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[Source: Alinghi] America’s Cup challengers Team French Spirit and Team Shosholoza presented an additional Amicus Curiae brief on 2 January 2009 countering a number of incorrect statements made in a recent New York Yacht Club brief submitted to the New York Court of Appeals.
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
The “American barrage” of amicus briefs, filed in support of GGYC’s position, continues unabated. After the New York Yacht Club and the San Diego Yacht Club it was Bill Koch’s turn to file one, right on the first day of the year.
The arguments Koch’s lawyers use in order to discredit the CNEV are practically the same to the ones in the other two briefs, but Koch gives much more emphasis on the financial part of the America’s Cup. He argues that a one-sided event with all the cards stacked against the challengers will considerably diminish public interest, creating a vicious circle. The less public interest there is, the less sponsorship money will be available for challengers, making it even harder to mount a serious campaign. As a result, according to Koch, “the world’s oldest and prestigious international trophy sport will die”.
Bill Koch won the 1992 America’s Cup with America3after defeating “Il Moro di Venezia” four to one. He was inducted into the America’s Cup Hall of Fame in 1993.
According to Wikipedia, William Ingraham Koch is the son of Fred C. Koch, founder of Koch Industries, a business empire based on oil refining that became the largest privately owned company in America. Bill worked in the company but eventually sold his share to his brothers, Charles and David, after a long legal battle.
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
[Source: San Diego Yacht Club] The San Diego Yacht Club and the San Diego Yacht Club Sailing Foundation jointly filed an Amicus-Curiae Brief (friend of the court) to the New York Court of Appeals on December 31, 2008.
As many members know, the fate of America’s Cup is currently in the hands of the New York Court of Appeals. The final hearing will be held in that Court on February 10, 2009 with a decision expected in late March 2009 or early April 2009.
Given San Diego Yacht Club’s prior involvement in the America’s Cup as a former Trustee and defender of the America’s Cup races held off of the coast of San Diego during 1992 and 1995, the San Diego Yacht Club Board of Director’s and the San Diego Yacht Club Sailing Foundation felt compelled to provide written evidence to the court in support of Golden Gate Yacht Club’s position relative to the definition of an “organized” yacht club as described in the America’s Cup Deed of Gift and, therefore, the necessary qualifications required for a yacht club to be accepted as a Challenger of Record.
San Diego Yacht Club’s and San Diego Yacht Club Sailing Foundation’s position is supported by the New York Yacht Club who also filed a separate Amicus-Curiae Brief to the New York Court of Appeals on the very same day.
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
[Source: America’s Cup Management] Following discussions and agreements between the Defender, the Challenger of Record and the entered challengers in recent Competitor Meetings in Geneva, an amended version of the 33rd America’s Cup Protocol has been published today.
ACM has published two different documents. The first one is the final, clean version of the Protocol while the second one contains comments on the amendments and modifications made.
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
[Source: Alinghi] AC Management today announced the entry list for the 33rd America’s Cup that includes 19 teams, eight of which are new entries. All of the 32nd America’s Cup challengers have re-entered, bar one.
Aside from the Defender, Alinghi and the Challenger of Record, Desafío Español, a total of 21 teams presented a Notice of Entry and 17 were accepted. Three of the entered teams are pending minor details towards their official registration and have been granted an extension until January 15. Three other teams were denied entry as no further documentation beyond the Notice of Entry was received by the December 15 entry deadline. Carbon Challenge has withdrawn.
The teams have been working together over the past few months at regular Competitor Meetings to amend the 33rd America’s Cup Protocol and to design the new class rule; this process is ongoing and will continue into the New Year with further meetings planned and a publication date for the class rule scheduled for the end of January.
The 33rd America’s Cup schedule is for two pre-regattas in Valencia in 2009, the first in July and the second in October, plus the Club Náutico Español de Vela annual regatta in November, followed by an America’s Cup Match in 2010.
Brad Butterworth, Alinghi team skipper, comments on a very exciting fleet: “Having 19 teams from 12 countries entered for the 33rd America’s Cup is a clear expression of the huge worldwide interest in the competition. It’s fantastic to see such an international fleet with newcomers such as Russia. It is also significant that all but one of the teams from the previous edition have entered again. We will continue to work together with these challengers to make the 33rd America’s Cup a success, regardless of BMW Oracle’s decision to pursue their legal strategy to eliminate all challengers and force their way into an America’s Cup Match, something they have never achieved on the water.”
33rd America’s Cup teams (in order of entry):
1. Alinghi, Société Nautique de Genève (SUI) – Defender
2. Desafío Español, Club Náutico Español de Vela (ESP) – Challenger of Record
3. Shosholoza, Royal Cape Yacht Club (RSA)
4. TeamOrigin, Royal Thames Yacht Club (GBR)
5. Team New Zealand, Royal New Zealand Yacht Squadron (NZL)
6. DCYC, Deutscher Challenger Yacht Club (GER)
7. Green Comm Challenge, Circolo di Vela Gargano (ITA)
8. Ayre Challenge, Real Club Náutico de Dénia (ESP)
9. Victory Challenge, Gamla Stans Yacht Skallskap (SWE)
10. Argo Challenge, Club Nautico Gaeta (ITA)
11. Mascalzone Latino, Reale Yacht Club Canottieri Savoia (ITA)
12. Team French Spirit, Yacht Club de St Tropez (FRA)
13. Luna Rossa, Yacht Club Punta Ala (ITA)
14. Russia Team - Fiona, Yacht Club Seven Feet (RUS)
15. Joe Fly, Società Canottieri Lecco (ITA)
16. K-Challenge, Cercle de la Voile de Paris (FRA)
17. Greek Challenge, N.O.K. Poseidon - Nautical Club of Kalamata (GRC)
18. Dabliu Sail Project (ITA)
19. China Team, Qingdao International Yacht Club (CHN)
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
[Source: Alinghi] AC Management today announced the entry list for the 33rd America’s Cup that includes 19 teams, eight of which are new entries. All of the 32nd America’s Cup challengers have re-entered, bar one.
Aside from the Defender, Alinghi and the Challenger of Record, DesafÃo Español, a total of 21 teams presented a Notice of Entry and 17 were accepted. Three of the entered teams are pending minor details towards their official registration and have been granted an extension until January 15. Three other teams were denied entry as no further documentation beyond the Notice of Entry was received by the December 15 entry deadline. Carbon Challenge has withdrawn.
Video motion of the 33rd America’s Cup entry list. Valencia, 18 December 2008. Video copyright Alinghi
The teams have been working together over the past few months at regular Competitor Meetings to amend the 33rd America’s Cup Protocol and to design the new class rule; this process is ongoing and will continue into the New Year with further meetings planned and a publication date for the class rule scheduled for the end of January.
The 33rd America’s Cup schedule is for two pre-regattas in Valencia in 2009, the first in July and the second in October, plus the Club Náutico Español de Vela annual regatta in November, followed by an America’s Cup Match in 2010.
Brad Butterworth, Alinghi team skipper, comments on a very exciting fleet: “Having 19 teams from 12 countries entered for the 33rd America’s Cup is a clear expression of the huge worldwide interest in the competition. It’s fantastic to see such an international fleet with newcomers such as Russia. It is also significant that all but one of the teams from the previous edition have entered again. We will continue to work together with these challengers to make the 33rd America’s Cup a success, regardless of BMW Oracle’s decision to pursue their legal strategy to eliminate all challengers and force their way into an America’s Cup Match, something they have never achieved on the water.â€
33rd America’s Cup teams (in order of entry):
1. Alinghi, Société Nautique de Genève (SUI) – Defender
2. DesafÃo Español, Club Náutico Español de Vela (ESP) – Challenger of Record
3. Shosholoza, Royal Cape Yacht Club (RSA)
4. TeamOrigin, Royal Thames Yacht Club (GBR)
5. Team New Zealand, Royal New Zealand Yacht Squadron (NZL)
6. DCYC, Deutscher Challenger Yacht Club (GER)
7. Green Comm Challenge, Circolo di Vela Gargano (ITA)
8. Ayre Challenge, Real Club Náutico de Dénia (ESP)
9. Victory Challenge, Gamla Stans Yacht Skallskap (SWE)
10. Argo Challenge, Club Nautico Gaeta (ITA)
11. Mascalzone Latino, Reale Yacht Club Canottieri Savoia (ITA)
12. Team French Spirit, Yacht Club de St Tropez (FRA)
13. Luna Rossa, Yacht Club Punta Ala (ITA)
14. Russia Team - Fiona, Yacht Club Seven Feet (RUS)
15. Joe Fly, Società Canottieri Lecco (ITA)
16. K-Challenge, Cercle de la Voile de Paris (FRA)
17. Greek Challenge, N.O.K. Poseidon - Nautical Club of Kalamata (GRC)
18. Dabliu Sail Project (ITA)
19. China Team, Qingdao International Yacht Club (CHN)
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
[Source: Team Carbon Challenge] Team Carbon Challenge, which submitted a challenge for the 33rd America’s Cup on December 14th 2007 through the Royal Belgium Sailing Club (RBSC), has today decided not to continue with participation in the 33rd America’s Cup.
This decision was taken in agreement with the RBSC after evaluation of the latest legal developments regarding the 33rd America’s Cup.
Instead of investing further in maintaining a position as a challenger for several more months in uncertainty about whether the 33rd America’s Cup will be organized as a multi-challenger event or sailed in a “Deed of Gift” format, the Carbon Challenge board has decided to fully focus its efforts on developing its climate change management training academy and surrounding activities. Carbon Challenge hopes to remain active in the America’s Cup community and will, through not-for-profit foundation Carbon Challenge Academy, continue to offer its expertise and resources to the America’s Cup family in its pursuit of sustainability-related goals.
At the time of lodging its challenge, Carbon Challenge was not in total agreement with the wording of certain clauses in the protocol originally put forward by by SNG and CNEV, but was never in any doubt as to the sincerity of the defender’s commitment to a fair event. Carbon Challenge feels that all disputes about the protocol and other regulations for the 33rd America’s Cup can be resolved through constructive discussions among sports teams. Participation in the recent competitors’ meetings has proven that to be possible. In these meetings, both SNG and CNEV have demonstrated their earnest resolve to agree to protocol changes that put beyond any doubt that their intention is to provide an event of high quality in which the best sports team will win.
Carbon Challenge’s withdrawal is a direct consequence of GGYC’s decision to continue its legal actions which have placed the 33rd America’s Cup on hold for almost 18 months.
Carbon Challenge sincerely hopes that the America’s Cup will be back on the water soon as a multi-challenger regatta to avoid further damage to the world’s oldest international sports trophy and most prestigious sailing regatta.
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
We just got back from a quite interesting presentation at the BMW Oracle where Tom Ehman, GGYC’s spokesperson, and Manolo Ruiz Elvira, member of the design group, talked to the local Valencian press, conveying the team’s message.
We will have an exhaustive report later on, but the main points of the presentation/talk given by the two men were the following:
- BMW Oracle think they will win the court case.
- Losing the court case will mean “the end of the Cup as we know it”.
- Larry Ellison and Russell Coutts are not happy at all with the city of Valencia, especially after it decided to present an amicus brief last month. Nevertheless, they haven’t withdrawn their commitment to holding a conventional America’s Cup here.
- If they win the court case they will bring the BMW Oracle trimaran in Valencia next summer in order to train.
- They expect a court decision by the end of March. Most probably the judges will set the date 10 months from that moment, allowing Alinghi to choose any venue (upholding Justice Cahn’s order) with the obligation to make it public 6 months before the match.
- Even if they win the court case, they will still try to agree to a conventional regatta with multiple challengers in Valencia, “as soon as possible”. According to Ehman, Brad Butterworth has repeatedly stated that Alinghi will only consider a one-on-one match if BMW Oracle wins.
Tom Ehman and Manolo Ruiz Elvira talk to the Valencia TV. Valencia, 17 December 2008. Photo copyright Pierre Orphanidis
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
[Source: Alinghi] Challengers entered in the 33rd America’s Cup continue to work with the Defender Alinghi and the Spanish Challenger of Record towards a Match in Valencia as soon as possible, in either 2010 or 2011. The Protocol for the 33rd America’s Cup is being amended and is expected to be published next week and teams have agreed on three AC events in Valencia in 2009 regardless of BMW Oracle’s ongoing appeal in New York…
Representatives of the entered teams (16 registered and four undergoing the administrative entry process) gathered in Geneva today for a further Competitor Meeting hosted by the America’s Cup Defender, Alinghi.
Order of the day was the Protocol, the event governing document, and after further discussions the amendments were agreed in principle and the updated version is expected to be published next week.
Teams will continue the planning sessions despite the pending BMW Oracle appeal and will join in defining the Competition Regulations, the Event Regulations and the new Class Rule. The latter is on track to be issued on 31 January 2009.
It was decided that racing be guaranteed next year with three America’s Cup Class Version 5.0 regattas confirmed: one in July and another in October organised by AC Management, followed by the Club Náutico Español de Vela annual regatta organised by the Spanish Challenger of Record.
The meeting – the last before the entry deadline on Monday 15 December – concluded with a joint message from the 33rd America’s Cup teams: “We disagree with BMW Oracle’s legal strategy and still hope that they will choose to enter the 33rd America’s Cup before Monday’s deadline. Nevertheless, we have to continue working towards a multi-challenge event. The challengers are satisfied with the existing process with the Defender, the Protocol has been discussed at length and amended with the agreement of entered competitors and we are looking forward to getting back on the water and racing next summer.”
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
It appears, according to reliable information, that 16 teams have officially entered the 33rd America’s Cup. In addition to Alinghi and the 12 challengers that were officially known until yesterday, Luna Rossa is now officially entered, something that was rumored since a couple of days. Nonetheless, there is yet another Italian team as well as a Russian entry, bringing the total to 16.
Most probably another 4 teams will officially enter on Monday, resulting in a crowd of 20. Obviously, inscription doesn’t mean acceptance and the final tally might be smaller in a couple of months.
The first sketchy details about a possible 2009 racing calendar calls for one Act (or pre-regatta or whatever it will be called) from the 10th till the 19th of July, 2009, and another one in October, always in Valencia.
The last meeting between Alinghi and the rest of teams in Geneva is taking place right now and the first official information will be available as soon as it’s over.
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
[Source: Alinghi] Alinghi statement regarding BMW Oracle’s decision not to enter the 33rd America’s Cup and to pursue its legal strategy
Yesterday’s announcement by BMW Oracle and Golden Gate Yacht Club is not a surprise as they have never shown any interest in joining the competition alongside the 14 teams, currently officially entered. Instead, at every turn, they have chosen to insist on pursuing their selfish legal strategy.
Their latest letter shows a tremendous arrogance and lack of respect for the teams involved in the process of working with Société Nautique de Genève (SNG) and Alinghi to organise the 33rd America’s Cup. Despite never making it to the final rounds of the competition, BMW Oracle disregards the importance and competence of TeamOrigin, a British team representing the country that first created the competition in 1851; Team New Zealand, a two time winner of the America’s Cup; Desafío Español, whose country hosted the successful 32nd America’s Cup in Valencia; plus a winner of the Louis Vuitton Cup and a dozen other teams from around the world.
While it’s disappointing that BMW Oracle has chosen to proceed with the legal route instead of joining the collective process, SNG and Alinghi are committed to working with all these entered teams to organise a multi-challenge event while waiting for the final ruling from the Court of Appeals.
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
GOLDEN GATE YACHT CLUB WILL NOT SUBMIT ENTRY TO SNG REGATTA
- Does Not Consider It “A Legitimate America’s Cup”
- Will focus on winning America’s Cup Case before the New York State Court of Appeals
San Francisco, CA – Dec. 8, 2008 – Golden Gate Yacht Club (GGYC) today released a letter from its Commodore, Marcus Young, to Pierre-Yves Firmenich, the Commodore of Société Nautique de Genève (SNG), officially informing him that GGYC and the BMW ORACLE Racing team will not submit an entry for the regatta being organized by SNG.
The full text of Commodore Young’s letter is below.
—————————————————————————–
December 8, 2008
Pierre-Yves Firmenich
Commodore
Société Nautique de Genève
Port Noir
CH-1223 Cologny
Switzerland
Dear Commodore Firmenich,
This is to officially inform you that the Golden Gate Yacht Club and the BMW ORACLE Racing team will not submit an entry by December 15 for the regatta that SNG is organizing, which we do not consider a legitimate America’s Cup.
Rather, we will now focus our efforts and attention on winning our appeal before the New York State Court of Appeals – clearly the only avenue left open to create a fair and competitive challenge that preserves the integrity, prestige and tradition of yacht racing’s pinnacle event in keeping with terms of the America’s Cup Deed of Gift.
As you know, the Court has set a date of February 10 for oral arguments and is expected to rule on our appeal by the end of March. Given the stakes involved for the future of the America’s Cup, we do not believe a few more months represent an unreasonable delay.
In fact, we find it quite odd that SNG has set an arbitrary registration deadline of December 15 in light of the fact that a Court decision is so close. Indeed, the timing of your whole revived ―preparations‖ for the regatta – initiated immediately after GGYC filed its opening brief in this Court – is only a transparently blatant attempt to influence the Court. Even so, we were willing to consider entering the event if SNG had given us an opportunity to review the Protocol and compare it against the Ten Point Plan we had proposed to achieve fair rules. Regrettably, SNG did not accede to this reasonable request.
Over the past 17 months, we have made a number of constructive suggestions to resolve the dispute outside of court and get the America’s Cup back on track. Yet SNG and your defense apparatus have consistently refused to negotiate with us in good faith. Instead:
- SNG created a sham yacht club to self deal and write your own rules for AC33, which were immediately condemned by seven yacht clubs as “the worst text in the history of the America’s Cup.”
- SNG submitted a secret application to your hand-picked arbitrators to rubber-stamp your sham challenger of record and eliminate GGYC – a serious, independent competitor with the experience and capability to mount a worthy challenge.
- Before the trial court decision in November 2007, SNG unilaterally cancelled the 2009 America’s Cup and Team New Zealand sued you for it.
- When we won the November 2007 decision in the trial court, SNG refused to negotiate a mutual consent, multi-challenger America’s Cup in monohulls that would have put the Cup back on track for a 2009 event.
SNG’s defense apparatus has a track record of excluding top competitors from sailing events when they pose a real threat. Moreover, your recently revived “preparations” process has not been conducive to attracting a strong field of competitors. We have been excluded from the recent meetings, as has any challenger that declined to sign your non-negotiable nondisclosure agreement, thus creating a conspiracy of silence around a rules meeting of America’s Cup competitors unprecedented in Cup history. This is not the inclusive, open, transparent and democratic process required to develop a Protocol that will ensure the full participation of major teams in a fair and competitive America’s Cup.
SNG’s defense apparatus has tried to convey the false impression that you have relented on some of the more outrageous aspects of the current Protocol. But as far as we know, you continue to insist on such patently unfair privileges as the right to change any of the rules at any time, and to compete against the challengers in most of the challenger selection series races with no scoring consequences to SNG.
Why should we blindly enter the event when SNG and your America’s Cup team have proven so untrustworthy and fearful of fair competition?
As we’ve said before, if we prevail in court as we expect, as Challenger of Record we will once again seek to reach agreement with you on a traditional multi-challenger regatta with fair rules like those that made AC 32 one of the best, most exciting in history.
As our latest Court papers state, ―[T]he America’s Cup is special—indeed, it is unique in the sporting world—precisely because it is … a Challenge Cup, begun anew each cycle when an independent and experienced yacht club claims the right to put the Cup’s current holder to the test on whatever terms can be negotiated between relative equals—or under the Deed’s default match race terms if negotiations fail… A qualified, strong, and independent Challenger of Record is essential to the basic structure of the competition that the Deed envisions.”
SNG and CNEV are entitled to hold a different kind of sailing regatta if you choose. But without several top competitors and major sponsors, without fair rules, without any regard for 157 years of America’s Cup tradition, and, most importantly, with your Club’s continuing reckless disregard for the Deed of Gift, it won’t be an America’s Cup. It will simply be an Alinghi Cup, and we see no good reason to participate.
Sincerely,
GOLDEN GATE YACHT CLUB
Marcus Young
Commodore
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
The following are verbatim excerpts from today’s 26-page brief illustrating SNG’s and CNEV’s disregard for the facts in their arguments to the Court:
Why GGYC Brought This Action (pp. 1‐2):
“GGYC initiated this litigation to hold SNG to the terms of the Deed, after SNG and CNEV ‘agreed’ to a Protocol so one‐sided that it was swiftly denounced by six teams from the 32nd America’s Cup and prompted Louis Vuitton to abandon its long‐time sponsorship of the event. GGYC has repeatedly emphasized that it wants a multi‐challenger event, in conventional monohulled yachts, governed by evenhanded rules like the ones that produced the highly successful 32nd America’s Cup.”
What the Deed of Gift Requires (pp. 1, 14):
“The Deed of Gift creates eligibility criteria obviously designed to ensure that the Challenger of Record is independent of the Defender and is already capable and experienced enough to mount a challenge worthy of the pinnacle event in sailing. The Deed clearly requires that the Challenger of Record must be an ‘organized Yacht Club,’ not a paper entity, and that it must have held an ‘annual regatta’ on an ocean course.
“If SNG and CNEV prevail, then the ‘organized Yacht Club’ condition in the Deed means nothing at all. CNEV does not even deny that it is a shell entity—an alter ego for the sailing federation RFEV that is admittedly not a yacht club. CNEV is not an organized yacht club: it has no members beyond its small board of directors, no boats, no facility, and no telephone number. SNG’s racing team’s own general counsel concedes that CNEV is a ‘paper club.’ SNG and CNEV also concede that CNEV had never held a regatta before its challenge was accepted. CNEV was not even formed until a few days before that challenge.”
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
“Even CNEV does not agree with SNG’s radical interpretation of the Deed. Its brief admits that the ‘organized Yacht Club’ and ‘incorporated’ conditions are ‘requirements of the Deed’ that must be satisfied at the time of challenge.”
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
ACM – America’s Cup Management
For the attention of Ana Gilrobles
cc Brad Butterworth
and
cc Lucien Masmejan
RYCCS – Mascalzone Latino – AC 33 registration
Reale Yacht Club Canottieri Savoia and Mascalzone Latino asked me to reply to your recent e-mails in which you have requested further documents concerning the establishment of the Yacht Club (Certification of Incorporation, Trade Association registry act, affiliation to Federazione Italiana Vela) in order to “validate” their challenge Entry.
This request , which is made more then a year later from the registration to the America’s Cup 33rd , is illegitimate and arbitrary.
RYCCS and the team have fulfilled the requirements to entry into 33rd America’s Cup since November 20th ,2007. This included the “notarized and certified” copy of Yacht Club incorporation, the by laws , and documents concerning its regattas, as required by the Notice of Entry. In addition, we remind you that this challenge is among the few that has paid the entry fee accompanying the Notice of Entry (It has been in fact public that some of the other teams entered in 2007 were relieved from paying such fee).
Further it is public knowledge that Reale Yacht Club Canottieri Savoia is amongst the most well known and active yacht clubs nationally and internationally, organizer of prestigious regattas and with two America’s Cup participations, as you are well aware. This Yacht Club has its origin back into 1893 with more then a century’s history.
RYCCS is a duly registered 33rd America’s Cup challenge, as also recognised by a number of correspondence from ACM and Alinghi team. Now the team is also, finally, listed in the America’s Cup web site. RYCCS/Mascalzone Latino is among the 33rd America’s Cup accepted challengers, only subject, as well as the others, to the outcome of the New York State Court of Appeals’ decision.
There is no basis for a “validation” procedure , which is not even set forth within the current rules. It is therefore groundless and discriminatory to enquire for further documentation of a Yacht Club which is well established and operative.
In addition this enquiry is unduly delaying the procedure for obtaining the fiscal benefits by the Spanish authority, in accordance with the Royal Decree n°1893/2008, which procedure could only be completed by receiving a letter from you certifying the challenge registration.
We trust that the position of RYCCS is clarified and please forward us the due letter of registration which the Spanish Authorities are requiring.
Best regards
Alessandra Pandarese
General Counsel
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
According to Coutts, his team is “eager” to join the rest of Challengers and has made “genuinely constructive suggestions and concessions” towards that goal. Nothing new there and this wording, or similar, has been part of various releases or statements form the American team.
What is different this time though, is Coutts’ statement they are “willing to consider entering the competition by December 15″, the deadline set by Alinghi, even if they consider it “totaly arbitrary”.
Not being an official challenger, BMW Oracle has never been present in the meetings between Alinghi and the rest of challengers, has no access to any of the documents that are being drafted there and as a result lacks the ability to judge up to what point the recent modifications meet their concerns.
That’s exactly the point where the team from San Francisco makes its explicit demand. Coutts asks AYRE to arrange to have the Defender send BMW Oracle the “current drafts of the protocol, event regulations and competition regulations” by next Monday, 8 December. That will give BMW Oracle one week to study and review the documents, comparing them to their 10-point Plan, in order to determine their “course of action”.
If these documents are not provided or if BMW Oracle judges the modifications made insufficient, they will any effort to resolve the dispute and wait for the NY State Court of Appeals to decide. Coutts expects they will prevail in their lawsuit, with the final decision made public “early next year”.
Aware of the “stakes involved in preserving the integrity” of the America’s Cup, BMW Oracle will not seek a one-on-one race against Alinghi but will work towards a conventional multi-challenger event with “fair rules” in 2010.
The ball is now on AYRE’s, and most importantly, Alinghi’s camp.
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
According to Coutts, his team is “eager” to join the rest of Challengers and has made “genuinely constructive suggestions and concessions” towards that goal. Nothing new there and this wording, or similar, has been part of various releases or statements form the American team.
What is different this time though, is Coutts’ statement they are “willing to consider entering the competition by December 15″, the deadline set by Alinghi, even if they consider it “totaly arbitrary”.
Not being an official challenger, BMW Oracle has never been present in the meetings between Alinghi and the rest of challengers, has no access to any of the documents that are being drafted there and as a result lacks the ability to judge up to what point the recent modifications meet their concerns.
That’s exactly the point where the team from San Francisco makes its explicit demand. Coutts asks AYRE to arrange to have the Defender send BMW Oracle the “current drafts of the protocol, event regulations and competition regulations” by next Monday, 8 December. That will give BMW Oracle one week to study and review the documents, comparing them to their 10-point Plan, in order to determine their “course of action”.
If these documents are not provided or if BMW Oracle judges the modifications made insufficient, they will any effort to resolve the dispute and wait for the NY State Court of Appeals to decide. Coutts expects they will prevail in their lawsuit, with the final decision made public “early next year”.
Aware of the “stakes involved in preserving the integrity” of the America’s Cup, BMW Oracle will not seek a one-on-one race against Alinghi but will work towards a conventional multi-challenger event with “fair rules” in 2010.
The ball is now on AYRE’s, and most importantly, Alinghi’s court.
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
The Spanish news agency EFE reported this Wednesday that Valencia’s mayoress, Rita Barberá, stated she was ready to close a deal for the 33rd America’s Cup. This is of course excellent news for Valencia Sailing but such kind of statements should be taken with a pinch of salt. Ms Barberá might have all the willingness to repeat the oldest sport trophy in her city but the judges in Abany still have to decide, as does the Spain’s central government in Madrid.
Here’s the translation of her statement, as reported by the news agency:
Valencia’s mayoress, Rita Barberá, explained that after her meeting with the president of Valencia’s regional government, Francisco Camps, both are ready and willing to close the deal in order for the 33rd America’s Cup to be held in the city.
“Pending the judge’s will, we are both willing to close the deal as soon as possible”, explained the mayoress, who also reminded that in order for the sailing event to be held in Valencia, it is necessary to have the backing of at least two of the three public administrations of the city: The City Hall, the Regional Government and the central Government.
“For us it is already mentally here”, commented Barberá referring to Camps and herself, and told journalists to ask the central government’s Vice President, María Teresa Fernández de la Vega, “when she comes”, whether she also agrees.
“We have the will to support the celebration of the 33rd America’s Cup in Valencia with all the boats and teams possible and it should take place in July 2010, with two pre-regattas in 2009 as offered by Alinghi”, she concluded.
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
Open letter to BMW Oracle Racing
Dear Russell,
The reasons that induced me to write this open letter stem from the respect I have towards you and your team.
AYRE challenged for the America’s Cup more than a year ago, hoping to take part in a competition that thanks to the excellent organization set up by ACM and the Valencian and Spanish public institutions became a world reference and example of what a global sports competition should aspire to.
The success of the 32nd edition in the summer of 2007 in Valencia surpassed all expectations and was also due to the active participation of all Teams, with BMW Oracle Racing undoubtedly being a clear example. AYRE was born because of the 32nd edition being so successful.
Unfortunately, any judicial procedure in any field causes serious setbacks to the proper development of any activity and in this particular case all teams are suffering from this eternal lawsuit that, without pointing any fingers, looking for reasons or blaming anyone, has paralyzed the 33rd edition of the Cup.
Alinghi has recently decided to get sailing back on track and reactivate the organization. They have gathered all teams that have legally entered and started a process of rebuilding the competition. I truly believe this was the correct procedure because the current situation is greatly detrimental to all involved but also to the image of the America’s Cup.
After three meetings in Geneva, all participating teams have been able to confirm Alinghi’s predisposition to carry out the necessary modifications to the Protocol, the Event and Competition Regulations, as well as the design of the new box-rule, in a completely democratic way. As a result, great advances have been achieved in a short time.
AYRE considers that at this moment we objectively have the evidence that demonstrates the change in situation. Race Officials will be selected from ISAF officials. The Protocol and the Event and Competition Regulations are being modified in a democratic way, open to all registered Challengers. We believe that going back to an exhaustive 10-point list, most of which have already been addressed, is not the most cordial way to reach an agreement. Nor is it a considerate gesture towards the teams present in the meetings.
We want to believe BMW Oracle Racing wish, as they have repeatedly stated, the return to an open competition, open to all Challengers, as soon as possible.
AYRE thinks that at this moment the only important issue is to break the current deadlock, without any accusations or analysis, without declaring winners or losers in a dispute that has hurt all parts equally. The only important issue is to remedy the reasons that caused BOR’s action, within the democratic framework Alinghi has put in place with all the teams participating in the 33rd America’s Cup. A DoG Match will irreversibly damage the possibility of having a multi-challenger edition in the near future.
As a challenger that represents the prestigious Yacht Club of Denia, one of Valencia’s and Spain’s most important yacht clubs, we think that the effort and patience shown by the Valencian and Spanish public institutions should not be wasted.
The deadline for inscription in the 33rd America’s Cup is on December the 15th. After that date, no team will be able to join. AYRE thinks that BMW Oracle Racing’s presence is essential and its absence will strongly weaken the competition. We also think that BOR has the right to participate, as long as it’s done before the deadline and within the formal framework.
Let this friendly letter be a demonstration of our admiration towards a team that through its perseverance and capacity has demonstrated that, despite suffering sports setbacks, because of its spirit of fair competition it has been able to come back and compete.
Dear Russell, the America´s Cup needs the three-time winner of the world’s oldest and most prestigious sports event, and probably the world’s best sailor, to be part of it, adding to its prestige.
Sincerely,
Pedro Perelló
CEO, AYRE CHALLENGE
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
Open letter to BMW Oracle Racing
Dear Russell,
The reasons that induced me to write this open letter stem from the respect I have towards you and your team.
AYRE challenged for the America’s Cup more than a year ago, hoping to take part in a competition that thanks to the excellent organization set up by ACM and the Valencian and Spanish public institutions became a world reference and example of what a global sports competition should aspire to.
The success of the 32nd edition in the summer of 2007 in Valencia surpassed all expectations and was also due to the active participation of all Teams, with BMW Oracle Racing undoubtedly being a clear example. AYRE was born because of the 32nd edition being so successful.
Unfortunately, any judicial procedure in any field causes serious setbacks to the proper development of any activity and in this particular case all teams are suffering from this eternal lawsuit that, without pointing any fingers, looking for reasons or blaming anyone, has paralyzed the 33rd edition of the Cup.
Alinghi has recently decided to get sailing back on track and reactivate the organization. They have gathered all teams that have legally entered and started a process of rebuilding the competition. I truly believe this was the correct procedure because the current situation is greatly detrimental to all involved but also to the image of the America’s Cup.
After three meetings in Geneva, all participating teams have been able to confirm Alinghi’s predisposition to carry out the necessary modifications to the Protocol, the Event and Competition Regulations, as well as the design of the new box-rule, in a completely democratic way. As a result, great advances have been achieved in a short time.
AYRE considers that at this moment we objectively have the evidence that demonstrates the change in situation. Race Officials will be selected from ISAF officials. The Protocol and the Event and Competition Regulations are being modified in a democratic way, open to all registered Challengers. We believe that going back to an exhaustive 10-point list, most of which have already been addressed, is not the most cordial way to reach an agreement. Nor is it a considerate gesture towards the teams present in the meetings.
We want to believe BMW Oracle Racing wish, as they have repeatedly stated, the return to an open competition, open to all Challengers, as soon as possible.
AYRE thinks that at this moment the only important issue is to break the current deadlock, without any accusations or analysis, without declaring winners or losers in a dispute that has hurt all parts equally. The only important issue is to remedy the reasons that caused BOR’s action, within the democratic framework Alinghi has put in place with all the teams participating in the 33rd America’s Cup. A DoG Match will irreversibly damage the possibility of having a multi-challenger edition in the near future.
As a challenger that represents the prestigious Yacht Club of Denia, one of Valencia’s and Spain’s most important yacht clubs, we think that the effort and patience shown by the Valencian and Spanish public institutions should not be wasted.
The deadline for inscription in the 33rd America’s Cup is on December the 15th. After that date, no team will be able to join. AYRE thinks that BMW Oracle Racing’s presence is essential and its absence will strongly weaken the competition. We also think that BOR has the right to participate, as long as it’s done before the deadline and within the formal framework.
Let this friendly letter be a demonstration of our admiration towards a team that through its perseverance and capacity has demonstrated that, despite suffering sports setbacks, because of its spirit of fair competition it has been able to come back and compete.
Dear Russell, the America´s Cup needs the three-time winner of the world’s oldest and most prestigious sports event, and probably the world’s best sailor, to be part of it, adding to its prestige.
Sincerely,
Pedro Perelló
CEO, AYRE CHALLENGE
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
BMW ORACLE RACING’S TRIMARAN SUCCESSFULLY COMPLETES
PHASE I OF SEA TRIALS IN SAN DIEGO
– State-of-the-Art Trimaran Will Undergo Modifications to Improve Performance and Start Phase II Sea Trials in San Diego in Late January
– BMW ORACLE Explores New Racing Options for Trimaran
San Diego, California, November 28, 2008 – Russell Coutts, CEO and Skipper of BMW ORACLE Racing, today announced that BOR 90, the syndicate’s state-of-the-art trimaran, has successfully completed Phase I of its sea trials in San Diego.
The 90 foot high-tech trimaran now will undergo further modifications to improve performance based on the team’s experiences with the trimaran on the Pacific Ocean off California since October. Over the next few months, a number of design changes will be implemented in order to make the trimaran an even faster, more responsive boat. In addition, decisions will be made about the optimum crew size and placement.
The boat will return to the water in late January for several additional months of testing in San Diego.
The BMW Oracle trimaran sailing in San Diego. Photo copyright Gilles Martin-Raget / BMW Oracle
Said Coutts, “We’ve had some great sailing over the past seven weeks. Our team worked hard and pushed the limits of the boat, identifying its many strengths as well as several areas where it needs improvement. We saw it can consistently sail one-and-a-half to two times the speed of the wind, regardless of sea and wind conditions, and it has remarkable agility. Overall, it’s an amazing machine – none of us have ever sailed anything like it. Its extreme engineering enables extreme performance.”
Coutts also announced that BMW ORACLE had begun to explore opportunities to race the trimaran. “Our racing options for sailing a multihull are not limited to the America’s Cup. Indeed, a Deed of Gift race is only a default option forced on us if Alinghi declines to agree to a multi-challenger event after we win the appeal. It remains our hope that we will reach an agreement with the America’s Cup Defender that will enable a traditional, multi-challenger America’s Cup in monohulls.
“With that in mind, we are exploring a number of other ways to sail the boat, including match races, regattas or even an attempt at one of the sailing speed records,” he said.
Coutts added, “On behalf of all of us at BMW ORACLE Racing, I want to thank the people of San Diego – the reception we’ve gotten from the sailing community and everyone else has been wonderful.”
The Phase I sea trials followed several weeks of “shake-down” testing in Puget Sound off Anacortes, WA earlier in September.
The BMW Oracle trimaran sailing in San Diego. Photo copyright Gilles Martin-Raget / BMW Oracle
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
The much-awaited Royal Decree from the Spanish central government was signed and published on Friday afternoon. The cabinet approved the extension of the tax and fiscal measures for another year and as a result all America’s Cup teams based in Valencia will practically pay no taxes at all. According to the decree, the teams are exempt, in 2008, of income and social security taxes as well as the VAT (value added tax). In other words, Valencia is for the fifth consecutive year a tax-free city for the America’s Cup teams.
The most interesting part of the decree is not the fiscal advantages the teams are entitled to, since they most probably don’t change significantly from the previous years. The key issue this year is who benefits from these measures, given the legal mire the world’s oldest sports trophy is in.
All teams that were duly entered in the 33rd America’s Cup as of December 31st, 2007 are automatically entitled to these tax breaks. That means (according to their order of entry) Alinghi, Desafío, Shosholoza, Team Origin, Team New Zealand, Team Germany, Green Comm, AYRE, Victory, Argo, Team French Spirit and Carbon Challenge.
Where does that leave BMW Oracle? Most probably Larry Ellison’s team will also avoid the tax collector because the Spanish ministers grant the same rights to all teams that participated in the 32nd edition, kept their base in Valencia and explicitly communicated to the local authorities their intention to participate in a future edition of this sports events. I must admit this is very vague but also very generous. All you had to do is keep your base in Valencia and write you wanted to take part in the America’s Cup and I guess you have to be stupid not to do that, given the advantages you are entitled to.
Nevertheless, this decree concerns all income earned in 2008 and, to the best of our knowledge, there isn’t anything similar signed yet for 2009 or beyond. Obviously, how could there be anything firm when the future of the event is still so uncertain? If one is to believe Manuel Chirivella, president of the CNEV, we shouldn’t be expecting a decision from the NY courts before April-May 2009 and then we might be for another long ride, regardless of the legal case’s final outcome.
Disclaimer: In this environment, prone to lawsuits and litigations, I think I’d better write the usual disclai