Time flies. It was exactly 2 years ago that Alinghi won the 32nd America’s Cup here in Valencia and, rightly so, all sailors and fans started a fun-blasted joyful celebration. If only they knew what tremendous blunder their lawyers were about to commit by accepting a paper yacht club as Challenger of Record for the 33rd America’s Cup. Eight days later, BMW Oracle issued a challenge and on the 20th of July they started their legal action in the NY State Supreme Court. The rest is history.

Alinghi wins the 32nd America’s Cup. Valencia, 3 July 2007. Video copyright Alinghi

Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back

Related Documents

- Valencia Court Order / +39 Challenge /Page 1
- Valencia Court Order / +39 Challenge /Page 2
- Valencia Court Order / +39 Challenge /Page 3
- Valencia Court Order / +39 Challenge /Page 4
- Valencia Court Order / +39 Challenge /Page 5

The 32nd America’s Cup finished exactly 2 years ago but it seems that it is doomed to be related to legal procedures and courts. We are not referring to the now famous court case in New York but to the Italian challenger +39 Challenge.

The Italian team was continuously struggling to make ends meet throughout the 32nd edition of the world’s oldest sports trophy and its performance was seriously undermined by the financial difficulties it met from 2004 to 2007.

It now appears that its problems didn’t finish when the curtain was closed two years ago but, unfortunately, went on. A number of employees filed a lawsuit in the Valencian courts demanding the team, to be exact the company Piu 39 Challenge España, paid the salaries it owed them from April until July 2007. After a number of canceled and postponed hearings, Valencia Social Court #4, finally issued its decision on Monday, June 29, ordering Piu 39 Challenge España paid its debts to its former employees with a 10% surcharge. Piu 39 Challenge España has the right to appeal to the Valencia Region Supreme Court.

The decision is a 5-page document you can access (in Spanish) in the top box. Although it’s a public document and anyone can read it by visiting Valencia’s main courthouse, the names of the demanding parties have been erased due to privacy reasons.

Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back

Related PDF documents

- Amicus curiae filed by the William I. Koch

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

Related PDF documents

- Amicus curiae filed by the New York Yacht Club

[Source: New York Yacht Club] The NYYC has been working for more than a year through its America’s Cup Committee, chaired by George Carmany, to help settle a dispute involving participants in the 33rd America’s Cup, specifically the Golden Gate Yacht Club, the Société Nautique de Genève and the Club Nautico Espanol de Vela. Despite our best efforts, we have been unsuccessful in this regard. Feeling an ongoing responsibility to the donor (NYYC-member George Schuyler) as well as the traditions and history of the America’s Cup – and the traditions and history of this club — we believe it is time in the legal process to make our voice heard.

The America’s Cup Committee has voted to present an amicus-curiae (friend of the court) brief to the Court of Appeals State of New York that is considering the matter. As Commodore I agree with this course of action and have discussed it with all former Commodores, the Executive Committee and the Board of Trustees who likewise have approved this approach. Thus a brief, written by Vincent Monte-Sano, the general counsel of the NYYC and member of its America’s Cup Committee, will be filed before the end of this year.

The NYYC has no personal interest or stake in the outcome of the litigation. Our interest stems solely from the long involvement with the America’s Cup and a desire to have the competition remain faithful to the Deed of Gift, as drafted by George Schulyer, and for the Cup Match and the Challenger-Selection Series to be a fair and even-handed competition.

NYYC’s Views

The Club Nautico Espanol de Vela (CNEV) was in essence the Real Federación Española de Vela (RFEV), the Spanish national yachting federation, in the 2007 America’s Cup in Valencia, Spain. The NYYC believes that CNEV does not satisfy either of the criteria set forth in the Deed of Gift for yacht clubs that may challenge for the America’s Cup; namely that: CNEV is not an “organized Yacht Club” and CNEV does not satisfy the requirement in the Deed of Gift of a challenging yacht club’s “having for its annual regatta an ocean water course on the sea, or an arm of the sea …”

Further, CNEV seeks to be the “challenger of record,” a special role that requires that the yacht club in question negotiates not just for itself, but rather on behalf of all of the challenging yacht clubs. The NYYC asserts that the “challenger of record” must satisfy the letter and the intent of the criteria set forth in the America’s Cup Deed of Gift and should be totally independent in its representation of the interests of all other challenging yacht clubs in negotiating a Protocol that will govern both the America’s Cup Match and the Challenger-Elimination Series. It is the NYYC’s opinion that CNEV does not fulfill these conditions.

While it would have been very easy for the NYYC to avoid getting involved in this legal controversy, we feel an obligation to the history and traditions of the America’s Cup. Thus we are speaking out at this time.

Original post by noreply@blogger.com (Valencia Sailing) and software by Elliott Back

There has been a breaking news concerning a major development to take place today that might signal the end of the long battle that is putting a break on the America’s Cup.

According to very reliable information we have received, there is a designer meeting to take place later this afternoon in Valencia where Alinghi will let the other 5 challengers (Desafío Español, United Internet Team Germany, Shosholoza, Emirates Team New Zealand and Team Origin) decide upon a key parameter of the design of the new class. The meeting is organized by the Challenger of Record, Desafío Español, and from what we understand, BMW Oracle and Mascalzone Latino have also been invited to attend as simple observers.

We got in contact with America’s Cup Management (ACM), in order to verify whether Alinghi has made such a proposal. First of all, Michel Hodara, CEO of ACM, denied there was any kind of agreement between them and BMW Oracle as was speculated lately. On the other hand, he added, Alinghi has made a concrete offer to show they haven’t advanced in the design of the new boat and try to lift the last point of resistance of BMW Oracle. It will be up to the 5 challengers to decide that key parameter and BMW Oracle will also have the right to access to that information.

We also contacted to Jason Ker, designer of United Internet Team Germany, in order to know whether this parameter is important and verify to what extent Alinghi are willing to give any advantage (if they have any) away. According to Ker, this parameter is “fundamental” for the design of the new boat. If a team is at an early stage in its design process any modification in that parameter doesn’t make all that difference. On the other hand, if a team has advanced to the extent Alinghi was alleged or supposed to have advanced, then they would have to start all over again.

According to Ker, this shows that Alinghi hasn’t advanced in the design of their new boat and even if they had they are prepared to give it away.

The ball is now in BMW Oracle’s court. All we have to see now is whether this will convince the Americans that the defender has little, if any, headstart over the rest of the current and potential challengers. It appears that was the major fear of the team headed by Russell Coutts.

PS: It seems that our Spanish colleague Pedro Sardina had some of his information correct last week. Today is October 10th and an extremely decisive meeting, that might lead to a deal, is to take place.

Original post by Valencia Sailing and software by Elliott Back

We couldn’t have asked for a better race to drop the curtain of the 32nd America’s Cup in Valencia. Alinghi won by just 1 second after a nail biting, roller-coaster race where the lead changed a handful of times and wind speed dropped from 15 to 2 knots a couple of hundred of meters from the finish line.

When the gun was fired at 3pm, weather conditions where excellent. It was a sunny, bright and the sea breeze was constant and strong at 15 knots. Once again, the prestart was intense but without any incidents. In fact during the 7 races of the 32nd America’s Cup Match, no penalties were given during the prestarts. Both boats hit the starting line at full speed on starboard tack, Emirates Team Nz on the left and Alinghi on the right.

In a replay of the previous first legs, Alinghi was the first to tack right. The two teams engaged in a tacking duel up the first beat with the New Zealanders always having a small lead. Nevertheless, Alinghi successfully defended the right side and NZL-92 never built the necessary advantage to cross ahead of SUI-100. At the apporach to the top mark, Alinghi pushed Emirates Team NZ over the left layline and rounded 7 seconds ahead of them.

In the first run the tables were turned. Alinghi’s crew work was poor and after a couple of very bad gybes, the New Zealanders took the opportunity to pass them. As the two boats were approaching the leeward gate with NZL-92 ahead, history was repeated again. Terry Hutchinson, the New Zealand tactician, again decided to round the left gate while Alinghi went for the right.

The kiwis still rounded the gate 14 seconds ahead of the Swiss but they started the second beat in a tactically-compromised position. Both boats headed to the right side of the course, but again Alinghi had the right advantage. Once again, Emirates Team NZ were unable to gain a lead big enough to cross in front of Alinghi and in the ensuing tacking duel up the beat, the Swiss were closely behind. Adding insult to injury, near the top mark the kiwis took a decision that cost them the race. They went beyond the left layline. While tacking back, Ed Baird had strategically placed SUI-100 to force the kiwis into a port-starboard incident and get them penalized.

It seemed the race was over and Alinghi rounded the top mark ahead of the kiwis and with the advantage of the penalty. During the last leg the press releases talking of Alinghi’s victory were getting ready until the winds decided, momentarily, it wouldn’t be that easy.

A few hundred meters before the finish line, wind dropped from 11 knots to 2-3 and changed in direction about 120 degrees. Emirates Team NZ were first to drop the spinnaker and hoist their genoa, but Alinghi was caught by surprised. The huge wind shift broke their spinnaker pole and brought their boat to standstill. By the time they dropped the spinnaker and hoisted the genoa, NZL-92 not only had advanced and erased the Swiss advantage, they had gained enough lead to carry out their penalty and still be ahead.

As a result, a few meters before the finish line, the kiwis were ahead and looked as if they were going to steal a last-second victory. Nevertheless, the winds switched back to Alinghi’s favor. After circling, NZL-92 stalled while SUI-100 had already picked up enough speed. The last seconds were a real thriller. Alinghi was faster and crossed a split second ahead!!!! Without any doubt this was the best race I watched in Valencia since the beginning of the America’s Cup.

Emirates Team NZ and Alinghi in the prestart of the last race of the 32nd America’s Cup. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

Emirates Team NZ and Alinghi in the prestart of the last race of the 32nd America’s Cup. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

Emirates Team NZ and Alinghi in the prestart of the last race of the 32nd America’s Cup. The prestart was close but without any incidents. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

Both boats hit the starting line at full speed at the same time. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

The first stretch of the first leg was a repeat of previous ones. Both boats on starboard tack head toward the left layline. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

One of the many tacks during the first leg. Emirates Team NZ never built a lead big enough to cross in front of Alinghi. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

One of Alinghi’s poorly executed gybes in the first run that gave Emirates Team NZ the opportunity to pass ahead. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

At the approach to the leeward gate Emirates Team NZ were leading the race. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

Emirates Team NZ go left at the leeward gate and Alinghi right. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

Again one of the many tacks of the second beat. Emirates Team NZ were again unable to cross in front of Alinghi. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

Halfway down the last leg Emirates Team NZ were able to shrink most of Alinghi’s lead, but still had the penalty to offload. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

It ain’t over till it’s over. While everybody was preparing for Alinghi’s victory, the Swiss got caught by the huge wind shift and the edge of their spinnaker pole broke. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

Alinghi are struggling to hoist the genoa… Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

but when Alinghi finally managed to sort out the problems with the genoa and spinnaker… Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

Kiwi adrenaline was pumping hard as NZL-92 had picked up speed. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

Emirates Team NZ successfully offloaded their penalty under the watchful eyes of the umpires… Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

… and it appeared they were going to cross the finish line ahead of Alinghi… Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

… but the wind changed its mind once again and a small puff pushed Alinghi ahead. They crossed the finish line a mere second ahead of the kiwis. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

Original post by Valencia Sailing and software by Elliott Back

Valencia Sailing would like to congratulate Emirates Team NZ for the great sailing performance they have offered us during the 32nd America’s Cup and especially the last two months in the Louis Vuitton Cup and the America’s Cup Match. Go Kiwis!!

So close and yet so far… NZL-92 stalls while SUI-100 gets some air and crosses the finish line a mere second ahead of them, successfully defending the America’s Cup. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis / Valencia Sailing

Original post by Valencia Sailing and software by Elliott Back

Alinghi successfully defended the America’s Cup in Valencia after winning what was probably the closest and most exciting race ever. Due to the delays caused by the prize giving ceremony, our full race report will be online later this evening. In the meantime, here are some photos from the ceremony and Alinghi’s celebrations.

The most desired trophy in sailing was waiting for Alinghi. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis/ Valencia Sailing

Ernesto Bertarelli, head of Alinghi, enters the stage held by the jubilant sail crew. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis/ Valencia Sailing

Brad Butterworth, Alinghi’s skipper, makes sure everybody knows who won this edition of the America’s Cup. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis/ Valencia Sailing

Ernesto Bertarelli, head of Alinghi, holds the America’s Cup trophy after successfully defending the 32nd edition. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis/ Valencia Sailing

Brad Butterworth holds his 4th America’s Cup. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis/ Valencia Sailing

… and of course, the obligatory champagne battles. Valencia, 3 July 2007. Photo copyright Pierre Orphanidis/ Valencia Sailing

Original post by Valencia Sailing and software by Elliott Back

Good morning from sunny and warm Valencia. We are at match point again and Alinghi is one race away from defending the 32nd America’s Cup, although one should never count Emirate Team NZ out, we certainly don’t. According to the weather forecasts we will enjoy a beautiful summer day with good sea breeze building up to 14 knots. Both the Alinghi and ACM forecasts coincide in the fact wind direction will change during the day so it might turn out to be a day for tacticians.

Once again, the interest of the press here in Valencia seems to be focused on the future rather than the present. As we wrote, it appears to be certain the a Spanish team will be the Challenger of Record, if Alinghi win of course. Undoubtedly, all cameras will be focused on “Vava”, Ernesto Bertarelli’s private yacht. If today again representatives from the current Desafío Español appear on the yacht’s deck then it would be certain it is a done deal.

In any case, whatever happens today and if the winds allow it, the 32nd America’s Cup will be over on Thursday, one way or the other. There will be no reserve days and races will take place every day.

Weather forecast by the America’s Cup organizers
High pressure to northeast east of Valencia and unstable conditions inland maintain good sea breeze prospects, albeit slightly lighter than originally forecast. Sea breeze starts south southeasterly 10-12 knots early in the afternoon then builds to 12-14 knots and backs to southeast. Broken high cloud and hotter – Temperature 32 degrees

Alinghi’s public weather forecast
South-southeasterly 10-12 knots increasing at 14:00 to 14-16 knots and shifting south-easterly before returning to south-southeasterly in late afternoon. T. max 30°

Original post by Valencia Sailing and software by Elliott Back

Racing was cancelled on Sunday after spending more than an hour waiting for conditions to stabilize and the breeze to pick up. The race committee sent everybody back home at 4:10pm and we will now have to wait till Tuesday to see whether Emirates Team NZ can come back or if Alinghi successfully defends the 32nd America’s Cup.

The dreaded front and clouds that appeared over central Spain on the satellite image earlier this morning, arrived much earlier than expected and by noon the Valencia skies were already covered and any hope of sea breeze was promptly dissipated. Wind speed was a mere 5-6 knots at 3pm and direction was shifting widely in a 30-degree range. Throughout the race course, both speed and direction failed to stabilize.

Tomorrow Monday is day off and as a result racing will resume on Tuesday.

Original post by Valencia Sailing and software by Elliott Back