many conclusions,” said Coutts, displaying the game face of a true champion. “We are only one race into the series and we will see at the end of the series in terms of the relative values of the wing.”
"I have absolutely no regrets and no frustration,” stated Bertarelli. “Actually I quite enjoyed myself on the water today. It’s racing, you win, you lose that is part of the game. We gave everything we have got over the last two and a half years.
“So there there is nothing to be frustrated about or ashamed about,” said Bertarelli. “Again, the Cup is not over.”
It’s not over, but USA showed dramatic speed and seemly led at will, once in front. Alinghi with both hulls in the water more often than not, will have to do a rethink before Race Two, but they have been the best sailing team in the world the last seven years and nothing, not even today’s result has changed that.
actors
Special thanks to the corporate sponsors; Hublot,El Corte Ingles, Estrella, and Iber Drola who hopped on board at the 11th hour to help support the efforts of the organizing committee. Kudos also to the City of Valencia and Mayor Rita Barberá, who knows how to get things done, in a hurry.
For the rest of us, its too early for breakfast in Valencia, but certainly the coffee is brewing!

From the America's Cup Media Center in Valencia.

2010-02-11T11:38:00.000-08:00

Race 1 scheduled again for Friday
Friday should see a third attempt to get Race 1 of the 33rd America’s Cup away. The prospect of a window of suitable weather to allow the windward-leeward course comprising two 20-miles legs is anticipated tomorrow although Valencia has been subjected to some brisk, chilly northerly winds through today Thursday.

A postponement was signalled in the early evening which means no start sequence will be before 1154hrs (LOCAL)

Even around the Marina Juan Carlos 1 the flags were stiffened by the wind through most of the day. The cool February breezes reached more than 30 knots at times.

Hopes are high that Race 1 will start tomorrow, but for all of the waiting that has already been part of what promises to be an historic 33rd America’s Cup match, neither the premium placed on patience nor the bracing temperatures have cooled the sense of anticipation, nor made any clearer what might happen when the two giant multihulls finally meet up.

Debate ebbs and flows about every aspect of the Race 1, from the simple binary answer – who will win, right through to the detail of changes to the match racing rules to accommodate these giant speedsters.

The hiatus has allowed crew members from both the defender Alinghi (SUI) and the challenger BMW ORACLE Racing Team to drip feed technological information as well as their perception of how Race 1 might develop.

In an instructive media seminar Ed Baird (USA), helmsman when Alinghi won the America’s Cup in 2007 for the second time, said today that a close race in these multihulls might be one with somewhere between three or four minutes at the first mark, and such a margin could be easily won or lost on the downwind leg.

Factor in the fact that so much ground is lost in manoeuvres, that conventional covering (blanketing your opponent with the wind shadow from your sails) is not really possible, all-in-all a ‘whole new mentality’ he warned.
Baird in effect said that, downwind is the new upwind.

Downwind these giant multihulls are sailing so quick that the apparent wind they generate is only 5-6 degrees different to that when they are racing upwind.

Dirk De Ridder (NED) who is in charge of the trim of BMW ORACLE Racing Team’s huge 223 ft (68m) wing which took 150,00 man hours to build, explained some of the differences between his job with the solid foil and the equivalent soft sail. He controls the wing with a conventional traveller system which is lead to a winch, and a hydraulic systems powered by a small engine which controls the shape of the wing. The two element wing is comparatively straightforward, he explained, with nine hinges between the main wing element and the aft flap.

The construction of the wing itself is especially high tech, but De Ridder revealed that his controlling key pad system is nothing more or less than an ‘idiot proof’ off-the-shelf garage door remote operating system.

Sir Richard Branson, the British entrepreneur who last year made an attempt at the Transatlantic Record was a visitor to the America’s Cup site, touring the Alinghi base, meeting up with Mike Sanderson CEO of Britain’s TeamOrigin America’s Cup syndicate.

Quotes of the day:

Harold Bennett (NZL) Race Director and Principal Race Officer:
“There is a strong wind overnight which the models are saying will probably drop during the early morning. There may be a window for us in the afternoon. We may see the seas flatten out a lot earlier, but we will be out early to have a look and we will give it a fair chance tomorrow.”

Ed Baird (USA) sailing team member Alinghi:
“ We have met with the umpires. They are amazingly impressed with the equipment and they recognise the limitations on being able to manoeuvre the boats in close quarters situations. They don’t want to see close situations, like we saw before, where the boats were two metres apart. They don’t want to see that.”

“Honestly we expect that the boats will not be together very much. The important part is the start, that the umpires can see what is going on but on the open course it would be a real surprise to see engagement. It is a different mentality of sailing because the boats slow down so much when they tack. Your covering option is not effective like it is in monohulls.”

“The teams have agreed that it a team member accidentally falls off the boat they can be picked up, the umpires are there, the security boats are there, our own chase boats are there. And any of them can pick him up. The sailboat communicates with the chase boat and the committee boat and decides if they want that person put back on to the sail boat. He is put back on by the team’s chase boat and there is no penalty.”

Matthew Mason (NZL) mast BMW ORACLE Racing:
“There are probably going to be two different philosophies about it pre start. I know that Jimmy (Spithill) is pretty fired up about it. The five minutes is going to go very fast. They have the offset entry for the port entry boat. But there is a chance that starboard entry boat could catch the port entry even though they have that offset. And using a downwind sail on the entry is an option. And I know that if we have the chance we will be entering with a downwind sail and trying to get a piece of them and engaging pre-start. That’s our plan.”

Dirk De Ridder (NED) wing trimmer BMW ORACLE Racing:
“I have four functions on hydraulics to operate the wing and the traveller which is on a winch. We started off high tech with a high tech with a remote wireless fittings, but there is so much carbon between me and the receiver that it did not quite work. So we ended up Mark Sheffield (GBR) went in and bought a stock standard garage door opener which is now hard wired to the computer and is now pretty idiot proof. It has eight buttons, four on and four off and so far so good. It was an example of something where we could spend an enormous amount of time and money, say, flicking on a fancy screen but this is idiot proof and it works really well.”

“ I think if you ask every designer of ours that has worked on the wing they will tell you the same thing, in theory. The wing we have built is basically a very simple two element wing, although the way they have built it and the materials are very high tech. The actual concept is relatively simple.”

“ It has a front element which also holds the structural mast and we have the flap element and by offsetting those two you get an angle of attack on the front element and camber over the whole wing which gives you the driving force and lift coefficient that you need to go forwards.”

“I think, is it more high tech than Alinghi? I don’t think it is more high tech than Alinghi. It is a different way of achieving the same goal. We took a gamble going with the wing and it has come out extremely well. We put it up and two hours later we were flying a hull in San Diego.”

Richard Branson (GBR), British entrepreneur, founder of the Virgin brand:
“I love all kinds of sport and the America’s Cup is one of the greatest sporting spectacles. There are two giants going to be battling it out over the next few days and obviously it is great to see the boats, incredible boats. And it is great the courts are behind them and we will finally have a battle at sea.”

Asked if the thought there would be racing tomorrow he said:
“ If not tomorrow definitely Sunday. With these kind of boats, very fragile high speed boats then the weather is very important because they could break up.”

Asked if he would be seeing both, he smiled:
“Ernesto for lunch and Larry for dinner…it is great to see them both.”
“I love sailing, sailing small boats. We did try to break the transantlantic sailing record last year with my children and on that occasion we hit big bad winds and the mainsail broke and we had to limp home.”
“ I have just had lunch with Mike Sanderson who is team captain for the British team and he is a great friend. And fortunately they seem to have funding for a British attempt. And so hopefully after this we will see eight nine ten teams particiapating and we will get the America’s Cup team back to how it should be with lots of different nations participating.
“We are not at this moment planning to be involved in the America’s Cup. We are here as interested bystanders. It would be good, of course it would. But the British team have got funding drops out who’s to know?”

From the America's Cup Media Center in Valencia.

2010-02-10T19:06:00.000-08:00

RACE ONE DAY TWO
sign off Race 1 until Friday
It was the lumpy, contrary swell left over from last night’s strong northerly winds which led to the postponement of Race 1 of the 33rd America’s Cup today, the second time that racing has been adversely affected by an unsettled weather or sea situation off Valencia.

The first match of the regatta is now scheduled for Friday 12th February with a start sequence pencilled for 1000hrs.
An initial postponement period, signalled last night (Tuesday), extended through this morning with the giant catamaran Alinghi 5 of the Swiss team Alinghi, the holders of the America’s Cup, and the trimaran USA, of the challenger, the American BMW ORACLE Racing Team, both remaining in their respective dock areas.

But at midday the signal flags were were raised over Port America’s Cup’s Varadero building to signal that racing is now held over until Friday.

The swell was estimated at an average of 1.3 metres by one of the competitors’ weather teams. Race officer Harold Bennett (NZL) described the sea state as ‘pretty rugged’.

Both teams, Alinghi and BMW ORACLE Racing, respected the decision taken although BMW ORACLE Racing’s skipper-helm James Spithill (AUS) later reported to a media conference that their crew were keen to go have gone racing in the morning conditions.

French solo round the world racer and multihull specialist Loick Peyron agreed with the decision not to race, saying that the huge multihulls are designed as the Formula 1 racers and should ‘not be rallying the Paris-Dakar’.

Bennett, who is officiating at his third America’s Cup, met the media during the afternoon and gave further information about the difficulty of the task that he and the Race Committee crew face. In previous America's Cup races he was responsible for setting a course of a 3 miles upwind-downwind legs. Here he has over 400 square miles of sea area to cover.

He cautioned, again, that patience will be required before acceptable conditions emerge to allow the first windward-leeward course of two 20 miles legs to be run.

Quotes:

Harold Bennett (NZL), Regatta Director and Principal Race Officer:
“ These are different boats from what we have been used to. And the understanding of them is still a learning curve. Conditions like today? That is interesting. I am not sure they would have done too well with it.”

“The last thing you want to do is see one of these boats break, that is going to hurt someone or even maybe not finish.”
“ There was a lot of seaway and so the prudent thing to do was not too go out too early. Having got to that, around 0830, I thought it was more prudent to go and have a look for ourselves. We went approximately 23.5 to 24 miles off the coast here and that would have given us a windward mark somewhere not too far off the port here. As we got 10 miles off the coast it was getting rather lumpy. We were surfing down some of the waves with the power cat. Once we turned around in the area, starting to have a look at it, there were some pretty big seas. We had the swell from the NE and the wind blowing off the west and that was throwing up some pretty big waves."

"I would have not had a problem with the wind conditions. We were looking at 17-18 knots, I wouldn’t have had a problem with that.”

“This is not the best time of year to be doing this. When it was announced that we were coming to here I said that everyone, the sailors, the public, the press everyone was going to have to be patient, because we had little information about the conditions outside of five or six miles and on Monday we found out about that breeze off the land which will go half way out but not right our. That was a point I made when I was asked. It will be a matter of being patient until we get it right.”

James Spithill (AUS), skipper-helm BMW ORACLE Racing:
“ We were keen to go. We think probably at 10 o’clock there was a window, but having that said that it is very easy to look from the outside. I think Harold Bennett is the right man for the job. I have full trust in Harold. He has a good track record and I would much rather be sailing that running racing.”

“We would be more than happy with conditions this morning, with those waves. We sailed in San Diego with two, two and a half metres. But obviously there are some variables with waves, the period, the direction etc but I think we would have been more than happy this morning. As I said it is not an easy job and I have full faith in Harold and I respect his decisions.”

Loïck Peyron (France), floater Alinghi 5:
“The best conditions are those in which you don’t risk the boat. We are both (teams) agreed on that. There are big waves coming all the way down from France. The conditions were possibly boat breaking. These boats are for Formula 1 racing and you do not take them off to do the Paris-Dakar.”

“ We did a few training races a week ago 20 miles to windward and back and it was perfect. But everyone knew before that this is not exactly the best place to do this.”

“ We did a very nice 20 mile course up and down and also a triangle but that was one time in a month, and it was in S’ly or SE’ly wind, maybe a lot before a low is coming. We had a little right shifts but it was within the official range plus or minus 30 degrees, definitely in the range for both teams.”

“ I have the chance to learn something every day. I love to jump from one boat to another. A year ago I was sailing around the world on my own and here I am sharing with tremendous guys with a lot of different sailing areas, from the Volvo race, from the Cup. For me it is the first time that I have felt the acceleration of a small multihull, like I love to do on the Swiss lakes, like the D35 or the small really light ones, but Alinghi 5 has the power of a big offshore multi and the acceleration of a small multihull. It is the first time I have felt both these two feelings.”

“ It is quite interesting to be at the helm of a boat like this having behind me Mr Butterworth, and in front of me Mr Warwick (Fleury) and Simon (Daubney), stars I have seen in the papers for so many years, and I have to say: “OK guys and now we have to do that….” And so for me that is quite interesting.”

"EVERYONE'S GONE GREEN."

2010-02-10T08:18:00.000-08:00

Postponement led to disappointment as the after effects of storm system left Valencia, Spain with mixed up seas on the Mediterranean and much colder temperatures, hovering just over freezing across the race course.
There was a measure of optimism after an initial delay that the windward/leeward course would get set for what is still Race One, of the 33rd America’s Cup.
"In the last 3 weeks, racing would have been possible 5-6 days, everybody has to be patient,” said Principal Race Officer Harold Bennett. "We were approximately 1 hour on the start area, and it turns out everybody got green on the boat.”
The Alinghi headlines read; “waves in excess of one meter on the race course force organizers to issue a second postponement.” That would seem to contravene the America’s Cup Jury’s ruling; “that to impose wind and wave height limits, which are not provided for in the Deed, without the consent of the Challenger is an improper action that may result in a boat’s score being made significantly worse through no fault of her own.”
“The waves were the biggest problem. I think they were about 1.3m average size in the start area,” said Alinghi strategist Murray Jones. “That means we could’ve had a peak of 1.8m and that’s the biggest issue.
“There was a swell coming from one direction and waves from an offset of 90 degrees to that. We’ve been out in conditions not quite that bad, but it’s heinous. I think they’ve done the right thing by not sending us out there,” Jones said.
Jones explained that strong winds in the north of Spain near France were churning up the sea, which was confirmed over the phone by Will McCarthy, an Alinghi sailing team member, out spotting at noon: “It’s very bumpy out here, confused, cold and we have seen 20 knots this morning.”
Both of the giant multihull boats stayed in port as the Race Committee postponed the first race for the America’s Cup a second time.
USA Skipper James Spithill spoke with the media saying that, “the whole team was disappointed not to race.”
"We were keen to go," Spithill said. "We think that 10:00 (the scheduled time for the warning signal in the Sailing Instructions) was the window and we probably could have got one away.
“Having said that, I think Harold Bennett is the right man for the job, said Spithill. “I’ve got full trust in Harold.”
Notes….
Meanwhile, back in Ras Al Khaimah, United Arab Emirates the weather is a balmy 75 degrees with wind out of the NNW at 8 knots under sunny skies.
Is he or isn’t he? Curious that the America’s Cup website refers to Ed Baird as the”former Alinghi helmsman”, while he trots around Valencia, Spain in their apparel.

RACE ONE, DAY 2 UNDER DELAY

2010-02-09T12:45:00.000-08:00

From the America's Cup Media Center.
09.02.2010
Postponed ashore: No Race 1 start before midday Wednesday
On the strength of the weather forecasts for overnight Tuesday and early Wednesday the decision has been taken that there will be no warning signal for Race 1 prior to 1154hrs on Wednesday. This applies only to Wednesday.

Harold Bennett (NZL) Principal Race Officer explained:

“We have issued an amendment that there will be no signal before midday tomorrow (Wednesday).”
“We will make a further assessment at 0830hrs in the morning. So we will have a look at what it is like early in the morning. We will take a check then.”
“ There are a lot of strong winds forecast overnight and offshore and that is going to throw up a swell. So it is more the sea-state that is going to be of concern. Until we see what the sea state is we are not going to guess.”
“ I don’t want to put the boats out there if they are not going to sail. I do not want to put them all the way out there and bring them back without a race.
Talking with the weather guys from both teams they agree that this is what we are going to get, so it is a fairly easy decision to make.”

RACE ONE POSTPONED.

2010-02-08T09:07:00.000-08:00

Race One, Abandoned for Lack of Wind.

For the first time in a long time all the participants were in the same place, at the same time and on the same page, but with light, shifty winds, that failed to stabilize, Race One was abandoned by Harold Bennett (NZL) the Principal Race Officer.
As both USA and Alinghi hovered around each other, waiting for the breeze to settle, the tension was as thick as the air. Under grey, leaden skies and occasional drizzle the teams waited patiently for more than four hours for the postponement flag on the committee boat to be lowered and the start signal to be given.
The behemoth multi-hulls floated around as the inevitability sunk in that this historic encounter was now on hiatus for two more days as tomorrow is a scheduled rest day, not a reserve day. The action was more than thirty miles offshore and the wind would occasionally build up to 12 to 14 knots at the first mark, but would fail to stabilize and puff out at around 2 or 3 knots.
In a race that would have played out as a strategist dream in light and shifty conditions we would have seen much more of a tactical chess match than two rocket ships ripping into the wind at 45 + miles per hour on the forty mile windward/leeward race course.
“We had a southerly breeze well offshore that was occasionally filtering into the start area,” said USA’s Chief Meteorologist (CM) Chris Bedford. “But, closer to shore we had a westerly breeze for most of the afternoon and at times it was showing up to 14 knots at the top mark.”
Bedford, a weather guru and veteran of many America’s Cup campaigns will also be the CM for the Chicago to Mackinac Race this summer.
“There was pressure (wind) trying to make it onto the course,” said Bedford. But, because of these two winds converging, we never had enough breeze over a 20-mile leg to get going. I think the Race Committee did a good job today.”
Race One will hopefully get the start at 10:00 AM Central European Time (CET), which is 4:00 AM Eastern Standard Time (EST) in the United States. Heavier winds and waves are forecast, we’ll see. Until then, it’s not breakfast in Valencia, it’s moonlight in America.
Story by Mark Wharton Reid. Chris Bedford’s comments to the media courtesy of BMW Oracle.

RACE 1 POSTPONED. WAIT 'TIL WEDNESDAY
FROM THE AMERICA'S CUP MEDIA CENTER
Race 1 of the 33rd America’s Cup remains on hold after the breezes off Valencia refused to cooperate to allow the scheduled first showdown between the two giant multihulls Alinghi 5 and USA to take place Monday.

Race officer Harold Bennett (NZL) and the race committee team made considerable efforts to locate a wind which was settled enough and of sufficiently even strength across the proposed 20 miles first leg, but they proved fruitless.

An offshore breeze at times looked promising but it never quite mustered enough strength to spread out to sea to reach the start area. But the difference in the direction of that breeze and the direction of the very gentle air in which the Race Committee sat was considered too great for a fair race.

It proved a frustrating day for all on the waters off Valencia, despite tantalising glimpses of the fantastic technology which promises so much. Everything was in place and operating well for the planned 1000hrs countdown to the historic match up. Live TV streaming from the race course on the internet, for the first time in the America’s Cup, complemented by Virtual Eye 3-D imaging worked well. But the postponement was signalled at 0955hrs this morning.

The different winds ranged between 2 knots and 13 knots, and at times there was 100 degrees of variance between the mean wind direction at the committee boat and the wind direction at the proposed turning buoy. At best there was around 40 degrees of difference.

For the prescribed 20 miles upwind leg the Race Committee need a strong measure of confidence that there will not be a significant wind shift after the start to ensure a fair race.

The adversaries had left their respective bases to huge acclaim in the early morning, between 6.30am and 07.00 am. A Hollywood style production for the BMW ORACLE Racing team sent pulses racing as the Challenger team set off into the very early darkness, while soundtrack to the Defender, Alinghi 5’s departure was fervent alpine cowbells and loud airhorns.

Returning after the postponement both multihulls were making around 15knots in just 5 knots in wind.

Race 1 is now rescheduled for Wednesday 10th with the time gun due at 1000hrs.

Quotes:

Harold Bennett (NZL) Principal Race Officer:
“It is disappointing of course to get started though the conditions that we expected when we went out this morning just did not eventualise. We sat with next to no wind were we were. It is a real shame.”
“We had no problems from the teams with the decision. I speak to the weather teams from both teams throughout, and with the sailors before we made the decision. They were happy that the decision was the right one.”
“And since we took it there have been no changes that suggest to me that there was any other option.”
“I always knew it was going to be like this.”
“But that’s the game we are in. We have to wait for the next one.”

Ernesto Bertarelli (SUI), president and helmsman Alinghi (SUI):
“It was the first time we set out at night to go to the race zone. That lasted two hours it was very special. I was confident we would go racing but from 10am that meteorologists started to say that the chances were reducing. The wind was expected to drop certainly because of the rain which prevented any thermal wind activity. But it was good to have the two boats alongside each other.”

Matteo Plazzi (ITA) navigator BMW ORACLE Racing (USA):
“We thought that in the morning it would be light and it would be difficult to race, but we thought there would be a good chance to race in the afternoon.”
“I don’t think anybody thought we should have raced.”
“The weather was complicated for a system of winds that was going through. There were several cells of low pressure developing over the race course area, and so over the 20 miles there was a 100 degree difference from side to side.”
“It would have been impossible to have an upwind leg.”
“It was a good call. Racing today would have been a gamble, and you don’t want to gamble when there are only two points to win or lose.”

Jack Katzfey (AUS/USA), meteo specialist, Alinghi (SUI):
“Our forecasts gave from six to nine knotsof wind today but finally the wind was too weak to race. The race committee was right not to start the race. There were two knots on the start line. That is really too little for that the wind to be stable. With five knots you have definitely more chances to have a more regular flow. ”

Chris Bedford (USA) meteo specialist, BMW ORACLE Racing (USA):
“We had a southerly breeze well offshore that was occasionally filtering into the start area,”
“But closer to shore we had a westerly breeze for most of the afternoon. At times it was showing up to 14 knots at the top mark.
“So there was pressure (wind) trying to make it onto the course, but because of these two winds converging, we never had enough breeze over a 20-mile leg to get going… I think the Race Committee did a good job today.”

TONITE, TONITE, TONITE!

2010-02-07T11:40:00.000-08:00

Top 10 Things to Remember about Race One.

1] Don’t foul at the start. A collision would end the race and the regatta. Each team will do whatever it takes to win. Both Alinghi and USA has shown that resolve in the New York Court System. USA Skipper has a propensity to be aggressive in the pre-start,tomorrow is not the time. Look for the favored side and stay away from Alinghi.

2] The weather will determine the winner. If the winds build as expected, look out!

3] Regardless of the outcome the “constructed in country” issue needs resolution. A February 25 court date has been set. The rights of both the challenger and defender
have been addressed by the New York Courts, with the recent rulings and with the
Mercury Bay decision twenty years ago, most of the subjective interpretations of the Deed of Gift have been clarified.

4] Outside of an unlimited Deed of Gift America’s Cup like this one, the type of yacht for the 34th edition needs to have the majestic splendor worthy of yachting’s premier event. Not updated versions of an RC 44 or an I-Shares multihull.

5] After the race, Brad Butterworth, Loick Peyron and Ernesto Bertarelli need to represent Alinghi in the press conference and Russell Coutts, James Spithill and Larry Ellison need to represent USA. Show some class, at least for all of the kids that are watching, including mine.

6] Cory Friedman needs to drop his “deer in the headlights” demeanor and ask a real question.

7] Remember when ESPN was a real sports network and not a behemoth mega-corporation? No American broadcast of the biggest yachting event in history, save 1983, are you kidding me?

8] Whoever wins, its time for mutual consent!

9] No matter what happens, this race is not worth the loss of one life. Be aggressive, be fast, be smart.

10] Valencia has earned the 34th edition. Opening Acts in America, London, RAK and New Zealand.

NEWS RELEASE FROM AMERICA'S CUP.COM MEDIA

2010-02-07T10:28:00.000-08:00

READY FOR ACTION!
The match for the 33rd America’s Cup is scheduled to get under way tomorrow (Monday).
The stage is set. The preparations are complete. The two protagonists, the 33rd America’s Cup Defender Alinghi (SUI) and the Challenger, BMW ORACLE Racing (USA), completed their final testing and tuning off Valencia this afternoon in relatively benign winds, in final preparation for the Race 1 of the best-of –three series.

The two giant multihulls, with their towering rigs, seemed to defy the laws of physics as they moved swiftly across the seas off Valencia in, at times, next-to-no breeze.
If ever there was a stark reminder of how great the jump in technology and potential boat speeds ushered by this 33rd edition for the world’s oldest sporting trophy, then it was evident this afternoon while tens of thousands visitors enjoyed the inauguration festivities ashore.

The clash of these giant multihulls promises to be one of the most memorable in the history of the America’s Cup.

The time signal for the first race, which will comprise one 20 mile beat to windward and a 20 mile run to the finish, is scheduled for 1000hrs (local time), six minutes before the start gun.
The wind forecasts are promising: light to moderate breezes which would be enough to get Race 1 under way

BMW ORACLE Racing gain starboard tack entry. America’s Cup Park full of life.
The America’s Cup Park was thronged full of life this afternoon, as tens of thousands of local Valencians and many visitors turned out for the inauguration festivities.

On the toss of a coin between the commodores of the Defender yacht club, Switzerland’s Société Nautique de Genève, and the Challenger, the USA’s Golden Gate Yacht Club BMW ORACLE Racing, the priority to enter the start area for Race 1 with right of way, on Starboard tack, went to BMW ORACLE Racing.

The Challenger American trimaran, USA, the first to be seen racing in the history of the America’s Cup, will be steered by James Spithill (AUS) and will be using a rigid wing sail of around 70 metres high.

The Swiss Defender’s catamaran, Alinghi 5, will be steered by team president Ernesto Bertarelli (SUI) and Loïck Peyron (FRA), as the team bid to win the America’s Cup for the third consecutive time.

This multihull match is all new territory for the America’s Cup. The craft can sail at two and a half to three times the wind speed. No one can predict exactly what will happen when the two giant protagonists square up in the start area. In conventional match racing the immediate goal is to inflict a penalty on the opposition.
Such penalty turns, if the opposition is sailing away at 20 knots, could be doubly expensive.

Security measures are in place to maximize the safety on the race course. The start line is expected to be somewhere around 800 metres long, depending on the wind strength.

Visitors to the inauguration festivities this afternoon enjoyed a display of local mascletá firecrackers.

Funds were raised for Haiti with proceeds from the sale of a huge Spanish paella for 5000 people, Swiss raclette and American hamburgers all combining to help.

Quotes:

Harold Bennett (NZL) Principal Race Officer:
His thoughts on the weather for Race 1 day:
“At the moment it looks like a very light offshore breeze early, which will fade away and begins to look like coming from the south. That was an earlier forecast and so we don’t have a straight answer on that just now.
Does he have clear ideas in his mind about what the wind limits might be?
“We will take the day as it comes and work it our from there.”
Is there any step change in technology they are using for race management since 32nd Americas’ Cup:
“I think probably there is no much of an advance in terms of technology in what we are using, we use the same methods as before.”
What does he think we will see at the start?
“At the start? I hope we see two boats get in, entered and get away from the start cleanly and have a race. That is what I am hoping to see. Whether they mix it up or not I don’t know.”

Alain Gautier (FRA), Alinghi, on the start:
“The priority boat will try to put a penalty on the other. And on these boats that can be very expensive.”
“It is less important to break the start line on the gun than to start well launched with speed and without a penalty.”

James Spithill, (AUS), BMW ORACLE Racing:
“It is all new to us. The boats have completely different characteristics and obviously we only have the one boat each and so we have not really been able to go out there and try as hard as we usually do. I think it will be interesting. I think they have tried to set up the start line so there will be no ‘dial-up’. I think we will see the boats turn back quite early and really try to fight for the side. The first cross is so important in match racing, however I think this time you really want o be going the right way. To do any manoeuvre in a multihull is quite expensive. I am quite excited myself, because I just can’t wait to see what happens. "

TWO DAYS TO GO!

2010-02-06T13:12:00.000-08:00

Photo of Alinghi, Courtesy of Alinghi
Photo of USA, Courtesy of BMW Oracle

Two days to go, I think we're there! Mutual consent withstanding, counterpart
Commodore's Fred Murray from the Societe Nautique de Geneva (SNG)and Marcus Young of the Golden Gate Yacht Club (GGYC) continue to trade letters espousing their desires for an amicable America’s Cup, but contentions aside on who built what, where; the first race is still scheduled/ordered to start on February 8th in Valencia, Spain

With the utmost sincerity feeling that they are both somehow on the side of might and right the yachts in question this time around are not narrow, 80 ft. monohulls (1 hull) grasping to reach 20 knots, but behemoth multi-hulls 90 ft. by 90 ft on the load waterline, with carbon fiber masts that tower 200 feet into the sky. With more than 7,000 square ft. of sail area these boats can be expected to sail at more than 40 knots!

Pulling the purse strings are billionaires Larry Ellison, representing the GGYC in combination with his team BMW Oracle and Ernesto Bertarelli with Alinghi, holding sway over SNG. The sailors on board for the most part pay penance to their bosses and the legal teams involved are presumably the best and certainly the most expensive in the world.

BMW Oracle launched their trimaran (3 hulls)a 1 1/2 years ago in Anacortes, Washington and last July, Alinghi put a gargantuan catamaran (2 hulls) into the emerald waters of Lake Geneva, Switzerland and then into the mine laden Persian Gulf, for several additional months of training, before being ordered by the New York Supreme Court to pack up and relocate in Valencia.

These high tech wonders will ensure that the next America’s Cup will be the most spectacular design fest in history......if the warring factions can ever escape their escapades in the courtroom.

With all the ruminations over the choice of the venue,and now; sparring on issues over the "constructed in country" (CIC) provisions in the Deed of Gift, which will probably leave the NY Court little alternative but to say; "come back and see us when the racing is done."

The issue itself is relatively mute with an interesting array of factions lined up on both sides of the fence. With former Stars & Stripes teammates; and executives with North Sails John Marshall(BMW Oracle)and Tom Whidden (Alinghi) submitting affidavits of opposite opinions, the 33rd version of the America's Cup has become a terrible Civil War which will undoubtedly land back in court after the races are over.

For the last 2 1/2 years BMW Oracle has championed the Challenger's cause in more ways than even they would have dreamed possible. After Alinghi's poorly thought out Defender's power grab in 2007, the holder of the America's Cup has been left on the ropes with little or nothing left but to win on the water at all costs. The loser next week will be left with a bitter legacy and a trip back to court.

What we are left with is the possibility of the greatest spectacle in "yacht" racing! Again, who doesn't wants to see these foiled multihulls rip it out over the Mediterranean!

By Mark Wharton Reid

THE TEAMS

2010-02-06T10:28:00.000-08:00

DEFENDER
ALINGHI 5

Yacht Club Societe Nautique de Geneva
Location Lake Geneva, Switzerland
Boat Name Alinghi 5
Launch July, 2009
Dimensions 90 X 90’ ft. length/width
Mast 180’ height
Builder Decsion Corsier
Location Villeneuve, Switzerland.
Designer Rolf Vrolijk
President Ernesto Bertarelli
Team Manager Grant Simmer
Helmsman Brad Butterworth
Skipper Ed Baird
Trimmer Warwick Fleury
Tactician Murray Jones
Free Agent Loïck Peyron
Training Genoa, Italy; RAK, UAE

CHALLENGER
USA

Yacht Club Golden Gate Yacht Club
Location San Francisco, California
Boat Name USA
Boat Type Trimaran of carbon composite construction
Built Core Builders, Anacortes, WA, USA
Overall Length 100-feet / 30 meters
Waterline Length 90-feet / 27 meters
Beam 90-feet / 27 meters
Mast Height Up to 185-feet/55 meters
Built Hall Spars, Bristol, RI, USA; Core Builders, Anacortes, WA, USA
Wing Sail
Height: 223 ft / 68 m (compared to 102 ft / 31 m length of a Boeing 747 wing and 143 ft / 43.5 m length of an Airbus 380 wing)
Chord: 10 to 45 ft / 3 to 14 m
Width: 2 to 6 ft / 0.5 to 2.0 m
Surface area: 7,000 sq. ft / 650 sq. m (profile)
Weight: 7,700 lbs / 3,500 kg (approx)
Sails
Mainsail: 6,800 square feet; (630m2)
Genoa: 6,700 square feet; (620m2)
Gennaker: 8,400 square feet; (780m2)

Notes on the wing
The wing sail consists of two main components: the main element and the flap element. The main element is one single piece that rotates around the mast step. Nine flaps rotate around the trailing edge of the main element. Both elements are separated by a small gap and linked together by hinges.
The wing sail is primarily constructed from carbon fibre and kevlar with a light, shrinkable aeronautical film material used as an overall skin over the frame.
From BMW Oracle

President Larry Ellison
Design Team Director Mike Drummond
Principal Naval Architects VPLP (Van Peteghem and Lauriot Prévost)
CEO Russell Coutts
Skipper James Spithill
Tactician John Kostecki
Navigator Matteo Plazzi
Bowman Simeon Tienpont
Training San Diego, California

OWNERS PRESS CONFERENCE. FROM AC MEDIA CENTER

2010-02-06T10:25:00.000-08:00

33rd America’s Cup Owners Press Conference
Today’s owners press conference in Valencia’s Port America’s Cup heard Alinghi founder Ernesto Bertarelli highlight that safety and reliability need to be key issues to be borne in mind during what promises to be an enthralling 33rd America’s Cup, scheduled to start on Monday.

The two times America’s Cup winning team owner, who will helm the giant catamaran Alinghi 5 along with Frenchman Loick Peyron, re-stated the need for a measure of prudence after the start gun goes for Race 1 of the best of three series.

The winter conditions need to be taken account of. As well as getting the balance right, trying to ensure the maximum reliability of Alinghi 5, Bertarelli also warned that spectators on the water need to remember that this is winter and the conditions off Valencia can change quickly.

Bertarelli said that pre-regatta nerves are an essential part of his psychological drive to be successful, and that many of the feelings of excitement are the same as July 2007 when Alinghi triumphed.

The level of media interest, he underlined, is comparable to the 32nd America’s Cup Match, with some 600 media accredited already.

Over 100 media attended the press conference in the Port America’s signature Veles e Vents building.

Ernesto Bertarelli (SUI) owner and helmsman Alinghi:
“The weather is quite different from when we left in July 2007, but I think the excitement is the same. I think there is about 600 accreditations which is just as much as last time and so there is a certain interest in this historic race.”
“ We are all at the Alinghi team looking forward to the regatta putting forward our best.”

On the need for nerves: “Every time you go to battle you have to feel nervous. Anytime I have gone casual to anything I was not my best,. I think adrenaline and a bit of excitement is good, for anything you do and especially for a competition like this.”

On BMW ORACLE Racing: “BMW ORACLE Racing is a formidable team. They have brought an impressive yacht with impressive technology. It is going to be very interesting to see two very different yachts trying to achieve the same thing.”

On the need for reliability and safety: “ In order to win you have to finish. Both teams over the last few weeks have been able to gauge our reliability. We have had problems. It is a bit like the beginning of the season in the Formula 1 grand prix. All is very good when the teams are here testing in Valencia. You go round the track once or twice and you put a good time. But on the Sunday of the first race you have to go around the track 72 times. It is a bit the same thing. We have completed the course a few times. It is a long course, 40 miles, we have done it in between two and half to three hours which is a lot of ground to cover. If the wind comes from the shore, which is what it is looking like, then the start is going to be almost half way between here and Ibiza. I think everyone should be careful, especially spectators who are on the water. Remember we are not in the summer, but in the winter.”

On why he is helming Alinghi: “Some other reasons are those that brought me to sailing, multihull sailing, speed and perfecting these boats on the lakes. My contribution this time has been very different. Possibly I have had more involvement with this campaign than ever before. My steering I think is a good thing.”
“ It happens that I can steer a multihull, and I have brought on board since we have clear indication that we were going to sail multihulls those which we have competed against on the lake, those who I felt were the strongest competitors Alain Gautier and Loïck Peyron.”

On this America’s Cup: “ I think this America’s Cup will be remembered for whatever reason. I hope for the good reasons and it is going to be a formidable America’s Cup because of the boats and the technology and possibly because it is a DoG match and once in a while you have one. The other thing is that we should be careful in not discouraging other people who want to participate.”

Official opening ceremony tomorrow
Sunday 7th February sees the official opening ceremony of the 33rd America’s Cup, starting at 1300hrs in the heart of Port America’s Cup, by the Veles et Vents building.

USA Press Conference

2010-02-05T11:27:00.000-08:00

BMW Oracle Racing gave their first live webcast press conference today from Port America's Cup in Valencia, Spain. With Tom Ehman, emceeing the event BMWO CEO Russell Coutts, Owner Larry Ellison and Skipper James Spithill were in attendance, along with the usual worldwide yachting press participants.
With the first race less than three days away, all concerned seemed to be remarkably relaxed considering what is involved. The entire future of the America's Cup is at stake.
"This will be the greatest spectacle in sailing history," said Ellison. "Think of it as the X-Games version of the America's Cup. These are extreme machines."
For the first time in many years this America's Cup will be a showcase for technology. The last time America specifically has been able to have an upper hand in a technological aspect in this regatta was in the last court driven America's Cup in 1988 when Dennis Conner and Team Stars and Stripes raced a fixed wing catamaran against New Zealand.
Today Coutts called their trimaran USA, "an evolution of Stars and Stripes 88."
When asked about whether the two multihulls were going to mix it up, Coutts was quite animated in characterizing this match as compared to a Formula One race, when if you asked the competitors whether they were going to be concerned about hitting each other or racing too close, "they would look at you like you were crazy."
That said, like auto racing, a collision between these two yachts would be catastrophic, with a likely loss of life.
Though given the press conference's few moments of shrill, one has to ask themselves whether either side completely trusts the other when it comes to sanity.
When asked to comment whether he would be attending the owner's press conference tomorrow, Ellison was quite candid; "they have explicitly excluded Russell Coutts by name and because of this I won't be able to find the time myself to attend."
Ellison added when asked, if anyone from BMWO would attend, he categorically replied,"no one for our team;" as spoken by the man where clearly the buck stops at his boat.
Weather is going to play a huge role in this regatta and with the possibility of the spectacular, comes the risk of spectacle. A breakdown or collision would likely mean the end of the America's Cup for either team.
Harold Bennett will again reprise his role as the race official in charge of running the regatta and most assuredly the New Zealander has the respect of both sides.
Again, Monday February 8 will be potentially the most spectacular day in sailing history or not and the beauty of it all is that the world will be able to enjoy back to back Super Bowls!

The Wing. Photo of BMW Oracle by Gilles Martin-Raget.

2010-02-03T20:48:00.000-08:00

LVC WORLD SERIES AUCKLAND

2010-02-03T16:52:00.000-08:00

Eight teams to compete at Louis Vuitton Trophy Auckland in March
Story by LVC Media.
In just six weeks time, during the Southern hemisphere Summer, eight of the best sailing teams in the world will race a Louis Vuitton Trophy match race regatta in Auckland New Zealand.

© Sally Collison | Louis Vuitton Trophy Nice Côte d'AzurJust over a year ago the inaugural regatta was sailed in Auckland, the Louis Vuitton Pacific Series. Ten of the best sailing teams in the world, including the current Challenger and Defender of the America’s Cup, competed over two weeks in a match race regatta in two pairs of supplied boats. The boats used were ACC yachts from the 2007 America’s Cup and all teams rotated through the four boats.

The formula was renewed at the Louis Vuitton Trophy Nice regatta in November last year, a regatta whose provisional media return resulted in a value of over nine million Euros gathered from over 1200 articles, 354 hours of TV on 400 channels in 163 countries. The next regatta will be the Louis Vuitton Trophy Auckland from 9 – 21 March 2010.

Following the success of last year’s antipodean regatta the event organisers, the World Sailing Teams Association (WSTA), along with the city of Auckland decided to adjust the dates to enhance the public spectacle. The regatta, which runs from 9-21 March, will be staged from the same venue and at the same time as the Auckland International Boatshow (10-14 March) in Auckland’s Downtown Viaduct Basin, the venue for the America’s Cup in 2000 and 2003.

The WSTA member teams entered for the Louis Vuitton Trophy Auckland regatta are from seven countries. Unlike last year, the host Emirates Team New Zealand, skippered by Dean Barker, will not get an automatic pass to the regatta finals, but will have to earn the right to be there by passing through the round robin and semi final stages with a winning record. The seven other teams hoping to also make it to the finals and ultimately prevail are:

Aleph (France, skipper Bertrand Pacé)
All4One (France/Germany, skipper Jochen Schumann)
Artemis (Sweden, skipper Paul Cayard)
Azzurra (Italy, skipper Francesco Bruni)
Mascalzone Latino Audi (Italy)
Synergy (Russia, skipper Karol Jablonski)
TEAMORIGIN (Great Britain, skipper Ben Ainslie)

Following the Louis Vuitton Trophy Auckland regatta the WSTA’s member teams will race in La Maddalena, Sardinia (22 May – 6 June), then in Dubai, UAE (13 – 27 November) before Hong Kong in early 2011 (9 – 24 January).

At a press conference last week in Dubai, HH Sheikh Ahmed bin Saeed Al-Maktoum, Chairman and Chief Executive of the Emirates Airline Group, explained that the Louis Vuitton Trophy Dubai would be held at Mina Seyahi, the home of the Dubai International Marine Club (DIMC), located next to the world famous Palm Jumeirah.

“This is a real coup for Dubai. We are honoured to be part of this fantastic event which has rapidly emerged as a renowned spectacle of sport followed by millions around the world.”

Yves Carcelle, Chairman and CEO of Louis Vuitton replied by saying: "Louis Vuitton has been present in Dubai for more than 10 years. We are thrilled that in 2010 we can further build on this relationship through a great sailing event, while reinforcing the age-old Dubai tradition for sailing regattas.”

About Louis Vuitton
The world leader in luxury, Louis Vuitton has been synonymous with the art of stylish travel since 1854. Since 1987, it has been part of LVMH/Moët Hennessy - Louis Vuitton, the world's most prestigious luxury goods group headed by Bernard Arnault. Since 1997, with the arrival of the designer Marc Jacobs, it has extended its expertise to women's and men's ready-to-wear, shoes, watches and jewellery, glasses, combining traditional craftsmanship with flair and innovation to create a complete lifestyle experience. Today, Louis Vuitton has an exclusive network of stores all across the world.

About WSTA
World Sailing Teams Association (WSTA) was founded in 2009 by a group of professional yacht racing teams to develop a regular series of high-level competitive racing events. The WSTA is jointly owned by its preferred shareholders and represents the interests of the teams for fair and highly-competitive racing. The WSTA, in conjunction with title partner Louis Vuitton, co-organizes the Louis Vuitton Trophy.

Jury Transcript 2/2/10

2010-02-03T16:43:00.000-08:00

33rd America’s Cup February 2010, Valencia Spain
International Jury Case AC33/01

Decision 2nd February 2010 at 23:54

On 19th January 2010, the Jury Chairman received a Request for Redress from USA (sail number USA 17, representing Golden Gate Yacht Club), listing five instances in which USA alleged the Organising Authority (OA) (Société Nautique de Genève) and/or the Race Committee (RC) had made an improper action which USA claimed may lead to the possibility that her score be made significantly worse, through no fault of her own.

Richard Slater and Russell Coutts represented USA;
Hamish Ross represented the OA, the RC and Alinghi, and Brad Butterworth represented
Alinghi.

SUBMISSION ON VALIDITY

Hamish Ross argued that the Requests were not valid, as all the requirements of the Racing Rules of Sailing (RRS) 62.1(a) had not been met.
RRS 62.1(a) did not permit a Request to be made before a boat’s score had been affected.
RRS 62.1(a) states: ‘A request for redress … shall be based on a claim or possibility that a boat’s score in a race or series has, through no fault of her
own, been made significantly worse by an improper action or omission of the race committee … or organizing authority…’

REASONS FOR DECISION

RRS 60.1(b) states: ‘A boat may … request redress. RRS 62.2 states: ‘The request shall be in writing and be delivered to the race office no later than the protest time limit or two hours after the incident, whichever is later. The protest committee shall extend the time if there is good reason to do so…’
The Requests were in writing and delivered in time and hence comply with RRS 62.2.

DECISION
The Requests are valid.

DECISION REGARDING ADDRESSING A REQUEST FOR REDRESS BEFORE THE RACE

The Jury determines that the words ‘possibility that a boat’s score’ used in RRS 62.1 permit the Jury to consider a Request for Redress before the race.

REQUEST 01-1: INCORRECT RULES PRECEDENCE
USA submitted that ‘In both NoR 1.2 and SI 1.2 SNG has improperly set the order of precedence so that the Notice of Race and the Sailing Instructions prevail over the ISAF Racing Rules of Sailing. This improper action leads to the possibility of USA’s score being made significantly worse in that USA is required to comply with the rules taking into account an incorrect order of precedence. What is worse is that the order of precedence that USA must follow is in conflict in NoR 1.2 in that the Jury deals with conflict over the rules in a different manner.’

Richard Slater submitted that setting the order of precedence as the Organising Authority (OA)/Race Committee (RC) have done in the NoR and SI, would allow the Sailing Instructions to change any rule in the RRS, even rules that the RRS themselves do not allow to be changed. There would be uncertainty regarding rules governing the event.

Hamish Ross submitted that USA had failed to show how through no fault of her own USA had been prejudiced. Giving redress is a post-race remedy, not a pre-race remedy. It is for the OA to set the rules and this Request is premature.
He further submitted that the correct order had been applied, as the NoR and SI amend the RRS and therefore should be placed prior to the RRS in order of precedence.

REASONS FOR DECISION
NoR 1.1 and SI 1.1 list the rules applicable to the match in the following order: (a) Deed of Gift; (b) Notice of Race; (c) Sailing Instructions; (d) RRS.
NoR 1.2 states: ‘Subject to RRS 63.7 any conflict in the rules shall be resolved by applying the rule in the first listed document above which shall prevail over a conflicting rule in a subsequently listed document.’
Sailing Instruction (SI) 1.2 states: ‘Any conflict in the rules shall be resolved by applying the rule in the first listed document above which shall prevail over a conflicting rule in a subsequently listed document.’

RRS 63.7 states: ‘If there is a conflict between a rule in the notice of race and one in the sailing instructions that must be resolved before the protest committee can decide a protest or request for redress, the committee shall apply the rule that it believes will provide the fairest result for all boats affected.’

The RRS is the document that empowers the publication of the NoR and SI. The RRS are clear that some of its rules may not be changed by the SI. To give precedence to the NoR and SI over the RRS may result in conflict between the rules of the event. Such a conflict may give rise to the possibility that a boat’s score could be made significantly worse through no fault of her own.

DECISION
The Request is upheld. The OA/RC are directed to issue an amendment deleting NoR 1.2 and SI 1.2, and replacing them with ‘The Deed of Gift shall prevail over any other conflicting rule’.

REQUEST 01-2: CHANGING THE RULES TO OUTLAW WIND DETECTION EQUIPMENT.
USA submitted that ‘In amending NoR 1.5(b) SNG has not provided adequate notice to now attempt to outlaw the use of wind detection equipment. Such equipment was clearly allowed in the original Notice of Race and USA has spent time and money in obtaining and developing such detection equipment. Being unable to use such equipment leads to the possibility of USA’s score being made significantly worse in that its ability to detect the wind is removed and that it had committed time and resources to this project that may have been used in other areas of the yacht preparation.’

Through NoR 1.5(b) the OA deleted RRS 41(c) and (d) and replaced them with a new (c):
‘The RRS are changed (or applied) as follows: … RRS 41 (c) and (d) are deleted and replaced with: “(c) communications to and from the Umpires and Race Committee to the competing boats via equipment to be provided by the Race Committee, the use of GPS devices, low power onboard communication systems, use of onboard laser, radar and other detection equipment operated solely from onboard as permitted by NOR (b).(iv), and the operation of onboard event broadcast equipment, and to permit any actions authorised by the NOR and the SI”’

Hamish Ross submitted that it was not the intention of the OA to prohibit wind detection equipment and offered to meet with Richard Slater to try to come to an agreement on an amendment to clarify the matter.

At the request of the parties, the Jury adjourned the hearing in relation to this issue, pending the outcome of their meeting. Subsequent to the meeting, on 2nd February, the parties advised the Jury they had mutually agreed in satisfaction of this request that NoR 14.2(d) will be deleted and replaced with: ‘(d) onboard lasers, radar or other detection equipment operated solely from onboard; and’.

Consequently, the Jury has allowed the request to be withdrawn (RRS 4 63.1).

REQUEST 01-3: FAILURE TO MUTUALLY AGREE ON THE START TIME FOR RACES.

USA submitted that: ‘When NoR 6.6, NoR 1.5(I)(ii) and SI 5.6 are read in conjunction, it is clear that the scheduled start time has been set by SNG unilaterally as 1006 hrs. This is in direct contravention of the clear and unambiguous language of the Deed of Gift that states: “The challenged Club shall not be required to name its representative vessel until at a time agreed upon for the start,..." In improperly setting this start time SNG has created the possibility that USA’s finishing position has been made significantly worse in that the start time SNG unilaterally set may provide for conditions that suit the defending yacht over USA.’

Richard Slater submitted that the Deed of Gift required the Challenger and Defender to come to an agreement as to the start time, and that to set a start time of 10:06 could prejudice USA’s finishing position.

He submitted that a later start time would be more appropriate and there was nothing in the Deed to prevent races finishing after dark, and that some past America’s Cup Matches had done so.
He suggested that a representative of each party should meet with the chairman of the Jury and that if the parties fail to agree, the Jury should, after receiving submissions, set a start time.

Hamish Ross submitted that in the absence of agreement, the OA/RC have the responsibility to set a start time.
Harold Bennett, the Principal Race Officer, stated that to be sailing after dark would give rise to safety concerns in relation to the racing boats, in addition to race committee and spectator boats. The conditions for sailing would not be ideal but are ‘doable’. To have the whole day available gives a greater opportunity to conduct a fair race.

REASONS FOR DECISION
There is a clause in the Deed: ‘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.’
In a decision of the New York Supreme Court dated 29th July 2009, Justice Shirley Kornreich stated (on page 10) ‘It is only after the parties have failed to agree that the Deed defaults to the defender’s rules’. A footnote was added to that statement which said ‘Golden Gate argued at the hearing on July 21st that the mutual consent language should also be read to control the clause requiring that the default races be sailed subject to the defender’s rules. The court finds that the clauses are separate and that a consent requirement would be entirely inconsistent with the default provisions intent to create a situation where the race can still be held regardless that the parties have failed to agree.’

The clause in the Deed does not require the parties to agree a time for the start; rather it allows the Defender to delay naming its vessel until an agreed start time for the first race. If no start time is agreed then the OA has no alternative but to set a start time to facilitate a Match. The OA had engaged with the Challenger and attempted to agree a start time. USA had wanted an afternoon start time. No agreement was reached.

The New York Courts have the authority to interpret the Deed. Following the Court’s decision, the Jury is of the opinion that in the absence of agreement as to a first race start time, the OA has the responsibility to set appropriate start times.

The "Organizing Authority" has set a scheduled start time of 10:06. The Jury is of the opinion that a scheduled start time of 10:06 is reasonable and is therefore not an improper action.

DECISION The Request is denied.

REQUEST 01-4: IMPOSING WIND AND WAVE LIMITS THAT DIRECTLY FAVOUR SNG’S OWN YACHT.

USA submitted that ‘SNG has imposed limits on the wind strength and the sea state for the Match. This limitation is neither supported by the clear and unambiguous language of the Deed nor the findings of the New York Court of Appeals in Mercury Bay Boating Club v San Diego Yacht Club 76 NY2d 256 (1990). Imposing wind and wave limits creates a design restriction that is not found in the Deed of Gift. This leads to the possibility that the finish position of USA is made significantly worse in that conditions that may benefit the defender over USA are the only conditions that are raced in.’
NoR 6.7 states: ‘To ensure the safety of competitors, officials and spectators, and taking into account the length of the courses to be sailed and the nature of the boats, RRS 27 and RRS 32 shall apply. It is anticipated that races shall be sailed in winds having a windspeed of not more than 15 knots measured at 60 metres, and in waves of not more than 1 metre in height.’

Richard Slater submitted that the Deed prescribes a time limit but not a wind or wave limit. To do so directly impacts on design and therefore such limits conflict with the Deed. Richard Slater submitted that 15 knots measured at 60 metres would often equate to less than 12 knots at sea level and that such a limit would be inappropriate if set only for safety reasons. Measurement at 60 metres could only be obtained from the Defender’s yacht and it was inappropriate for the Race Committee to rely on wind readings obtained in this manner.

Hamish Ross submitted that the upper wind limits were based on safety concerns and that there were significant legal and insurance issues to be considered.

Hamish Ross submitted that as the OA had not broken a rule it could not have made an improper action.
Hamish Ross further submitted that the OA was required by the Spanish Royal Decree of 7th February 2008 to provide ‘meteorological limits set for the organization of the race’ to the Port Authority. The OA had advised the Port Authority of the wind limits as stated in NoR 6.7.
Tom Schnackenberg was called by the OA to give evidence. He is a physicist with 30 years experience in sail making and America’s Cup boat development. He stated that a wind speed of 15 knots at 60 metres height in relation to the boats in this Match was equivalent to 23 knots at 10 metres height for the preceding generation of America’s Cup boats in terms of the loads imposed.

Russell Coutts submitted that there were other significant factors determining the loads on the boats and that it was the responsibility of the crew (who are amongst the best sailors in the world) to exercise good seamanship by using the options available to them to reduce the loads to safe levels.

REASONS FOR DECISION
In a decision of the New York Supreme Court dated November 17th July 2009, Justice Shirley Kornreich, in respect of an issue concerning the safety of holding races off the coast of Valencia in February 2010, endorsed (on page 4) an extract from the Opinion of the Court’s Expert Panel: ‘At the hearing, both parties agreed that with the proper application of the RRS, races held in Valencia can be safely managed.’
The RRS contain adequate provisions for a RC to delay starting a race because boats are unlikely to complete the course within the time limit, or because of safety concerns. After the start the RC may ‘abandon the race because of foul weather’ or ‘because of insufficient wind making it unlikely that any boat will finish within the time limit’ or ‘for any other reason directly affecting the safety or fairness of the competition.’ (RRS 32.1)

The Jury concurs with the view of USA that to impose wind and wave height limits, which are not provided for in the Deed, without the consent of the Challenger is an improper action that may result in a boat’s score being made significantly worse through no fault of her own.

It is not necessary for an OA to have broken a rule for it to have made an improper action.
DECISION
Redress is granted. The OA is directed to issue an amendment deleting NoR 6.7.

The Jury recognizes that the RC has the obligation to comply with appropriate safety and legal obligations when making a decision to start or continue a race.

REQUEST 01-5: IMPOSING RULES REGARDING SKIN FRICTION

REDUCTION.

USA submitted that ‘The court has ruled that in the absence of mutual consent, RRS 53 does not apply. Furthermore, NoR 1.5(d) states: “RRS 49 to RRS 54 (inclusive) are deleted. For the avoidance of doubt anything that may have been prohibited by such rules is permitted.” SI 24 has been included into the rules with the clear intention of now stopping USA from using a process to reduce skin friction. This limitation is neither supported by the clear an unambiguous language of the Deed nor the findings of the New York Court of Appeals in Mercury Bay Boating Club v San Diego Yacht Club 76 NY2d 256(1990) and it is a change to the rules of the regatta where adequate notice has NOT been given. The improper inclusion of this Sailing Instruction leads to the possibility that the finish position of USA may be made significantly worse in that USA is unable to use a skin friction reduction process that it has developed and installed on the yacht.’

Richard Slater submitted that the inclusion of SI 24 is contrary to the New York Supreme Court orders and the Deed. SI 24 states: ‘Boats shall not put trash in the water, or fail to fully recover anything (other than discharged water ballast) intentionally left by the boat in the water. A boat’s Chase Boats shall use reasonable efforts to recover any trash or other item left in the water from the boat.’
Richard Slater stated that USA intends to use skin friction reduction technologies and that these technologies comply with all appropriate laws applicable in the USA and Spain.
No evidence was submitted that any substances that may be ejected by USA will in any way be harmful to the environment.
Hamish Ross submitted that SI 24 was not intended to prevent skin friction reduction technologies; rather to prevent pollution. He further submitted that if the Jury were to be satisfied that the technology and products used by USA complied with all laws and the SI, the OA’s concerns would be met.
Richard Slater offered to provide the Jury, in camera, evidence to show that the technologies and products fully complied with all appropriate laws, and gave an assurance to that effect.

DECISION
For the purpose of SI 24, ‘trash’ does not include substances released into
the water from a boat that are not in breach of any laws or regulations. 62. SI 24 has not reinstated RRS 53 and therefore there is no improper action by the OA and the Request is therefore denied.

David Tillett, chairman. International Jury: David Tillett (AUS), John Doerr (GBR), Josje Hofland NED), Graham McKenzie (NZL), Bryan Willis (GBR)

Measurements. "Gentleman, Fill Your Tanks"!

2010-02-03T13:30:00.000-08:00

USA, Golden Gate YC Statement:
Competitors will be able to use water ballast in the coming 33rd America’s Cup commencing in Valencia on Monday, provided that the amount used to benefit performance is also in position when the boat is measured.

This verdict of the International Jury was made tonight following a hearing in Valencia. “It puts the onus on the measurer to guarantee that the amount and location of ballast aboard for measurement is solely to enhance performance, not circumvent the waterline requirements of the Deed of Gift,” said GGYC spokesman Tom Ehman.

The Deed of Gift sets an absolute limit of 90ft on the load waterline (LWL) for single-masted vessels. “This means Alinghi might squeeze under the 90ft limit for measurement, release the ballast and then may race a boat longer than 90ft LWL,” Ehman said. “We don’t fully agree with the decision, but GGYC accepts it, and are ready to race.”

Alinghi Statement:
The ISAF International Jury for the America's Cup issued an interim decision late Tuesday night rejecting the challenger, BMW Oracle's latest complaint regarding the position and volume of the water ballast onboard the racing yachts during measurement.

“We are pleased that the jury upheld the New York Supreme Court and expert panel decision of November 2009. This is a positive step towards the America's Cup -- we are glad that measurement can go ahead as scheduled and that the challenger's request for redress has been denied. With just a few days to go before the first race of the 33rd America's Cup, the team is fully focused on race training and preparations,” said Grant Simmer, Alinghi design team coordinator.

The Redress. USA Says:

2010-02-03T13:19:00.000-08:00

Statement from Golden Gate Yacht Club:

Tom Ehman, Spokesman, Golden Gate YC:

The International Jury for the 33rd America’s Cup has confirmed the start time for races will be 1006.

This was one of five decisions reached by the Jury following hearings in Valencia in which Golden Gate Yacht Club’s requests for redress were heard for improper actions taken by the defender, Société Nautique de Geneve.

The Jury gave Race Office Harold Bennett the discretion to use his experience and judgment on what constitutes fair and safe conditions for racing. GGYC submitted that SNG’s planned low wind limits would unfairly advantage Alinghi 5 and disadvantage USA.

GGYC’s yacht USA has also been cleared to use onboard wind-detection equipment as well as fast and green friction-reduction technologies. SNG had previously arranged rules to permit both these things, but had a last minute change of mind, and then attempted to prevent USA from using them.

“This brings some degree of common sense back to the rules,” commented GGYC spokesman Tom Ehman. “The pinnacle event in our sport, contested by the world’s best sailors, ought to allow racing in conditions that even kids in the Optimist trainer class would say were too light to be any fun.”

The Redress. Alinghi Says:

2010-02-03T13:17:00.000-08:00

Further clarity for the 33rd America’s Cup Match

The ISAF appointed International Jury for the America’s Cup ruled early Wednesday morning on the redress brought by the challenger BMW Oracle

Five requests for redress were brought before the International Jury by BMW Oracle in their ongoing litigation ahead of the 33rd America’s Cup which is scheduled to start on 8 February. The five-member Jury issued a decision in the early hours of Wednesday morning stating that the America’s Cup organising authority (OA), Société Nautique de Genève (SNG), is correct in setting a start time for the race at 10:06. There is no Deed of Gift requirement for the start time to be agreed with the challenger as the OA has the responsibility to set the start time.

The Jury also ruled that the Deed of Gift shall prevail over any other conflicting rule and the SNG will amend the Notice of Race (NOR) and Sailing Instructions (SI) to further reinforce this. In another decision, the Jury confirmed that SNG’s race committee will be responsible for determining whether to start or continue a race and in doing so has the obligation to comply with applicable safety and legal obligations. This will be reflected in the Notice of Race (NOR).

While the challenger’s request for redress regarding their intention to dump substances in the sea while racing was denied, the Jury reinforced the fact that all applicable laws must apply to any discharge while racing. The competing parties mutually agreed to modify the rules regarding detection equipment at the challenger’s request.

“We welcome the Jury’s involvement and decisions for the sport. We are confident racing will go ahead as scheduled on Monday – weather permitting – and we are looking forward to finally getting this competition on the water,” said Alinghi team skipper and tactician Brad Butterworth.

The Laundry List.

2010-02-01T23:37:00.000-08:00

America's Cup Jury to hear Redress, Rulings Expected Soon.

The America's Cup International Jury heard presentation Monday on five issues where the Challenger, BMW Oracle Racing of the Golden Gate Yacht Club (GGYC) is seeking redress for what it believes are violations of rules as interpreted by the New York Supreme Court.

BMW Oracle believes that the rules written in the Notice of Race or Sailing Instructions by Alinghi may violate the America's Deed of Gift or the orders of the NY Supreme Court that enforce the Deed. The jury is expected to release rulings on these questions beginning Tuesday. At least one additional issue will be heard tomorrow.

Golden Gate YC Statement (complete):
Tom Ehman, Spokesman: "The five-person International Jury for the 33rd America’s Cup met for the first time today. Under consideration were five vital requests by GGYC to ensure fair and equitable racing: (our take)

• Can the defender unilaterally select wind and wave limits?
No. There is no wind and wave restriction contemplated in the Deed of Gift. The only restrictions have been instituted by mutual consent.

• Is Mutual Consent required to select race start times?
No. The Deed is specific on a seven hour time limit. With the shortness of daylight in the Winter in Spain, the only reasonable start time to ensure completion in day light is to start at 10:00 AM CET OR 4:00 AM EST.

• Can wind detection equipment be used?
Yes. This is an unlimited technology race, with few rules.

• Can friction reduction systems be used?
Yes, as long as it does not emit toxins into the Mediterranean. No loss if jury reverses.

• Are the regatta rules contradictory?
The New York Supreme Court was very clear: NO TRICKS.

"'The fact the hearing lasted from 1100 to 1730 proves that the issues being considered are significant and that the Jury gave the challenger and defender full opportunity to present their cases,' said Ehman.

"The meeting was adjourned. International Jury Chairman David Tillett indicated that the findings of his panel will be released tomorrow afternoon. A further hearing concerning GGYC’s request for redress over measurement will also be heard tomorrow at 1900."

NY Court Does Not Delay America's Cup Match; Hearing Not Expedited

From Alinghi: "Justice Kornreich of the New York Supreme Court informed the America's Cup defending yacht club, Société Nautique de Genève, and the challenging Golden Gate Yacht Club today via telephone conference that she will not hear the American challenger's complaint regarding the 'constructed in country' requirement of the Deed of Gift before the 33rd America's Cup Match which is scheduled to begin on 8 February."
As noted in my last report, the Court will withhold any further judgements until after the races have been completed.

Golden Gate YC Statement (complete):
Tom Ehman, Spokesman: "The New York Supreme Court said today that, due to its busy schedule, the hearing on the 'constructed-in-country' issue could not be expedited. Therefore, it appears unlikely that a hearing will take place before the America’s Cup match begins on February 8th.

"It is unfortunate that the legality of Alinghi’s American-made sails probably will not be decided before the Match. However, it will be decided eventually."

Updates January 2010

2010-02-01T11:38:00.000-08:00

Friday, January 29, 2010
Societe' Nautique de Geneva May Forfeit.
For the Record: Fred Meyer

Société Nautique de Genève vice-commodore, Fred Meyer, comments on GGYC’s latest tirade:

“The latest flurry of legal documents and public statements from Larry Ellison’s Golden Gate Yacht Club further demonstrates his overriding ambition of winning the America’s Cup without racing for it on the water. Not only is BMW Oracle pursuing its ninth attempt to disqualify the Swiss Defender through a New York court with a skewed interpretation of the Deed of Gift, but they have also intensified their legal campaign on another front.

BMW Oracle is determined to angle the America’s Cup competition in its favor, this time through a four-point redress to the International America’s Cup Jury on rules set out in the Notice of Race and the Sailing Instructions issued by SNG for the 33rd America’s Cup. The challenger has still not comprehended that what it has forced is a “Deed of Gift Match”. There is no Mutual Consent – even the New York Supreme Court has told them that the rules are those of the defending yacht club, a fact stated very clearly in the Deed of Gift itself.

To address Tom Ehman’s attacks on the legality of Alinghi’s sails: history and facts support SNG’s interpretation of the Deed of Gift’s "constructed in country"requirements as recently declared by American historian, John Rousmaniere: “Unlike hulls, sails were not regarded as subject to nationality restrictions – not by sailors, not by sailmakers, and not by the donors and the trustee New York Yacht Club.”

We have been clear: if BMW Oracle succeeds in disqualifying the Defender’s sails then there will be no Match, Russell Coutts will have won the America’s Cup for Larry Ellison without sailing. An irony unto itself given Russell’s use of 3DL sails on every AC team he has raced with since 1995; New Zealand, Switzerland and now the USA.

As further example of their double standards, BMW Oracle are attempting to circumvent the “Trash Disposal and Environmental Protection” rule in the Sailing Instructions to continue to freely pollute the waters of Valencia by discharging a cocktail of chemicals under their hulls to make their boat go faster. SNG insists that both competitors respect Spanish waters as they do their home waters.

And while we are setting the record straight, their claim of a “Singapore Agreement” is pure fabrication. The signatures that Tom Ehman has been flaunting were on an early draft that was discarded and subsequently developed on before BMW Oracle aborted the meeting by suing our club for a ninth time.

SNG remains determined that the winner of the America’s Cup will be decided on the race course and not ashore. We will see you on the start line on the 8 February.”

GGYC Responds:
BMW Oracle Racing is employing a variety of environmentally-safe friction-reduction technologies. “Our hulls are more slippery and, therefore, move more efficiently through the water than ever before,” said design team member Manolo Ruiz de Elvira (ESP).

The only decision – out of fourteen – that Société Nautique de Genève has won in the New York Supreme Court was to have Racing Rules 49-54 deleted from America’s Cup racing for the first time ever. This not only permitted the yachts to use an engine to replace manual power, but skin friction reduction systems, previously banned, are now allowed.

“We are not going to say exactly what systems and technologies we are using on our trimaran, but I can assure you they make an already fast boat even faster,” Ruiz de Elvira said. “Our design team has found the ultimate solution – fast and green.

SNG’s blatant attempt to reverse the Court’s ruling permitting friction reduction systems, which the Swiss themselves fought for, is now in the hands of the International Jury at the request of GGYC.
Posted by Mark Wharton Reid at 6:14 AM
Thursday, January 28, 2010
Strictly Sail this Weekend in Chicago!

Strictly Sail will be hosting the Midwest's premier sailboat show this weekend in Chicago, Illinois at the world famous Navy Pier. Representatives from all the major manufacturers, sail makers, marine facilities and yachting magazines will be in attendance.
This show will mark the publication launch of Riblets, Plastic and a Frontrudder. The exciting new book by Mark Reid on the 1987 America's Cup.
Mr. Reid's commentary on the events leading up to Dennis Conner regaining the most prized trophy in all of sports and returning it back to America is the most comprehensive narrative on the events leading up to racing in Fremantle, Western Australia ever published.
12-Meter Update covered that America's Cup with complete details on all the challengers and defenders that went downunder. Specifically, the book covers the challenges from the Heart of America, representing the Chicago Yacht Club, the New York Yacht Club's America 2 and the Golden Gate Challenge's USA from the St. Francis Yacht Club in San Francisco where Mr Reid spent 2 years covering events there.
Posted by Mark Wharton Reid at 2:02 PM
Ten Days!
USA with its radical "hard wing" sail. Photo Courtesy BMW Oracle Racing

Ten days to go, or not? I think we're there. Mutual consent withstanding, counterpart
Commodore's Fred Murray from the Societe Nautique de Geneva (SNG)and Marcus Young of the Golden Gate Yacht Club (GGYC) continue to trade letters espousing their desires for an amicable America’s Cup, but contentions aside on who built what, where; the first race is still scheduled/ordered to start on February 8th in Valencia, Spain

With the utmost sincerity feeling that they are both somehow on the side of might and right the yachts in question this time around are not narrow, 80 ft. monohulls (1 hull) grasping to reach 20 knots, but behemoth multi-hulls 90 ft. by 90 ft on the load waterline, with carbon fiber masts that tower 200 feet into the sky. With more than 7,000 square ft. of sail area these boats can be expected to sail at more than 40 knots!

Pulling the purse strings are billionaires Larry Ellison, representing the GGYC in combination with his team BMW Oracle and Ernesto Bertarelli with Alinghi, holding sway over SNG. The sailors on board for the most part pay penance to their bosses and the legal teams involved are presumably the best and certainly the most expensive in the world.

BMW Oracle launched their trimaran (3 hulls)a 1 1/2 years ago in Anacortes, Washington and last July, Alinghi put a gargantuan catamaran (2 hulls) into the emerald waters of Lake Geneva, Switzerland and then into the mine laden Persian Gulf, for several additional months of training, before being ordered by the New York Supreme Court to pack up and relocate in Valencia.

These high tech wonders will ensure that the next America’s Cup will be the most spectacular design fest in history......if the warring factions can ever escape their escapades in the courtroom.

With all the ruminations over the choice of the venue,and now; sparring on issues over the "constructed in country" (CIC) provisions in the Deed of Gift, which will probably leave the NY Court little alternative but to say; "come back and see us when the racing is done."

The issue itself is relatively mute with an interesting array of factions lined up on both sides of the fence. With former Stars & Stripes teammates; and executives with North Sails John Marshall(BMW Oracle)and Tom Whidden (Alinghi) submitting affidavits of opposite opinions, the 33rd version of the America's Cup has become a terrible Civil War which will undoubtedly land back in court after the races are over.

For the last 2 1/2 years BMW Oracle has championed the Challenger's cause in more ways than even they would have dreamed possible. After Alinghi's poorly thought out Defender's power grab in 2007, the holder of the America's Cup has been left on the ropes with little or nothing left but to win on the water at all costs. The loser next week will be left with a bitter legacy and a trip back to court.

What we are left with is the possibility of the greatest spectacle in "yacht" racing! Again, who doesn't wants to see these foiled multihulls rip it out over the Mediterranean!

By Mark Wharton Reid
Posted by Mark Wharton Reid at 1:07 PM
Alinghi Responds to CIC Issue.
Alinghi sailing off Valencia, Spain. Photo by George Johns,courtesy of Alinghi.
Alinghi Responds to CiC Legal Filings
Press Release

January 22, 2010

Société Nautique de Genève (SNG), the 33rd America's Cup defending yacht club, today presented its opposition arguments to the New York Supreme Court in response to Golden Gate Yacht Club's (GGYC) ninth lawsuit; a misguided interpretation of the 'constructed in country' (CIC) requirement of the Deed of Gift, the event's governing document. SNG's comprehensive set of papers reaffirms its interpretation that only the yacht or vessel has to be constructed in the country of the club holding the Cup, and that sails do not.

SNG's affirmations are supported by historical precedent, as reflected in the expert declaration of John Rousmaniere, a leading America's Cup historian,

“...the donors of the original Deed of Gift never contemplated limits on foreign sails or foreign sail technology. Those donors, in fact, hoisted British sails in first winning the Cup with the schooner America. In fact, in adding the CIC clause to the Deed in 1882, George Schuyler, the last surviving donor, sought to ensure that the Cup remained a genuinely competitive event, while preserving the Cup's international character. He thus struck that balance by limiting the CIC requirement only to a competing vessel's hull, but not its sails."

Additional documents presented to the court confirm that GGYC's CIC claim is factually wrong: SNG's sails were constructed in Switzerland and this fact is supported by an affidavit from Tom Whidden, president of North Sails, and an official certificate of Swiss origin from the Swiss Chamber of Commerce.

SNG is certain of our yacht's Deed compliance, including the ‘constructed in country’ provision and our interpretation is supported by the language of the Deed, historical precedent, and by the Cup donor's intentions, said Fred Meyer, vice-commodore of SNG. In any event, GGYC's CIC claim is factually wrong and we have submitted to the court substantial evidence proving that our sails are Swiss made. It is our view that we should go racing on 8 February. GGYC should end their legal strategy to try to delay the Cup and to try to gain competitive advantage over the Defender and should proceed with the competition on the water. If they wish, however, to pursue their latest lawsuit, then the judge should have a close look at BMW Oracle's yacht, which does not comply with GGYC's own interpretation of the Deed, he concluded.

"Constructed in Country" Counter Motion

In parallel to the opposition papers, SNG has presented a counter motion stating that, should GGYC's interpretation of the CIC in the Deed of Gift be validated by the Court, then its own boat would be illegal. Affidavits from a number of leading experts in the field of yacht design, such as Duncan MacLane and Nigel Irens, support the fact that GGYC's trimaran is in fact a French-designed boat and not American, as supported by photographic exhibits the boat also includes a number of non-American constructed elements. In addition, BMW Oracle's yacht is not even a sloop, propelled by sails, with a main and a jib, as declared in the American club's certificate of challenge, but a wing-mast rig.

SNG's set of documents showcases how this latest motion by GGYC is in contravention of the spirit of the Deed of Gift and how Larry Ellison's yacht club has forgotten the call for friendly competition between nations.

Excerpts from expert affidavits:

Excerpts from the declaration by John Rousmaniere (USA), America's Cup historian:
For more than a century of America's Cup competition, nationality concerned only yacht clubs and yacht hulls. There were no nationality restrictions on sails in the first race in 1851, when the American donors of the America's Cup used English sails. The first formal restriction of international exchanges of sail and other technologies was not established until after the nineteenth cup regatta in 1962. That was when the then trustee, the New York Yacht Club, issued what it would call an interpretive resolution limiting access to technology across national borders. Subsequently other, sometimes conflicting restrictions were imposed until all interpretive resolutions were rescinded by SNG and GGYC before the most recent cup races in 2007.

Unlike hulls, sails were not regarded as subject to nationality restrictions not by sailors, not by sailmakers, and not by the donors and the trustee New York Yacht Club.

Had a stringent constructed in country rule like the one proposed by Golden Gate Yacht Club in this action been in place and enforced, in most of those nineteen regattas either the challenger or the defender (and sometimes both) might have been disqualified.

Since the complaints about Atalanta concerned how identical her model, or hull shape, was to U.S. yachts, constructed can only have meant designed and built. Nothing was said or even implied in the Second Deed about sails, scantlings, or other construction standards.

Excerpt from the affidavit by Tom Whidden (USA), President of North Sails:
In Switzerland, I understand that the Alinghi team constructed the sails for Alinghi 5 by (1) joining the 3DL pieces/sections to construct the body of the sails; (2) finishing the sails by traditional sail-making methods; and (3) transporting the constructed sails to the location of Alinghi's yacht.

Excerpt from the affidavit by Nigel Irens (GBR), Multi-hull Designer at Irens-Cabaret:
In my view, the BOR yacht represents an extrapolation and adaptation of other current racing designs of the French firm, VPLP.

Excerpt from the affidavit by Duncan MacLane (USA), Multi-hull Designer:
Over the last ten years, there has been very little development of large performance multihulls in the United States. The larger racing multihulls have been concentrated in Europe, with European designers. The BOR 90 foot trimaran is clearly the offspring of European racing trimarans, particularly the ORMA 60's and their development programs.

Notes:

- Rousmaniere quote: SNG MOL in opposition to GGYC improper motion to enforce the April 7, 2009 order and judgment, page 3.
- Rousmaniere excerpt 1: Rousmaniere affidavit, pages 2 & 3
- Rousmaniere excerpt 2: Rousmaniere affidavit, page 6
- Rousmaniere excerpt 3: Rousmaniere affidavit, page 7
- Rousmaniere excerpt 4: Rousmaniere affidavit, page 15
- Whidden excerpt: Whidden affidavit, page 4
- Irens excerpt: Irens affidavit, page 2
- MacLane excerpt: MacLane affidavit: page 2

Accompanying Legal Documents Filed in Response (all in pdf format):
(These are large files, over 20MB in total)

Notice of Cross-Motion
Memorandum of Law in Support of Cross-Motion
Memorandum of Law in Opposition to GGYC Filing
Exhibits AA Through XX in Support of Memoranda
Declaration of John Rousmaniere (Historical Background and Sources)
Affidavits of Irens, Whidden, Masmejan, Maclane, Vrolijk, Sahli, Pattison, Tournier
Posted by Mark Wharton Reid at 10:46 AM
BMW Seeks Redress on CIC Issue.
Tom Ehman, GGYC Spokesman:

Tonight GGYC filed its response to Société Nautique de Genève’s (SNG) submissions to the New York Supreme Court of last week.

There are two important questions before the Court: In an America’s Cup “Deed of Gift match,” must the sails of competitors’ yachts be constructed in the country they represent? Were Alinghi’s sails constructed in Switzerland? GGYC believes the answers are clear: yes, sails must be constructed-in-country; and, no, Alinghi’s sails were constructed in the USA, not Switzerland.

Last week SNG let go an avalanche of papers to obscure these simple questions. The Swiss defender has long appeared to be suffering from snowblindness over the fact that the 33rd Match is not a normal regatta. It is not even a normal America’s Cup. It is a “Deed of Gift match” in which the clear wording of the Cup’s ruling document must be adhered to by both teams.

Highlights of GGYC’s briefs filed tonight (and available in full at www.ggyc.com):

*

The Deed of Gift does not say that only the hull of the defender’s vessel must be constructed in the defender’s country. Neither does it carve out an exemption for the vessel’s sails – the component that propels the boat and one of the major determinants of a vessel’s competitiveness. Nor does it say that yachts may be constructed in pieces abroad so long as they are “assembled” or “finished” in country. This fundamental part of the Deed of Gift has shaped the character of this great sailing competition for nearly 130 years.

*

GGYC went to extraordinary efforts to comply with the Deed of Gift’s constructed-in-country provision.

*

This is not a complex issue to resolve. It rests on three simple propositions: (1) the Deed of Gift requires that the defender’s “yacht or vessel” be constructed in the defender’s country, (2) sails are part of a yacht or vessel, and (3) SNG has admitted that its sails were custom-made in pieces in Nevada. All that is required is an application of a plain and unambiguous provision of the Deed of Gift to admitted facts.

*

In a transparent attempt to distract the Court from its own blatant violation of the Deed of Gift’s constructed-in-country requirement, SNG has brought a baseless cross-motion against GGYC seeking – once again – to disqualify GGYC’s challenge vessel.

*

GGYC is not seeking to delay the race; it is ready and eager to begin the match on February 8. It is not trying to disqualify SNG’s yacht; that is why it is seeking to have this issue resolved now, before the race. SNG has rejected every attempt by GGYC to reach mutual consent on constructed-in-country and other issues, most recently at a meeting in Singapore on 12 January. An agreement was negotiated between SNG and GGYC representatives. It was signed by GGYC and the International Sailing Federation (the world governing body), only to be rejected by SNG/Alinghi.

Alinghi’s constructed-in-country violation is yet another example of SNG’s reckless disregard for the Deed of Gift, and of their repeated attempts to gain an advantage by shamelessly breaking the rules.

GGYC hopes the Court will resolve this issue next week, before racing for the 33rd Match starts in Valencia on 8 February.

GGYC and BMW Oracle Object to Notice of Race Changes and Sailing Instructions

Will Ask America's Cup Jury for Redress

Golden Gate YC has stated objections to the Notice of Race (NOR) and Sailing Instructions that Defender SNG and Alinghi released Tuesday. Calling the documents "riddled with errors" and part of a continued pattern by SNG to make rules favoring their entry and harming the chances of the Challenger, Golden Gate YC says that they will take the matter to the America's Cup International Jury for redress.

From GGYC Press Release (excerpt):

Specifically, SNG has:

• Effectively re-inserted Racing Rule 53 (“Skin Friction”) after obtaining a New York Supreme Court ruling to delete it.

• Set the starting time for the races despite the Deed of Gift’s requirement that this be agreed by mutual consent.

• Set wind and wave limits to favor its own yacht.

Changed the latest draft of the Notice of Race to ban certain wind detection equipment now being used by BOR that, previously, was permitted under all earlier drafts of the NOR.

• Re-arranged the hierarchy of the applicable rules so that SNG’s Notice of Race and Sailing Instructions would, in the case of conflict, overrule the Racing Rules; this is highly irregular and contrary to normal practice in yacht racing.
Posted by Mark Wharton Reid at 10:23 AM
From the America's Cup Media Center in Valencia.
Over 2 billion viewers will have access to the America's Cup on TV
With less than two weeks until the first races of the 33rd America’s Cup, a massive TV broadcast reach has already been secured which should ensure that the dramatic, never seen before multihull races between the Defender Alinghi and the Challenger BMW Oracle Racing have the capacity to reach a huge global audience.
Through the agreements with the European Broadcasting Union, which reaches 56 territories and has an audience of over 650 million and,globally, with Sports News TV spanning 160 territories, broadcasting to over 1.4 billion people and also with Transworld Sport with a global audience of over 302 million, the America’s Cup News packages are assured of a massive international audience of over 2 billion viewers

Among the broadcasters are Great Britain’s BSkyB, TVE/Teledeporte and Canal 9 in Spain, French based Eurosport and Showtime in the Middle East. Broadcasters will take all of the America’s Cup output, including the 26 minutes race day Highlights package, Race News package as well as the 52 minutes summary wrap up programme at the end of the event.

Also, for the first time in the history of the America's Cup, races will be broadcast live free of charge on www.americascup.com

The Persian Precipice of RAK

2010-02-01T11:25:00.000-08:00

Wednesday, October 21, 2009
The Precipice

"Lasciate ogne speranza, voi ch'intrate", or "Abandon all hope, ye who enter here"

Charon, Boatman of the Dead. Painting by By Olexandr Lytovchenko (1835-1890)

Hi. Enough all ready. After spending two years trying to disseminate an endless trail of litigation, the 33rd America’s Cup has descended into nothing more than a bitter divorce battle.
In infamous glory, commodores Fred Murray from the Societe Nautique de Geneva (SNG) and his counterpart Marcus Young of the Golden Gate Yacht Club (GGYC) trade letters espousing their desires for an amicable America’s Cup.
With the utmost sincerity feeling that they are both somehow on the side of might and right; but even the Dante Alighieri [before this is over, his name will have a look familiarity here] would hesitate to cross over on these 'Cup boats into Hades.
The yachts in question this time around are not narrow, 80 ft. monohulls (1 hull) grasping to reach 20 knots, but behemoth multi-hulls 90 ft. by 90 ft on the load waterline, with carbon fiber masts that tower 200 feet into the sky. With more than 7,000 square ft. of sail area these boats can be expected to sail at more than 40 knots!
Pulling the purse strings are billionaires Larry Ellison, representing the GGYC in combination with his team BMW Oracle and Ernesto Bertarelli with Alinghi, holding sway over SNG. The sailors on board for the most part pay penance to their bosses and the legal teams involved are presumably the best and certainly the most expensive in the world.
BMW Oracle launched their trimaran (3 hulls) last year in Anacortes, Washington and this past July, Alinghi put a gargantuan catamaran (2 hulls) into the emerald waters of Lake Geneva, Switzerland. These high tech wonders will ensure that the next America’s Cup will be the most spectacular design fest in history......if the warring factions can ever escape their escapades in the courtroom.
With all the ruminations over the choice of the venue, fortunately or not Judge Herman Cahn left the door open for Alinghi to choose Ras al Khaaimah (RAK)in the United Arab Emirates to host the 33rd America’s Cup. RAK is perhaps the poorest of the seven Emirates (city/states) in wealth, shadowed by popularity of Dubai, just 50 miles to the south, that said; the largest concern is that its closest neighbor aside from bordering Omen is Iran, whose territorial waters border the race course.
In his ruling Judge Cahn, broke paths with the rules, for a variety of reasons and wrote that “Alinghi was free to choose Valencia, Spain or any other location,” for its defense of the America’s Cup. Alinghi did just that. Circumventing Dubai and choosing RAK, whose rulers have pledged infrastructure support. GGYC is challenging this selection in court, but a reality check should tell them its time to start packing their bags for the Middle East.
RAK should bring mild sea conditions and warm winds for February, just the right prescription for their new ‘cat.
Ras al Khaaimah (RAK)in the United Arab Emirates to host the 33rd America’s Cup. In 1987 the America’s Cup was gilded with “scientist who sail” now we’re tethered to a “yawl”-ful of lawyers who don’t necessarily sail, but like to be seen at the yacht club prospecting for more suckers (clients). GGYC have brought on reknowned windbag "lawyer" David Bois. Bois is most famous for losing Bush vs Gore to lead their legal team.
Is it time for the New York Court System to wrest control of this nightmare and protect their state’s charitable trust?
What began earlier this year as the butt of the Scuttlebutt’s fool’s joke has now reached an epic palisade’s head on a platter, with calls to revoke the trust and return control of the America’s Cup back to the New York Yacht Club. That, in combination with the other former trustees to finally amend the Deed of Gift for the 21st century.
Two years ago when nautical journalists around the globe promulgated the spectre of a nuclear doomsday scenario [we’re here] we have been led to no other place in the world than the probability of an America’s Cup Regatta on the Persian Gulf, mere miles from the Iranian Coast and another one of its newly discovered uranium enrichment (bomb) facilities.
Has SNG breached their fiduciary duties? Are the GGYC and BMW Oracle the true protectors of yachting’s holy grail? With the peripheral spiraling downward, explore the circles of descent into the inferno and channel thru this decadence jibing towards these (not) original sins in this litigation to look on how all of this came to be, while hoping that “there must be some other way”.
As for the regatta participants themselves, Alinghi 5 has started training in the Persian Gulf and BMW Oracle has just emerged from their construction tent in San Diego. Both sides face off on October 27th in Judge Shirley Kornreich’s courtroom in what should be the final round before February’s match. Hopefully, the judge will put a lid on the recent escalation of litigation.
It is time to set the rules for this rendezvous and reserve future legal action until after the match is completed, at which time the court can hopefully bar both sides from further litigation or face permanent expulsion from the America’s Cup.
Under that scenario we can watch an intriguing match and move on to set up mutual consent for the future America’s Cup races. So, it is in the spirit of that passion dream drama that may as yet not vaporized, we anguish in perpetuity wondering on whether we will ever have an America’s Cup next February.
Really, who doesn’t want to see at least one high tech parley of a cat and tri- foil show ripping it out on the Mediterranean Sea or even the Persian Gulf?

The first circle. Limbo
No doubt. With all this endless litigation, there has been a tailspin into limbo ever since that spectacular July afternoon in 2007, when Alinghi crossed the finish line ahead of Emirates Team New Zealand (ETNZ) by a mere second, ending an incredible; protest defined, lead changing race. Alinghi defeated ETNZ 5-2 in one of the most exciting America’s Cup series in history.
When the series was over Societe Nautique de Geneva (SNG) drafted the rules for the next America’s Cup. Enjoining the Spanish Sailing Federation (RNEF) they created a phantom yacht club to agree to new rules (bogus) and represent any challengers, who might be interested in racing for the right to face to Swiss in an America’s Cup final in 2009.
Alinghi won the America’s Cup in Auckland, New Zealand in 2003. The yacht club chose Valencia, Spain over ports in Portugal, Italy and France to host the 2007 America’s Cup. Valencia, the European equivalent of Milwaukee, Wisconsin; is located on the Mediterranean and is one of the world’s oldest ports.
Days after defending the America’s Cup, SNG accepts an “in house” challenge from Nautico Club Espanol de Vela’s (CNEV) for the 33rd America’s Cup and a controversial new protocol is written. The following week the Golden Gate Yacht Club in San Francisco, CA 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.
When that challenge was rejected by SNG, the GGYC filed suit in the New York Supreme Court, to invalidate the Spanish challenge. The New York 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.
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. Armed with a formidable team of new lawyers, SNG appeals the decision with the Appellant Court in New York.
In July, 2008 an Appellant Court in New York , littered with recent appointees ruled in a split decision (3-2) in favor of SNG and Alinghi. Surprise! The Club Nautico Espanol de Vela (CNEV) is again the challenger of record for the 33rd America’s Cup. In a ruling that has shocked everyone; most of all Team Alinghi, the Golden Gate Yacht Club was displaced as the challenger of record and faced 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.
As expected GGYC did appeal the verdict to the highest court in the State of New York and in April, 2009 the Appellant Court verdict was over turned by a unanimous Appeals Court 6-0.
The court remanded the decision back to Judge Cahn’s original ruling and now that he has since retired the whole affair has landed in the lap of Judge Shirly Kornreich.
Judge Kornreich has spent the entire summer and now the fall overseeing what has become a rapid fire series of exchanges between the litigants and hopefully, but probably not finally lay the law down for the match in February, 2010.
The Deed of Gift is the bylaw that governs the race, was written by the syndicate owners of the America and the NYYC. It was amended by the last surviving member; George Schuyler in 1887. The defense of the “Auld Mug” the nickname for the America’s Cup trophy, takes place for the most part every few years. Over the last two decades it has changed hands several times between America, Australia, New Zealand and now, Switzerland.
Since the last legal debacle in 1988, the Deed had 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 yacht club for the America's Cup.
Over the last two years the warring parties have been in and out of court trying to capture the higher ground in the court of public opinion with an endless sea of snipes and gripes. Most of the paper trail materializes in the form of legal dispatches and press releases, which has led into the current state of limbo. The end seemed in sight this past May, 2009, with the ruling by the highest court in the state, but that seems ages ago now.

The second circle. Lust“
To have an inordinate desire” as defined and this case it comes down to Russell Coutts. Coutts clearly has been coveted by all sides and Alinghi would not have won the America’s Cup or been remotely competitive had it not been for his defection from Team New Zealand. Coutts is the pre-eminent America’s Cup skipper of this era.
He was the winning skipper on the victorious TNZ yachts in 1995 and 2000, Coutts was handed over the reigns of leadership by Sir Peter Blake and thou their rocky relationship appeared to more ego driven than contentious, Coutts was is in disagreement with the Blake and the trusteeship of the Royal New Zealand Yacht Squadron over negotiated corporate contracts and commitments for the team for the next defense in 2003. Was there trouble in paradise?
The writing was on the wall as many of the Kiwi afterguard 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 and other key personnel. Quickly labeled as traitors, the Kiwi nation won't likely forget or forgive
The America’s Cup once a haven of nationalistic pride, amateurism and recreation, reeled in the realization that with the dawn of a new era encroaching on the Auld Mug, free agency and the high salaries associated with the rising costs, has taken hold.
After defeating TNZ in 2003, Alinghi chief Bertarelli and Coutts quickly fell into disagreement over the direction of the next America’s Cup. In June 2004 Coutts was fired by Team Alinghi “for repeated violations of his duties.” The new protocol had promised freer access by sailors to cross borders and compete for other countries, but now that access is being restricted by new mutual consent amendments.
Coutts, continued a mediation process with Bertarelli to allow access into 2007 America’s Cup, but sat on the shoreline as his former ‘mates won another America’s Cup. Dejected and resigned to his fate Coutts told the NZ Herald; “do we want an America’s Cup to be governed by two guys (Ellison & Bertarelli)”. They are the kingmakers “that all of a sudden get into a back room somewhere and decide to change the rules for whatever reason.”
"Most seriously, I was concerned at the impact of this management style not just on my contract, but on the wider America's Cup event,” said Coutts. “I found the role he increasingly insisted I occupy in the syndicate was at considerable variance with the one we had discussed, at length, during and since the last (2003) America's Cup campaign. “This and other issues were clear breaches of the contract I had entered into with him.” Lust, enter Ellison.
At the end of the 2007 ‘Cup and at the beginning of GGYC’s litigation it was a foregone conclusion that Coutts would end up at BMWO. Coutts is now the executive director of the syndicate and has complete directorial control over all sailing operations. Coutts said he had been delighted to accept the offer to join BMW ORACLE Racing as CEO.
“Taking up this new challenge gives me a leadership role with an outstanding team. I’m looking forward to building up a successful team. And I share Larry’s vision for close and exciting racing with neutral event management,” Coutts said. “It will be great to be back in the Cup. I enjoyed watching the last event – but I look forward to getting back on the water.”
Bertarelli would be loathe to place the center of his America’s Cup world on where or for whom Coutts sails, but this Brett Favre-like drama has all the earmarks of a jilted at the alter relationship.

The third circle. Gluttony
You’re so vain, you’ll probably think this story here is about you, and unfortunately you are right. This is an apocalyptical nightmare America’s Cup scenario that is deadlocked in an insurmountable billionaire ego driven bypass.
On one hand, there is Alinghi President Bertarelli, whose team defended the America’s Cup 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. Bertarelli, Italian by birth, inherited his fortune from his family who founded the pharmaceutical giant Serono and amassed greater wealth when the company merged with Merck a few years back. The word alinghi was made up as a child by Bertarelli
On the other hand is Ellison, the founder and chairman of Oracle. Ellison inherited nothing, climbing to the top by pulling up his bootstraps, while growing Oracle with relentless passion and fervor. 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 the six races against Luna Rosa from Italy and to compound their infamy they lost 5-1 to Alinghi in 2003.
Ellison’s private yacht “Rising Sun” is over 450 ft. long, has more than 80 rooms and cost more than $200 million dollars to build. It is considered the sixth largest private yacht in the world. At over 540 feet, Russian oil baron Roman Abramovich owns the world’s largest boy boat toy. Dubai’s ruling Sheik Mohammed bin Rashid Al Maktoumis in second. Bertarelli’s private yacht, Vava measures in at over 155 feet.
Speaking of measuring, one of the disputes in this whole affair revolves around the length of the yacht. According to the Deed, the load waterline length of the boat as it sits in the water cannot exceed 90 feet “if of one mast,” also BMW Oracle stated challenge locked in the dimensions of its multihull at 90 feet. With the publishing of the rules this summer by the International Sailing Federation (ISAF), which is the world governing body of the sport, much of the controversy centered around the waiving of Rules 49-54 (engines) and movable ballast, certainly when the boat is measured and also, whether to include the rudder, when measuring for waterline length. In an historical context the rudder is generally not part of the measurement formula.
BMW Oracle brought in the firepower on this one, in the person of Australian Ken McAlpine who has been measuring America’s Cup boats since 1988 and is beyond reproach. In his deposition McAlpine stated that according to the ISAF rules for sailing for 2009-12; “These (the current rules) exclude the vessel’s rudder in the measurement of length.” Adding that in the last default match in 1988 that, “if either yacht had had a rudder extending beyond the water line of the hull, it would not have been included in the measurement”.
“As a measurer I would interpret the term “load water-line” means the water line when the vessel is in the load condition” or the maximum weight the boat will carry during the race including; crew, sails, equipment, ballast etc.
So, Ernesto take a page from the “Ecstasy of St Theresa”, on your own families’ past, when Serrano’s founders took the initiative and started extracting urine from all those nuns to start what became; your business and man up. Realize that you still have tremendous advantages as the defender.

The fourth circle. Avarice
Engines on a sail boat, for BMW Oracle’s sake, hopefully not one of BMW's Formula 1 motors. Given the massive sails this time around. In her ruling Judge Kornreich wrote that: “A blatant example of a design feature that would violate the Deed, is an engine used to propel the boat; the Deed permits only vessels “propelled by sails.” The Deed does not, however, contain any restrictions on ballast or design features regarding trimming the sails. These features are therefore permitted because they are not prohibited by the language of the Deed.”
In her ruling she goes on to say; “Nor does the court find that the change in the rules to permit movable ballast and power winches to power sails in anyway violates the controlling rules.”
“SNG is breaking with the longstanding history and tradition in yacht racing that prohibited the use of non-manual power. For the first time in the Cup’s history, engines will be permitted to trim the sails, and computers can be used to control and steer the yachts; said Tom Ehman of GGYC. “This, we believe, is a sad day for the America’s Cup”.
Honorable judges, 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.
To be honest, engines; really? Why not follow the NFL's lead in regards to how they protect quarterbacks and put dresses on the crew.

The fifth circle Wrath and Sloth
Here comes the Judge...again. With not quite the patience or eloquence of the now retired Judge Herman Cahn and a bit more of the reckless, gunslinger type enter Judge Shirley Werner Kornreich. “unsportsmanlike behavior?
Kornreich writes that; “ The GGYC’s arguments based on sportsmanship and fairness are equally unavailing, as well as ironic in light of both parties’ displayed lack of adherence to the Deed’s condition that the America’s Cup race be a perpetual Challenge Cup for “friendly” competition”
In early 1989 Judge Carmen 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.” “The vision that George 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 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.”
In September 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 is being stored in a bank vault awaiting its fate. On 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.

The sixth circle. Heresy
In her decision Judge Kornreich wrote; “Allowing the challenger to continue construction after it issues the Notice of Challenge, and to reduce the size of the vessel below the noticed measurements, does appear to be inconsistent with the distinct advantage afforded the defender by the Deed's requirement of ten months' notice, but the court is mindful of the simpler state of technology that existed when the deed was drafted. There was only so much the challenger could do to its vessel once it learned the details of the defender's vessel, which under the Deed do not have to be revealed until the date of the match.”
“It is not only advances in technology, but the unsportsmanlike behavior of Golden Gate that has resulted in substantially reducing SNG's advantage as originally contemplated by the Deed.”
“Nonetheless, Golden Gate's actions are not contrary to law or sanction able in this limited forum. Because Golden Gate's vessel is still being constructed and the Deed permits the challenger to continue construction after the Notice of Challenge has been issued, the court will not compel Golden Gate to obtain a Custom House Registry (COD) within a specific period of time.”
“ To do so would be contrary to the Deed and counterproductive. (BMWO Rules Expert) Peter Willis explained that even if Golden Gate had the necessary supporting paperwork for issuance of a COD and one was issued, subsequent structural changes to the vessel would require issuance of an amended COD. Therefore, issuance of the COD does not freeze the vessel in time.”
“The court does find that Golden Gate must complete its vessel sufficiently in advance of the challenge date to allow for the approximate one month delay in obtaining a COD from the NYDC, and Golden Gate must provide SNG with the actual, final COD at least two weeks prior to the challenge date.”
“Accordingly, it is ordered that SNG's order to Show Cause why Golden Gate should not be disqualified for failure to provide SNG with a CHR (COD) is denied.”
Calling GGYC’s actions “unsportsmanlike” is a little bit like the pot calling the kettle black. Both sides are complicit. She sites Alinghi’s reduced advantage, without mentioning the fact that has been more than 2 years since GGYC gave 10 months notice in its challenge. The defender has had ample time to properly prepare for this match. Countless times in the ongoing litigation SNG/Alinghi has stated a desire to cooperate towards mutual terms and has not. Including changing council as a pre-empt for more litigation.
GGYC issued a mutually acceptable protocol approved by a majority of competing challengers for an America’s Cup in 2011 in Valencia, with almost identical terms to the 32nd match in 2007. It would have accepted most of Alinghi’s controversial terms, including the development of an AC 33 boat, with limits of one new boat per team.
Had GGYC engaged in ongoing “unsportsmanlike” behavior, Justice Carmen Ciparik would have smoked them out long before the Appeals Court ruling last April. Her feelings on fair play are well documented.

The seventh circle. Violence…all this & Armageddon too!
SNG has selected Ras al Khaaimah (RAK)in the United Arab Emirates to host the 33rd America’s Cup. It selected this middle east venue on August 8th as ordered by the New York Supreme Court (NYSC). SNG bypassed Valencia, Spain host of the last America’s Cup in 2007. Both sides allowed the contracts for the 33rd version of the races to expire, primarily due to the protracted litigation.
Alinghi 5 sailed under the expected whimsical conditions off RAK in their fragile catamaran. With a wind range of 5-7 knots, with possible building breezes and relatively flat seas this is exactly what Alinghi needs to work out the kinks in their new cat.
“The conditions are ideal here for these boats,” said Brad Butterworth, Alinghi team skipper, “exactly the building sea breeze that we hoped for which means we can sail as much as six days a week; it couldn’t be better for what we are trying to achieve.”
Preparations for the America’s Cup continue apace, both on Al Hamra Island, home to the team bases, and within Al Hamra Village where the teams and America’s Cup visitors will be accommodated over the next few months. The infrastructure is tailor-made for the event, courtesy of Ras Al Khaimah and Dr Khater Massaad, Advisor to H.H. Sheikh Saud bin Saqr Al Qasimi, Crown Prince and Deputy Ruler of Ras Al Khaimah, whose support has been invaluable.
“We are proud to host such a world-acclaimed sporting event and welcome Alinghi with open arms,” said Dr Massaad, “we just hope to be able to welcome BMW Oracle, the challenger, soon in order to finalize preparations at their base on Al Hamra America’s Cup Island. The government of Ras Al Khaimah and the UAE guarantee the security of both teams in the lead up and during the Cup,” he declared. Following three weeks of modifications, the latest iteration of the giant trimaran boasts new features which will be worked up on shore, before the boat hits the water for more testing near the end of the month.
Most significantly, and in response to the new rules issued earlier this year for the 33rd America’s Cup by the Defender, SNG/Alinghi, the team has modified the BOR 90 cockpit to accommodate an engine.
The engine will primarily be used to drive hydraulics for trimming the enormous sails - the mainsail alone measures nearly 7,000 square feet - that propel the boat. Alinghi’s insistence on the use of engines has resulted in the team having not only to add an engine and related gear, but to redesign the boat’s cockpit on the center hull.
With the engine, there is no longer a requirement for the grinding pedestals and sailors (“grinders”) who until now provided the human power for the boat, so the cockpit has been reconfigured.
“When we originally designed and built the BOR 90, we assumed we would have to use the crew to provide all the power on board, as that has always been the case in the America’s Cup,” said design team director Mike Drummond.
“With the change to the rules, we’ve had to adapt, adjust and modify. Otherwise, the engine power that Alinghi designed into their boat would have given them a significant advantage. This all part of the process of preparing to race in February.”
Trucks containing boat components have arrived at BMWO’s team testing base in San Diego, California. Judging from the length and shape of the containers, the long anticipated hard wing carbon fibre sail appears to be taking shape. The components were built at Core Builders, the team’s Anacortes boat-building facility in Washington.
These new structures will be used in future modifications to the giant trimaran. “Everything has arrived in good shape and we’re pleased we can move on to our next stage of boat development,” said Mark Turner (NZL), boat construction manager.
"The timing is good,” says sailing team coach Glenn Ashby (AUS), “as the team ends this session on a high."
"Everyone has a huge amount of confidence in the boat right now," said Ashby. "The boat is now being sailed the way you'd sail a smaller boat like a Tornado or Extreme 40. We're now winding it up and pushing it hard. We're finding the boat's limitations, rather than the limits of our fear. So now it's a matter of continuing the evolution of the development program to just keep making it faster and faster."
James Spithill (AUS), BMW ORACLE Racing helmsman said, “Today we completed another very good test session. We have some new ideas on how to make this amazing machine even more powerful and responsive over a wider range of conditions.”
Russell Coutts (NZL), BMW ORACLE Racing’s CEO, echoed Spithill’s satisfaction with the latest sea trials, “We are pleased with our progress, and are confident that the yacht will be even faster and more versatile with these modifications.”
Coutts reiterated the commitment to the other challengers that after the Deed of Gift race with Alingi that the next America’s Cup would return to the traditional format adding; “Regardless, we will seek to negotiate with the Defender for a conventional, multi-challenger America’s Cup in monohulls.”
According to BMWO; “in light of the developing situation in the Arabian Gulf region, Ras al-Khaimah
is particularly unsuitable. SNG’s proposed course area is within 17 miles of islands occupied by Iran in a current territorial dispute with the United Arab Emirates, of which Ras al-Khaimahis a member state”
Ras al-Khaimah means ‘the top of the tent’ in Arabic, , it is one of the seven emirates that comprise UAE. In spite of the fact that BMWO principal Larry Ellison is Jewish, no one can be actually quite sure why Ernesto would choose a war zone for an America’s Cup defense except for Ernesto. He has long insisted that SNG being an NH club entitles it to a NH location and racing multihulls on an open ocean course is always an inherently risky business, anytime of year.
“We believe your venue is not Deed compliant because it does not provide “ocean courses, free of headlands”, stated GGYC Commodore Marcus Young. The “headlands” argument is a legitimate one, but with all else relatively minor.
“The GGYC believes that SNG’s choice of this venue without our mutual consent is contrary to the Deed of Gift and the decisions and orders of this court”, said Tom Ehman.
The issue at hand relates to a specific provision in the Deed of Gift relating to when the defending yacht club can host a challenge. As amended in 1985 when the Royal Perth Yacht Club won the ‘Cup in Newport, Rhode Island the Deed states; “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”.
The NYSC ordered that ten month tolling for the next America’s Cup began on May, 8th 2009 and that SNG was to select the venue six months prior to the start of the first race. RAK was chosen for its warm climate and moderate sea conditions, as opposed to Valencia, which in February has more winter-like weather. With the fragile nature of it’s newly constructed high tech composite catamaran Alinghi 5, SNG’s champion clearly was looking for a venue with wind ranges tilting more towards the lighter end of the spectrum.
The problem is that the Deed reads that the races in February cannot be held in the Northern Hemisphere and RAK,UAE is above the equator. In the defenders camp they feel that the language from Judge Herman Cahn, in his court order last year declaring that; “the location of the match shall be Valencia or any other location selected by SNG” gives them the “absolute legitimacy for Ras Al Khaimah to be the venue as per the Order and Judgment of 7 April 2009”.
The Golden Gate Yacht Club feels that Judge Cahn erred in his order and that he allowed Valencia, Spain as a Northern Hemisphere location contrary to the Deed only because he felt at that time there was mutual agreement on that location between the defender and challenger. Judge Cahn overstepped his authority in his interpretation in allowing a Northern Hemisphere site without mutual consent.
The ambiguity in that sentence should allow GGYC to prevail on appeal given the NY Courts track record in trying not to stray to far from its interpretation of the four corners of the Deed of Gift. If anything, given the strict language of the Deed, aside from mutual consent the only plausible Northern Hemisphere location would be the site of SNG’s annual regatta with is in Nice, France.
“The choice of RAK underscores SNG’s abject failure in its responsibilities as Trustee of the America’s Cup,” said Russell Coutts, skipper and CEO of GGYC’s BMW Oracle Racing team. “It seems that the Defender is prepared to go to any lengths to make this America’s Cup a travesty.”

The following was a Q & A from Alinghi when announcing the site location.

Where is Ras al-Khaimah?
Ras al-Khaimah is one of the seven emirates in the United Arab Emirates (UAE); it covers an area of 656 square miles (1,700km2) and borders on Oman, situated in the southern part of the Persian Gulf. The capital city of Ras al-Khaimah is located 45 minutes from Dubai airport and is also served by the Ras al-Khaimah International airport. The 300,000 population is ruled by HH Sheikh Saqr bin Mohammad al-Qasimi. The Deputy Ruler is Crown Prince HH Sheikh Saud Bin Saqr Al Qasimi.
What are the reasons for choosing the UAE and Ras-al-Khaimah?
1. The absolute priority in making the venue decision was the prevailing weather conditions and the resulting
safety they bring to both teams. (Just don’t drive a car in the Emirates. It is considered one of the world’s
most dangerous places to drive a car or to be a pedestrian). ps outside of Boston or Wisconsin that is…
2. The investment and the infrastructure provided was another important reason: a purpose-built island is
being made available for both teams to operate from.
3. The experience and commitment the UAE has in hosting international high-standard sporting, arts and
business activities.
Why this choice over somewhere like Dubai where Alinghi had already trained in 2006/2007?
We looked at the Emirates and many other places but in the end we settled on Ras al-Khaimah because it has a great building sea breeze during the day, similar to Mediterranean conditions in the summer, making it good for these boats and safe for all concerned.

Isn’t it a conflict region?
The UAE is recognized worldwide to be extremely secure; testimony to this is the fact that some of the most important international corporations have business interests and investments in the country, particularly coming from the USA. How will you tackle security concerns? The UAE is among the safest countries in the region, a fact that is acknowledged around the world and Ras al-Khaimah in particular is known for its peace and stability.

How much has Ras al-Khaimah paid SNG to host the 33rd AC?
There is no venue fee.
Why is there no venue fee?
Because the venue is already making a considerable investment in infrastructure.
Does the facility provide for both teams?
Yes it does on a purpose-built America’s Cup Island in Al-Hamra Village near Ras al-Khaimah.
BMW Oracle says that the Deed doesn’t allow a Northern Hemisphere venue in February, other than Valencia, in contradiction to the New York Court order (below). What is Alinghi’s position?
We are confident that the NY Court order of 12 May 2008 allows for a Northern Hemisphere venue in February other than Valencia. Excerpt from 12 May Court order: “[…] ORDERED that the location of the match shall be in Valencia, Spain or any other location selected by SNG, provided SNG notify GGYC in writing not less than six months in advance of the date set for the first challenge match race of the location it has selected for the challenge match races; and it is further […]”
What is the alternative if the court decides against SNG’s choice of a Northern Hemisphere venue other than Valencia?
As ever we will accept the NY Court’s order just as we follow the provisions of the Deed of Gift and will look for an acceptable alternative.
Just when you thought, yeah….what a great place for a regatta, consider this. Jazireh ye Qeshm is the largest island in the Persian Gulf , located in the Straits of Hormuz off the coast of Iran it a baron wasteland devoid of vegetation. History tells us that explorer William Baffin was fatally wounded on Qeshm in 1622 in battle with the Portuguese. In 1988, an Iran Air Airbus was shot down by a United States Navy guided missile cruiser USS Vincennes just 2 miles off the southern coast of the island, resulting in 290 deaths.

Abu Musa, is a small island located on the race course and is part of a territorial dispute between Iran and the United Arab Emirates. Its name is referred to in the ancient maps as the “land of Moses”. In the early seventies, Iran relinquished sovereignty of the island to UAE, but stations revolutionary guard troops there. A decade later, Saddam Hussein thru his turbine in the ring proclaiming that “liberating” the small island was part of his agenda in going to war against Iran.
Officials claim that their Emirate city-state is a safe haven, citing that there are numerous American corporations and business interests in nearby Dubai, including Ellison’s own company; Oracle. But, RAK is no Dubai. Dubai lies 40 miles to the south and a potential race course there does not place it smack dab in the middle of the narrow straits, with a flotilla of Iranian gun ships nearby.
Also thrown into contention is that 2 of the 9/11 terrorist attack were UAE nationals, not to mention the ports controversy 3 years ago when Dubai Ports World attempted to purchase P&O United Kingdom which operated major United States ports of call along the east coast including New York, Philadelphia and Miami. This prompted members of congress from both parties to cry foul and with the threat of a presidential veto the merger was scuttled. Dubai World Ports eventually sold P&O’s American assets to AIG.
Attention. News flash! This just in from the Alinghi press office. “The UAE and specifically Ras Al Khaimah is an extremely safe venue for the America’s Cup. The Emirate of Ras al Khaimah has peaceful and friendly relations with all of its neighbors. The venue and all the visitors to Ras Al Khaimah in the coming weeks and months will be received in a similar friendly, peaceful and security conscious way,” said Dr Khater Massaad, CEO of RAK Investment Authority and Special Advisor to Ras Al Khaimah’s Crown Prince and Deputy Ruler, H.H. Sheikh Saud bin Saqr Al Qasimi.
Massaad went on to say that: “It is quite reasonable to state that security for the America’s Cup would be significant no matter where the event is held and in Ras Al Khaimah this event will receive the same level of importance with full cooperation from the Navy, Coast Guards and the Police services to ensure the safety and well being of all visitors to the Emirate.”
‘This is a fantastic venue for the America’s Cup. It is work in progress, but what has been achieved so far is second to none. It’s an honor and a pleasure to be here and I can’t wait to get sailing,” said Ernesto Bertarelli, Alinghi team president, at a press conference in Al Hamra Village on Saturday. “Some of the things I see from BMW Oracle read like the trailer of a Hollywood movie, do they really think we and the rest of the world ignore the fact that 40% of the world oil traffic goes through the Strait of Hormuz and as many goods are coming in to provide for what is the fastest growing region in the world over the last 10 years?
If the Strait or this area had any security issues, we would know about it. So I say: Come on BMW Oracle, Larry Ellison, Russell Coutts and Tom Ehman; let’s get real and let’s get sailing. Stop inventing things for the sake of it.”
The Swiss defenders of the America's Cup strongly rejected security worries about holding the event in the Middle East for the first time and said Saturday they would be open to racing others in the Gulf if their U.S.-based challenger refuses to come.
The comments by Alinghi team president Ernesto Bertarelli hinted at the possibility that the bitter dispute over the venue — less than 80 miles from the Iranian coastline — could threaten the rare one-on-one competition in February for the oldest trophy in international sports.
Bertarelli said he still hopes to persuade BMW Oracle's owner, software tycoon Larry Ellison, to drop his objections. But it is clear that time is limited.
It took up to six weeks for Alinghi to get its sailing operations in place in Ras al-Khaimah, said Bertarelli, whose team took its catamaran, Alinghi 5, on its first Gulf training sail on Friday. That would mean BMW Oracle would likely need to begin its preparations by late December to be ready for the scheduled first race on Feb. 8. A hearing on the New York lawsuit is scheduled for Oct. 27.
“We can't force the Americans to show up if they don't want to show up,' Bertarelli told The Associated Press. He said there is no option to postpone the race and Alinghi would be open to racing another team if BMW Oracle refuses to come and is ruled as a forfeit by the America's Cup overseers.
“A delay is off the table. We have a commitment here with the country,” he said. 'We're ready to race in February.” He added that there are other teams that could be willing to step in for BMW Oracle, which had the right to ask for a one-on-one match under America's Cup rules. “All of these other teams I'm sure would be happy to join us here in Ras al-Khaimah,” he said. “I think we should open it up to other teams.” Bertarelli said the U.S. team was coming up with 'horror stories' that have no bearing in fact.
He noted that the United Arab Emirates hosts some of the world's premier sporting events — including an inaugural Formula 1 race in Abu Dhabi on Nov. 1 — and that bringing the America's Cup to the Gulf will generate more international interest in sailing. “Do (BMW Oracle) really think we are children?' Bertarelli told a news conference. “Come on. Let's get real and let's get sailing and stop inventing stuff,' he said.
”I think perhaps if we want friendship and dialogue between nations, one cannot only just send aircraft and soldiers. They have to send sportsmen,” he said. 'That's exactly what we are doing here.”
This has got to have all the earmarks of Armageddon and in the end who would have thought the Apocalypse could be sparked by a yacht race?

The eighth circle. Fraud
The 32nd America’s Cup 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.
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.”
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.
“ It is because of our vigilance that we – and not a make-believe yacht club – are now the Challenger of Record. There continue to be serious issues with the way Société Nautique de Genève is conducting their stewardship as Trustee of the oldest trophy in sports, and the way Alinghi have mounted their defense of the America’s Cup – from Day 1 when they tried to issue rules that were widely condemned as “the worst … in the history of the America’s Cup” to their recent issuance of measurement regulations that would disqualify our boat if left to stand,” said Tom Ehman.
Ehman continued, “That is why attorney David Boies and his firm Boies, Schiller & Flexner LLP have joined with our current legal team – to protect our competitive interests, the interests of sailing, and of the Cup itself.”

The ninth circle Treason
NYYC should revoke charitable trust, now. The club’s chairman of the America’s Cup Committee George Carmany lll entered the fray last year stating; that he “hoped our discussions will lead to agreements that will benefit all members of the broader America’s Cup community”.
The club appears to be duplicitous in its actions at least and if it wants to get evolved, it should have the onions to challenge the Swiss in the regatta. What does the club’s chairman do these days anyway; host luncheons?
The crux of BMW’s argument against the new protocol was that the defenders were running the challenger series, in addition to being able to participate in them. According to SNG/Alinghi the major problem in a billionaire dominated America’s Cup cycle was that the defender would lack the resources to simultaneously conduct a defense and prepare a host port city.

From the GGYC Website comes their latest barrage in an arsenal of defense for the 'Auld Mug.
"Reckless and repeated disregard in its stewardship of the America’s Cup by the Société Nautique de Geneve (SNG) has prompted the Golden Gate Yacht Club (GGYC) to ask the New York Supreme Court to remove the Swiss yacht club from its position as Trustee in a Breach of Fiduciary Duty."
"In its place, GGYC – the Challenger of Record the 33rd America’s Cup - has requested the Court to appoint a faithful, fit and proper substitute to oversee the next Match to be sailed in 2010, starting 8 February. A new Trustee would provide equitable terms for both competitors, something SNG has denied GGYC by its orchestration and manipulation of the rules and processes designed to ensure that the defending sailing team, Alinghi, can not lose."
"GGYC, and its sailing team, BMW ORACLE Racing, remain committed to sailing the Match on the dates in February 2010 set by the Court. There is no desire by this action to change Alinghi’s role as SNG’s sailing team and defender."
Foremost among a catalogue of failures of SNG and listed in a Breach of Fiduciary Duty complaint are:
• Offering the America’s Cup hosting rights in order to extract secret commercial deals
• Repeated attempts to seize control of the rules and officiating processes to ensure that Alinghi can not lose
• Moves to disqualify GGYC’s yacht despite assurances to the New York Supreme Court that this would not happen
• Selecting Ras Al Khaimah for the 33rd Cup to further its own business interests whilst exposing GGYC to unnecessary danger.
“Winning the Cup brings not just honor and pride, but responsibilities too. The honor may have gone, but the responsibilities remain,” said Russell Coutts, Skipper and Chief Executive of GGYC’s challenging team, BMW ORACLE Racing.
“The America’s Cup is meant to be hard to win, not impossible to lose,” added Coutts.
"The complaint also states that the America’s Cup was used as a powerful bargaining chip to extract enormous commercial benefits through secret and complex side deals in selecting Valencia and Ras Al Khaimah as host venues for the 32nd and 33rd Matches."
"It is clear that entities associated with Ernesto Bertarelli leveraged the America’s Cup for gain. “SNG says it has the right to change the rules for the America’s Cup races at any time and select all the umpires. It’s like letting the Phillies change the rules for the World Series after it starts and select all the umpires,” said David Boies, chairman of Boies, Schiller & Flexner.
“Basic fairness and sportsmanship require that a contest be played with set rules and judged by umpires free of interference. The Courts have already had to stop SNG from negotiating unfair rules with a sham competitor orchestrated by SNG. We hope that SNG will now abandon its efforts to win with rule manipulations and back-room deals. Let the best boat win on the water,” added Boies. GGYC is also contesting SNG’s choice of Ras Al Khaimah in a separate case before the New York Supreme Court because it is in direct contravention of the Deed of Gift’s clear stipulation that the Cup can only be sailed in the Northern Hemisphere between 1 May and 1 November. Nevertheless as Trustee, and in breach of its duty, SNG did not consult GGYC at any stage in selecting Ras Al Khaimah."
"Ernesto Bertarelli has taken advantage of the Cup holder’s inherent competitive balance in the Deed of Gift to absurd and obscene levels. By his actions on land he has tried to make sure that he can not be beaten on the water,” commented Bill Koch, whose America3 team was the successful defender of the America’s Cup in 1992. Italy’s Vincenzo Onorato, a three-time challenger, said of Alinghi’s proposed rules for the next Cup: “This is the most unsporting document ever done.” The America’s Cup has prospered for 158 years, despite the American Civil War, two World Wars and several economic depressions.
"The oldest international trophy in sport is now in peril because of the selfish and self-serving acts of the Swiss yacht club, its representative sailing team Alinghi, America’s Cup Management (both controlled by Ernesto Bertarelli) and other affiliates."

Heaven or the End or is it all the same? It has been posited (to put forward as a truth) that the right to act as trustee of the America's Cup should be decided on the water and not in a courtroom. We wholeheartedly agree. It falls now to SNG and GGYC to work together to maintain this noble sailing tradition as "a perpetual Challenge Cup for friendly competition between foreign countries"
Justice Carmen Ciparik, writing on behalf of a unanimous New York Court of Appeals, April 2, 2009
The next America's Cup should be in 2011.
1] Agree on the issue of the Version 6, or the AC 33 or 90 monohull.
2] Put on a financial cap of 100 million dollars per team with a rebate kicker back to the lesser funded teams if
the cap is exceeded.
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.
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 in New York City there will be plenty of ambulances
for all these attorneys to chase.
Story Mark Wharton Reid

Wow, It's a Tri!

2008-09-22T12:39:00.000-07:00

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!

I'm "Having" a Conniption...revisted

2008-09-02T18:38:00.000-07:00

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?

2008-08-24T09:27:00.000-07:00

USA From BMW Oracle

2008-08-22T11:48:00.000-07:00

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 !!!

2008-08-22T11:39:00.000-07:00

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

BMW Oracle's Day

2008-08-03T00:35:00.000-07:00

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.

Day One, I-Shares Cup. Cowes, England

2008-08-02T14:10:00.000-07:00

(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.

From Alinghi

2008-08-01T21:46:00.001-07:00

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.

BMW Oracle and Alinghi Square Off in I Shares Cup.

2008-08-01T13:51:00.000-07:00

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

BMW ORACLE APPEALS!

2008-08-01T13:49:00.000-07:00

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.

I'm "having" a Conniption!

2008-08-01T13:33:00.000-07:00

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.

.

For the Love of Mackinac!

2008-07-17T07:58:00.000-07:00

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.

TIMELINE

2008-06-03T09:00:00.000-07:00

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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its happening again.....
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From BMW Oracle
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No News is.... No News.
From Alinghi
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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

Double Talk?

2007-12-04T11:40:00.000-08:00

The new challenger of record, BMW Oracle appears to want to have it both ways, or all ways. In trying to placate Valencia or maybe fearful of a law suit, Russell Coutts indicates that they would be willing to commit to a Valencia defense in 2011 for AC 34. This would seem to indicate that BMW Oracle is looking to challenge for the 'Cup in a multi-hull next year and try to bring the challengers onboard win or lose for a full scale America's Cup in 2011.
It would be nice if at some point BMW Oracle would try to work on generating some enthusiasm here in the United States for the America's Cup. Possibly enlisting supporting yacht clubs and conducting some regattas in Newport, Florida, Chicago and California with 2 of its ACC boats.
Having been involved in the America Cup activities covering USA in 1984-86, I can't emphasize enough the fact that San Francisco Bay would provide the most spectacular setting for the America's Cup in history. Not to mention that the Golden Gate Yacht Club would certainly want to host the event. Afterall they would be the custodians of the "Trust". Anyway, isn't this the trouble that Dennis Conner got into in 1987 when his syndicate wanted to host races in Hawaii as opposed to San Diego, which prompted Michael Fay's challenge for the 'Cup.
To make a long story short, the challengers are onboard for 2009, and legally the contracts seem to be in place to hold the event there. So lets drop the double talk.

Whats Next?

2007-12-03T10:49:00.000-08:00

Whats next?

We have had a week now since the verdict. It is not surprising that there has been silence from the Alinghi camp. It is important for them to study all options, before moving forward. Hopefully, with the conscensious of the challengers we will have 'Cup racing in 2009. It would seem with the Judge Cahn's verdict and Team New Zealand's contract, that would be the case. But, more and more I am thinking cats for next year. With each passing day it seems more and more likely.

Mission Statement

2007-12-03T10:30:00.000-08:00

Pardon our dust. America's Cup Update is an ongoing passion for the sport that has held sway over me for the last 30 years. My hopes for the site is create an archival database for all you 'Cup lovers to visit...and your out there! My own experience comes from my coverage of the sport in the 1980's with 12-Meter Update and Longitude 122. I am a bit of a pack rat and I have over 30 boxes of collected materials and information on the America's Cup. I have also collected magazines on the subject since 1958, also my birthdate and have pretty much every issue of Yachting, Sail, Sailing, Sailing World, Seahorse, Yachting World etc etc since.
What you will see from this site is an ongoing commentary and hopefully an open forum for discussion.
Anyway, enjoy if you find us and if so pass the word.
Mark Reid