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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
[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 Carbon Challenge has withdrawn.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
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
James Spithill needs no introduction. The Australian match race maestro is in Puerto Calero, racing in the RC44 Gold Cup at the helm of CEEREF, Igor Lah’s Slovenian boat. He clearly dominated the first round robin of the event’s match races yesterday, winning 5 out of 5 races, despite having the jib falling apart in the first race.
We talked to Spithill earlier this morning on the issue of the BMW Oracle trimaran and the team’s first phase of sea trials in San Diego.
Valencia Sailing: What are your general impressions from the BMW Oracle trimaran?
James Spithill: It’s awesome. It’s the coolest thing I have ever sailed; it’s simply an incredibly powerful sailing machine. The whole trimaran, multihull world is another world and there has never been built something similar to this boat, with this power-to-weight ratio. It’s very exciting to steer a boat like this.
Valencia Sailing: Did you have much multihull experience before sailing that trimaran?
James Spithill: No, very little. As soon as we knew that it looked like it was going to go into a multihull challenge I started to get into some racing. Before the boat was built we spent time on the Groupama trimaran, doing some racing there but I come from a monohull background, the whole sailing team really. That’s why we have Franck Cammas and some of his guys involved.
Valencia Sailing: Was it a steep learning curve?
James Spithill: Really steep, especially for me driving because in a boat like that you can get into trouble very quickly. You have to get used to the notion of always being a step ahead and even simpler things like sail changes are different. Again, you can run into trouble and to sail the boat fast you have to be on the edge a lot of the time. Now I feel comfortable and I look forward to sailing again.
James Spithill leads the match race series, unbeaten. Puerto Calero, 10 December 2008. Photo copyright Nico Martinez
Valencia Sailing: How long did you sail the boat in San Diego?
James Spithill: We’ve been there for two months and we split helming about 50/50 with Franck since he had commitments with Groupama. It was fantastic because I could speak with him and learn a lot. It was nice having with us the depth of experience Franck, Bruno and the rest of the Groupama team have. In addition our design team has a lot of experience.
Valencia Sailing: What type of wind conditions have you had during that period?
James Spithill: They varied. Everything up to 18 knots with big sea waves at times. We pushed the boat hard, especially towards the end of the session, but we obviously haven’t been going stupid because we have time. If something goes wrong people can really get hurt.
Valencia Sailing: So, you really need those helmets we see in the pictures.
James Spithill: You do. We had a couple of things break, some blocks and stuff like that. Don’t forget you have tremendous loads on all the gear and the helmets make you feel a little better.
Valencia Sailing: What boat speeds have you reached, if it’s not a secret?
James Spithill: No, what should it be a secret? We are getting up towards 40 knots.
Valencia Sailing: With what wind speed?
James Spithill: We still haven’t really pushed the boat that hard. The fastest point of sail is around 100 degrees true wind angle reaching, reefed and two sails. We haven’t done a whole lot of that because we have been mainly focusing on upwind and downwind. You know, we are not in a rush to set a new speed record.
Valencia Sailing: What about crew size? Have you decided what the optimal number of sailors is?
James Spithill: We usually had between 14 and 17 people but it’s a tough question what the optimal is. We still haven’t decided as we haven’t done many maneuvers yet. As I said, we have mainly focused on getting to know the boat and doing straight-line sailing.
Valencia Sailing: What kind of match race should we expect with such kind of boats? Is it going to be very different from what we had for example last year in Valencia with the conventional AC yachts?
James Spithill: It will be completely different. Match racing in the V5 AC boats was about the other guy being right behind you, breathing down you neck. The boats were like stuck together through the whole race. In this type of racing, except for the start line where you get together, once you start there will be a big separation and no close racing. You might still get some passing but the boats won’t stay together for long. It’s just a different type of racing.
Valencia Sailing: If it finally comes down to that, Alinghi has the right of choosing the venue of the match. They can pick a light-wind venue or something like we had yesterday here in Puerto Calero, 25 knots and waves. Is your multihull optimized for a particular wind range?
James Spithill: They obviously have a big advantage of knowing the venue but take for example Valencia. I’ve been there for 4 years and every summer was completely different. One summer was windy, one summer was light, so even though you can say Valencia is usually 12 to 14 knots, it can be completely different. We think that they can focus on one area but they will still have to be able to cover the other ranges. We feel we have a good all-around boat and depending on the venue Alinghi chooses, we will have to push towards one area.
Valencia Sailing: Politics apart, would you rather match race on these giant multihulls or the conventional AC boats?
James Spithill: It will be interesting to try the multihulls, just for the fact they have been built. I really enjoyed the last event and from day one all BMW Oracle wanted was a multi-challenge monohull event with everyone involved but we are not going to do it unless we get a fair set of rules. It’s hard enough to win as it is. We want to race, get out there on the water but it has to be with a decent set of rules. We obviously want to get that on track but I would still love to see these two things race. When you see them sailing it will be awesome.
Valencia Sailing: But is it going to be interesting for spectators?
James Spithill: It will be hard for spectators on the water because they will not be able to keep up, unlike the version 5 AC boats. You might be able to follow these but it will be hard. I think that the best way to watch the races will be on TV, if we get some decent footage.
Valencia Sailing: Last year you gave BMW Oracle a serious beating in the Louis Vuitton Cup semifinals. How does it feel to be the helmsman of the team now?
James Spithill: [Laughs] It’s funny how things work out!! It’s really a new team. Russell has assembled a fantastic group of people throughout the whole team. There are obviously some people from last time but it’s a good fresh start. The most important fact is that we have probably the best America’s Cup sailor at the top of the group, leading the team. That’s exactly the team I want to be involved in.
Valencia Sailing: Last but not least, you are leading the match race round robin here at the Puerto Calero RC44 Gold Cup unbeaten. What’s in store for today’s second round robin?
James Spithill: I don’t know, we were pretty lucky yesterday, we had a breakage in race one and just managed to win but it was 5 tough races nevertheless. Given how shifty it is, there are a lot of passing lanes and anything could happen. Still, it will be good and fun sailing with these boats and under these great conditions.
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
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 stepped up its media and PR campaign and published the first issue of the “GGYC Cup Newsline”, a newsletter mainly aimed at sailing media where the American team goes over the latest developments in the America’s Cup scene and, of course, present and convey their point of view. Here below you can read this very first issue.
An Interesting Perspective
“Mr. America’s Cup” himself, Dennis Conner, recently gave an interview to AP in which he said, among other things:
On Tuesday of last week (Nov. 11), Alinghi hosted a meeting of the Challengers, and despite Brad Butterworth telling the media that we could attend “no strings attached,” in fact, he later again extended the invitation but with a string attached - we could attend if we drop our lawsuit which is designed to make sure Alinghi has fair and competitive rules for AC33.
But without a commitment from Alinghi to change the protocol in return for our commitment to drop the suit, this was a non-starter, as Alinghi (and any fair-minded observer) knew. As a result of being “locked out,” we issued the following statement. The key take away (as it has been for over a year) is this: “We repeatedly have offered to drop our lawsuit on one simple condition - that Alinghi adopt fair and competitive rules.”
Mascalzone Latino went to Geneva for the Challengers’ meeting but refused to sign a Non-Disclosure Agreement (NDA) that Alinghi insisted all participants sign. No NDA, no admission! In response to their being locked out, they issued their own statement. Other serious Cup contenders who were conspicuously absent: K-Challenge and Luna Rossa. And Victory Challenge, which attended the meeting, did not sign the Oct. 31 Challenger’s “letter” asking us to drop the suit.
The meeting resulted in some welcome changes to the Protocol, but more changes are required, as we expressed in a statement on Wednesday. “[A] major sticking point remains the arbitration panel . In addition, other fundamental fairness issues remain to be addressed, including the fact that the Defender can change any of the rules at any time and can impose any new rule or restriction on the competitors.”
Court Watch
On Thursday, Société Nautique de Genève filed its reply brief in the New York State Court of Appeals, with a companion brief filed by CNEV and an amicus brief from the City of Valencia. We were not surprised at the misstatements of fact in the briefs. We were surprised at SNG’s and CNEV’s differing lists of possible participants in AC33 and astonished to learn from CNEV’s brief that the Mercury Bay Yacht Club “won and defended the Cup.”
Since others are not following the case as closely as we are, we issued a statement that states our purpose (”We are fighting an attempt by SNG to circumvent the rules of the America’s Cup by installing a sham yacht club as Challenger of Record in order to create an unfair protocol that gives it unprecedented and lopsided control of the contest”), corrects the record and underscores “just how unfair and anti-competitive Alinghi’s AC33 rules are.”
What’s at Stake
In an interview with Sail-World on Friday, Tom Ehman highlighted precisely what’s at stake if the flawed proposed Protocol becomes the governing document of AC 33. Key quote: “Alinghi and their Challenger of Record can still amend any of these Rules at any time and still impose new Rules. Any serious challenger would not - should not - be comfortable with that.”
Tom noted that we had sent a letter to the Spanish team that outlined a 10-point plan for fixing the Protocol. Full text of that plan:
10-POINT PLAN FOR A FAIR AND COMPETITIVE AMERICA’S CUP 33
The following is a 10-point plan that articulates simple changes to the proposed Protocol for America’s Cup 33 that would address the concerns of many Challengers who want to ensure that the rules of AC33 are fair. With the exception of #10, the plan is based on the points we negotiated with the Challengers in December last year, and reflect further concessions since offered. Agreement to these 10 points by the Challenger community could return AC33 to the water as early as 2010.
1. Once the changes to the Applicable Rules are completed, any further changes to Applicable Rules governing AC33 shall be mutually agreed between Defender and the Challenger of Record (COR) (subject to point #2).
2. All Challenger of Record decisions, including agreeing to the ACC Rules, Event and Competition Regulations, shall be made by majority vote of the Challengers in a Challenger Commission, one vote per team, including the COR who also has one vote, except that material amendments to the Protocol, Event Regulations or Competition Regulations, once agreed and issued, can be made only by unanimous vote of Competitors.
3. The current Arbitration Panel shall be dissolved and a new Arbitration Panel shall be appointed comprised of five members; SNG and the Challenger Commission shall each appoint two members, and the other four shall select the fifth member.
4. The Defender can race in the Challenger Round Robins, Challenger Sail-Off and Challenger Secondary Series. The Defender cannot sail in the Challenger Semi Finals and Final. Larry Ellison’s letter of 17 October 2008 to Ernesto Bertarelli offered several options in this regard, which BOR stands by.
5. The “Fair Competition” clause (2.3 of the Protocol) shall be expanded to include the Officials, Sailing Jury and Arbitration Panel.
6. The Defender and Challenger of Record shall jointly appoint a Regatta Director who shall be responsible for ensuring fair races are conducted in accordance with the terms of the Protocol. The Regatta Director shall have the same powers as for the last America’s Cup (he or she appoints/manages race committee, appoints measurement committee, umpires, and other officials as needed, prepares and publishes Notice of Race and Sailing Instructions).
7. Entries from AC32 challengers shall be accepted and not thereafter disqualified provided continued compliance with the rules, and then only by the Arbitration Panel.
8. AC33 shall be held in Valencia with AC32 teams retaining their bases if they desire. In addition, the format and Schedule to be published by ACM ahead of time and not to be altered without consent of affected Competitors.
9. Each Challenger and the Defender may be limited to building only one new boat. As a result of this change, and as consideration for allowing the Defender into the Challenger selection series, there can be no Defender selection series.
10. There shall be no restrictions on Competitors’ sponsors or any control by the Defender or ACM over Competitors’ sponsors beyond the traditional restrictions (e.g., no tobacco sponsors). Moreover, ACM shall not ambush existing team sponsors, and if ACM secures an Event sponsor that conflicts with a major sponsor of a competitor, that Competitor shall be under no obligation to display ACM sponsor logos on its yacht, base or team gear or otherwise promote or associate with such Event sponsor.
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 disclaimer. All the aforementioned information doesn’t constitute any legal, tax or fiscal advice whatsoever and the details might actually differ from what we reported. It is solely presented for strictly information purposes and anyone interested should refer to a Spanish legal and fiscal expert.
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
STATEMENT OF
TOM EHMAN
SPOKESMAN, GOLDEN GATE YACHT CLUB
IN RESPONSE TO SNG’S NEW YORK STATE COURT OF APPEALS FILING
Nov. 13, 2008
It is important to keep in mind why GGYC is fighting this case. We are fighting an attempt by SNG to circumvent the rules of the America’s Cup by installing a sham yacht club as Challenger of Record in order to create an unfair protocol that gives it unprecedented and lopsided control of the contest.
We are in no way fighting to exclude other challengers from the America’s Cup, as today’s SNG court brief falsely alleges. In fact, we were compelled to begin preparations for a default match in a multi-hull solely because of Alinghi’s refusal to negotiate with us toward an AC 32-type protocol. As we have consistently and publicly stated – and made abundantly clear to Ernesto Bertarelli – it has always been our intent to negotiate a conventional multi-challenger regatta with fair and competitive rules.
To underscore just how unfair and anti-competitive Alinghi’s AC33 rules are:
-The Defender, through ACM (the management company controlled by Ernesto Bertarelli), can change any of the rules at any time and can impose any new rule or restriction on the competitors. They only need the agreement of CNEV, the Defender’s compliant Challenger of Record.
- None of the Challengers, except CNEV, has any vote on any matter. Moreover, CNEV is specifically exempted from acting on behalf of the other Challengers.
- For the first time ever, the Challenger Selection Series is under the complete control of the Defender.
These and other fundamental fairness issues have not been addressed, and as a result several major contenders and a major sponsor have been driven from the event.
Our position remains clear: we will drop our lawsuit if SNG adopts fair and competitive rules for AC33. Otherwise, we will vigorously pursue this case and we are confident we will prevail.
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
[Source: Mascalzone Latino] Reale Yacht Club Canottieri Savoia (R.Y.C.C.S.) and Mascalzone Latino accepted the invitation by America’s Cup Management to participate to the November 11th 2008 meeting at Société Nautique de Genève (S.N.G.) in Geneva.
At the meeting the team representatives were requested to sign a non-disclosure agreement in order to keep the discussion strictly confidential among only the participants.
Mascalzone Latino’s representative to the meeting, Alessandra Pandarese, expressed the team’s firm view that in the current circumstances discussion should be open to all interested parties, including Golden Gate Yacht Club (G.G.Y.C.), as one of the disputing parties.
Therefore, Mascalzone Latino chose not to sign the non-disclosure agreement. In response, the Mascalzone representative was not admitted to the meeting room, nor was she permitted to explain her team’s position to those in attendance.
“We regret for not having been admitted to the today’s meeting. Besides we don’t understand the reasons of all this secrecy, nor the reasons of G.G.Y.C.’s exclusion” - said Vincenzo Onorato. “Another opportunity to discuss in an open forum has been lost, but I wish that all challengers, including G.G.Y.C., and the Defender would gather in another meeting soon.”
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
[Note: After contacting the Alinghi media office we were informed that apparently Team Germany couldn’t attend as they are re-organising themselves while Mascalzone refused to sign the confidentiality agreement, signed by all teams participating in the Competitor Meetings, and as a result was not admitted to the meeting]
[Source: Alinghi] A large majority of the teams entered in the 33rd America’s Cup today achieved another milestone in the process of getting the event back on the water during a second Competitor Meeting at the Société Nautique de Genève in Switzerland.
Ten of the 12 entered challengers present at the meeting, along with the Defender Alinghi, expressed a unanimous will to work together constructively towards a class rule and regulations that satisfy all entered competitors.
Amongst other topics, it was agreed that:
- The Arbitration Panel be expanded to five members, with the two additional members being appointed by all the entered competitors through a democratic process
- The Race Committee has been agreed by all the entered competitors
- Other America’s Cup Race Officials, the Technical Director and Umpires will be selected following a similar process amongst ISAF officials
- Two pre-regattas will be organised in 2009 before the 33rd America’s Cup in 2010
All participants at today’s meeting expressed their satisfaction with the process and their confidence in ongoing plans progressing towards a 33rd America’s Cup. They also urged BMW Oracle Racing once again to drop their lawsuit and enter this process.
The next Competitor Meeting is scheduled for December.
The entered teams present at today’s Competitor Meeting were:
1. Alinghi, Société Nautique de Genève, Switzerland – Defender of the 33rd America’s Cup
2. Desafío Español, Club Náutico Español de Vela, Spain – Challenger of Record
3. Shosholoza, Royal Cape Yacht Club, South Africa
4. TeamOrigin, Royal Thames Yacht Club, United Kingdom
5. Emirates Team New Zealand, Royal New Zealand Yacht Squadron, New Zealand
6. Green Comm, Challenge Circolo di Vela Gargano, Italy
7. Ayre, Real Club Náutico de Dénia, Spain
8. Victory Challenge, Gamla Stans Yacht Sällskap, Sweden
9. Argo Challenge, Club Náutico di Gaeta, Italy
10. French Spirit, Yacht Club de St Tropez, France
11. Carbon Challenge
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back
STATEMENT OF TOM EHMAN
Spokesman, Golden Gate Yacht Club
11 November 2008
[Source: BMW Oracle] Despite public comments in the past week by a senior Alinghi official that GGYC/BMW ORACLE Racing would be invited to participate in today’s America’s Cup meetings in Geneva “with no strings attached,” over the weekend Russell Coutts was advised by Alinghi that GGYC/BOR are being excluded from the meetings. Regrettably, therefore, we will not be in attendance.
We repeatedly have offered to drop our lawsuit on one simple condition – that Alinghi adopt fair and competitive rules.
It’s important to remind the sailing community just how unfair and anti-competitive the proposed AC33 rules are. For example:
• The Defender, through ACM (the management company controlled by Ernesto Bertarelli), can change any of the rules at any time and can impose any new rule or restriction on the competitors. They only need the agreement of CNEV, the Defender’s compliant Challenger of Record.
• None of the Challengers, except CNEV, has any vote on any matter. Moreover, CNEV is specifically exempted from acting on behalf of the other Challengers.
• For the first time ever, the Challenger Selection Series is under the complete control of the Defender.
• The Defender, through ACM, selects all race officials and umpires.
While it is unfortunate that we won’t be part of the process, we are hopeful that the other Challengers can still achieve the goal of establishing fair rules with the Defender. If the Challengers can get Alinghi to fix the rules this would be a fantastic result and we can all move on.
Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back