BMW Oracle

Base is buzzing as we prepare for LVPS

Louis Vuitton Pacific Series

Boats launched January 15-19

Team practice starts January 24

Racing starts January 30 and continues until February 14

The base is buzzing again as preparations for the Louis Vuitton Pacific Series pick up pace.

On top of that, the team is also right into its TP52 project, with the build well-advanced at Cookson’s yard on the North Shore. The yacht will be launched a few days after the final of the Louis Vuitton Pacific Series.

At the Viaduct Harbour base, boatbuilders, electronic and hydraulic engineers, riggers and sailmakers are working to re-commission the yachts and build the identifying spinnakers for each team. All this and the Christmas-New Year holiday season is approaching fast.

The BMW Oracle Racing yachts arrived from Spain a few days ago and shore crew are working on them.

The four yachts will be back in the water in the third week of January, ready for sea trials and the start of practice for participating teams on January 24.

There’s much more to this regatta than just the four racing yachts and 200 yachtsmen. Once again we have tapped into that special New Zealand spirit that just makes things happen. The regatta could not have been held without the willing help of dozens of people and organisations. Individuals are lending their boats, companies are donating product or heavily discounting products and services.

The Government and Auckland city and its agencies have given great support and practical help. We couldn’t have asked for better. Without their help, New Zealand and Auckland would have missed out on a great event.

One of BMW Oracle’s two yachts to be used in the Louis Vuitton Pacific Series. Photo copyright Emirates Team NZ

Nothing has been too much trouble for the harbour master and police who have made it possible to run the races close in to the shore. Courses will be laid right across the approaches to the busy commercial port so that spectators on shore can share the action.

The Royal New Zealand Yacht Squadron is organising on-the-water activity. They have brought together a large number of volunteers to man the fleet needed for course and racing officials - the umpires, marshals, mark layers and the “ferries” to get race crews on and off the yachts.

It’s a big job but the Squadron, with a couple of Louis Vuitton Cups and America’s Cups behind it, is well-practiced at handling the logistics of a big regatta.

While all the on-the-water activities are being worked through, Louis Vuitton, Auckland City, the people at Viaduct Harbour Marine Village and SKYCITY are working to ensure the race village and on-shore entertainment becomes a reality.

And, because a large number of international journalists are expected to be in Auckland for the regatta, Tourism New Zealand and Tourism Auckland are working to ensure that we miss no opportunity to promote New Zealand and the region.

TP52 Programme

It’s good to see the TP 52 project coming together so well. We will campaign the TP 52 on the Med Cup circuit, one of the most competitive on the international racing calendar. Five regattas (in Spain, Portugal, France and Italy) are planned in 2009, the first in the third week of May.

Our yacht is due to be shipped to Europe in March after sea trials have been completed. A workshop container and chase boat will travel with it.

A TP 52 has a crew of 15. The regattas will give the core sailing crew the chance to sail together, an essential part of the buildup to the next America’s Cup.

The TP 52 project is being funded by Emirates and staunch supporter of the team Matteo de Nora.

Top: Emirates Team New Zealand boat builder Peter Ockleston and Colin Driver. Bottom: Some of the TP 52 build team: Ian McLean, Anthony Murray, Andy Howden and Mark Borley show off their handiwork. Photo copyright Emirates Team NZ

America’s Cup

Meanwhile the America’s Cup saga continues: Alinghi is proceeding to organise a multi-challenge America’s Cup for 2010 even though the Oracle appeal in the New York courts has still to be resolved.

Oracle’s Larry Ellison has told Alinghi that it would not enter the event by Alinghi’s December 15 deadline (and as a pre-condition withdraw its legal challenge) and would persevere with the appeal.

That leaves two possible outcomes: Oracle’s appeal is dismissed and the Spanish yacht club CNEV is confirmed as the challenger of record and a multi-challenge America’s Cup is back on track.

Oracle wins the appeal and a Deed-of-Gift challenge is sailed in the multihulls, in Oracle’s case a 90ft trimaran which the team has been trialing off San Diego. Alinghi’s multi-hull has yet to be seen in public.

The outcome is unlikely to be known for some months.

The team thanks our suppliers and sponsors for their patience and continued support. It’s comforting to know they’re behind us.

Season’s greetings to everyone.

Grant Dalton

Back in the sun … after more than a year in the shed, NZL 92 gets ready for racing. Photo copyright Emirates Team NZ

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

Base is buzzing as we prepare for LVPS

Louis Vuitton Pacific Series

Boats launched January 15-19

Team practice starts January 24

Racing starts January 30 and continues until February 14

The base is buzzing again as preparations for the Louis Vuitton Pacific Series pick up pace.

On top of that, the team is also right into its TP52 project, with the build well-advanced at Cookson’s yard on the North Shore. The yacht will be launched a few days after the final of the Louis Vuitton Pacific Series.

At the Viaduct Harbour base, boatbuilders, electronic and hydraulic engineers, riggers and sailmakers are working to re-commission the yachts and build the identifying spinnakers for each team. All this and the Christmas-New Year holiday season is approaching fast.

The BMW Oracle Racing yachts arrived from Spain a few days ago and shore crew are working on them.

The four yachts will be back in the water in the third week of January, ready for sea trials and the start of practice for participating teams on January 24.

There’s much more to this regatta than just the four racing yachts and 200 yachtsmen. Once again we have tapped into that special New Zealand spirit that just makes things happen. The regatta could not have been held without the willing help of dozens of people and organisations. Individuals are lending their boats, companies are donating product or heavily discounting products and services.

The Government and Auckland city and its agencies have given great support and practical help. We couldn’t have asked for better. Without their help, New Zealand and Auckland would have missed out on a great event.

One of BMW Oracle’s two yachts to be used in the Louis Vuitton Pacific Series. Photo copyright Emirates Team NZ

Nothing has been too much trouble for the harbour master and police who have made it possible to run the races close in to the shore. Courses will be laid right across the approaches to the busy commercial port so that spectators on shore can share the action.

The Royal New Zealand Yacht Squadron is organising on-the-water activity. They have brought together a large number of volunteers to man the fleet needed for course and racing officials - the umpires, marshals, mark layers and the “ferries” to get race crews on and off the yachts.

It’s a big job but the Squadron, with a couple of Louis Vuitton Cups and America’s Cups behind it, is well-practiced at handling the logistics of a big regatta.

While all the on-the-water activities are being worked through, Louis Vuitton, Auckland City, the people at Viaduct Harbour Marine Village and SKYCITY are working to ensure the race village and on-shore entertainment becomes a reality.

And, because a large number of international journalists are expected to be in Auckland for the regatta, Tourism New Zealand and Tourism Auckland are working to ensure that we miss no opportunity to promote New Zealand and the region.

TP52 Programme

It’s good to see the TP 52 project coming together so well. We will campaign the TP 52 on the Med Cup circuit, one of the most competitive on the international racing calendar. Five regattas (in Spain, Portugal, France and Italy) are planned in 2009, the first in the third week of May.

Our yacht is due to be shipped to Europe in March after sea trials have been completed. A workshop container and chase boat will travel with it.

A TP 52 has a crew of 15. The regattas will give the core sailing crew the chance to sail together, an essential part of the buildup to the next America’s Cup.

The TP 52 project is being funded by Emirates and staunch supporter of the team Matteo de Nora.

Top: Emirates Team New Zealand boat builder Peter Ockleston and Colin Driver. Bottom: Some of the TP 52 build team: Ian McLean, Anthony Murray, Andy Howden and Mark Borley show off their handiwork. Photo copyright Emirates Team NZ

America’s Cup

Meanwhile the America’s Cup saga continues: Alinghi is proceeding to organise a multi-challenge America’s Cup for 2010 even though the Oracle appeal in the New York courts has still to be resolved.

Oracle’s Larry Ellison has told Alinghi that it would not enter the event by Alinghi’s December 15 deadline (and as a pre-condition withdraw its legal challenge) and would persevere with the appeal.

That leaves two possible outcomes: Oracle’s appeal is dismissed and the Spanish yacht club CNEV is confirmed as the challenger of record and a multi-challenge America’s Cup is back on track.

Oracle wins the appeal and a Deed-of-Gift challenge is sailed in the multihulls, in Oracle’s case a 90ft trimaran which the team has been trialing off San Diego. Alinghi’s multi-hull has yet to be seen in public.

The outcome is unlikely to be known for some months.

The team thanks our suppliers and sponsors for their patience and continued support. It’s comforting to know they’re behind us.

Season’s greetings to everyone.

Grant Dalton

Back in the sun … after more than a year in the shed, NZL 92 gets ready for racing. Photo copyright Emirates Team NZ

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

You can’t just turn up in the RC44 class and expect to win, but today saw the new owners come to the fore in the Puerto Calero RC44 Gold Cup in Lanzarote. Torbjorn Tornqvist steered Artemis to victory in the long distance race for the DHL Trophy, and local owner Daniel Calero came second.

Puerto Calero, December 13 2008 – Saturday saw the RC44 fleet compete for the DHL Trophy, the long distance race which on this occasion was a 15-mile race along the coast to Arrecife Airport and back to Puerto Calero. Dean Barker called some good wind shifts up the windward leg to the first turning mark near Puerto Calero, allowing Torbjorn Tornqvist to steer Artemis into a small lead ahead of the chasing pack.

The RC44 fleet races in the RC44 Gold Cup. Puerto Calero, 13 December 2008. Photo copyright Pierre Orphanidis / Valencia Sailing

However, Patrick de Barros is the proven master of the long distance format in the RC44 fleet, and gradually the Portuguese owner steered Banco Espirito Santo to within striking distance of Artemis on the final reach to the finish. Just as it looked like these two might be in for a photo finish, one of the Portuguese crew lost his footing and suddenly de Barros was forced to tack round and fish his man out of the Atlantic.

It was a quick man-overboard recovery, and no one was harmed, but it did allow Artemis to race home to an easy victory, with local boys on Islas Canarias Puerto Calero sweeping past to second place ahead of Banco. Daniel Calero was delighted after a frustrating week of gear breakdowns and poor crew work. Today his team showed real signs of improvement and they could well be a force to be reckoned with by the time the fleet returns next February for the first event of the 2009 RC44 season.

Locals Islas Canarias Puerto Calero sailing into second place in the DHL Trophy. Puerto Calero, 13 December 2008. Photo copyright Nico Martinez

Even if Patrick de Barros was upset not to win the day, his third place at least secured him a comfortable overall season victory for the DHL Trophy. He also had a good outing in the two windward/leeward heats which took place before the long distance race.

In the first race it didn’t start at all well for de Barros as he was called back after breaking the line by little more than a second. Russell Coutts now had his work cut out as tactician, but managed to grind Banco back into the pack, eventually claiming third across the line. This race should have been Artemis’s for the taking, as Tornqvist led nicely into the leeward mark. Instead of rounding it, though, the Swedish boat smacked the mark, forcing Tornqvist into a penalty. In so doing, he failed to keep clear of BMW ORACLE Racing and by the time he had completed all his penalty turns the Swede was back in last place, although Artemis would eventually pull back to fourth at the finish.

It was an average day for Igor Lah and his Team Cereef. Puerto Calero, 13 December 2008. Photo copyright Pierre Orphanidis / Valencia Sailing

Team Aqua was the boat to profit most from this leeward mark mayhem, with Chris Bake stealing the lead up the final beat and taking the winner’s gun ahead of Team Ceeref.

In the second race, Aqua had a brief spell at the front of the fleet on the first beat, but with the 18-knot wind flicking from side to side in dramatic fashion, the United Arab Emirates lead was shortlived. In fact Aqua would eventually slide to the back of the fleet through no major error other than falling out of phase with the wind shifts. It was Larry Ellison’s turn to lead around the windward mark as BMW ORACLE Racing surged down the run ahead of the pack. Towards the top of the final beat, however, Coutts had found some good shifts and Banco Espirito Santo sneaked around ahead of the Americans. De Barros did a gybe-set out to sea, Ellison continued shoreside, but the Portuguese move proved to be a winner. A good day for de Barros and his crew.

Not such a good day for Team Ceeref, with Igor Lah just turning in average set of scores. Fortunately for him, no one else has managed to find much consistency. So going into the final day of competition the Slovenian boat still holds a useful points advantage over a tight-knit bunch of three - Banco Espirito Santo, BMW ORACLE and Team Aqua.

Tomorrow the Puerto Calero RC44 Gold Cup concludes after the final three fleet races, with the prizegiving due to take place later in the afternoon.

The RC44 fleet races in the RC44 Gold Cup. Puerto Calero, 13 December 2008. Photo copyright Pierre Orphanidis / Valencia Sailing

Quotes of the day

Patrick de Barros, owner, Banco Espirito Santo: “In the inshore racing we had a third and a first, we’re very pleased. We were very fast downwind, the crew did a fantastic job downwind. On the long distance we lost one of our crew overboard. We tacked back and grabbed him, threw him back in the boat. We were racing with Artemis for the lead at the time.”

Igor Lah, owner, Team Ceeref: “A tough day. The distance race is not our speciality. We tried to do our best but it didn’t work out. I don’t know why, something doesn’t work. In the other races it was an average day. We didn’t lose a lot, so everything is still open.”

The absence of Russell Coutts from the BMW Oracle boat was evident today. Larry Ellison had a mediocre day, scoring a last in the DHL Trophy. Puerto Calero, 13 December 2008. Photo copyright Pierre Orphanidis / Valencia Sailing

Mark Mendelblatt, tactician, BMW ORACLE Racing: “Apart from Ceeref, it’s probably pretty darn close between us. Whoever does the best job is going to get second. We don’t want anything horrible to happen to Ceeref, but anything’s possible. Hopefully tomorrow we’re going to come out blazing.”

Daniel Calero, owner, Islas Canarias Puerto Calero: “I feel very good. The motivation was really high among the crew. That counts for a lot in a boat. In my opinion, 90% of the performance of a boat is motivation. After days of try and fail, try and fail, try and fail, finally we are getting somewhere. We didn’t fail too much today. We really enjoyed the long distance race.”

The RC44 fleet races in the RC44 Gold Cup. Puerto Calero, 13 December 2008. Photo copyright Pierre Orphanidis / Valencia Sailing

Torbjorn Tornqvist, owner, Artemis: “Good moments and bad moments. We had a good start in the first race, but we came too close to the leeward mark and hit it, and had to do a turn. It’s not a fun thing to do, but these things happen. It’s a new boat, our first regatta. Finally in the coastal race we got a good start, found the groove, we did a good race tactically, didn’t make any mistakes. The RC44 - it’s a fun boat to drive and I enjoy it a lot.”

Chris Bake, owner, Team Aqua: “We got the first race right, crew work was good, we were back to our old selves. To do well in these boats, everything has to go right. If you’re slow off the start, or slip up at a mark, or get out of phase with the wind, then you’re toast. In the second race our two upwinds were just sailed badly, going in the wrong direction for too long in the wrong breeze.”

Torbjorn Tornqvist won the coastal race but had average results in the other 2 windward/leeward race. Puerto Calero, 13 December 2008. Photo copyright Pierre Orphanidis / Valencia Sailing

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

Related PDF files

- Highlights of GGYC Court of Appeals Reply Brief

- GGYC Court of Appeals Reply Brief

HIGHLIGHTS OF GGYC’S RESPONSE TO SNG AND CNEV BRIEFS
AT THE NEW YORK STATE COURT OF APPEALS
December 5, 2008 – Today, the Golden Gate Yacht Club (GGYC) submitted its reply brief to the New York State Court of Appeals in its suit over the future
the America’s Cup. The San Francisco-based club is asking the court to declare GGYC the legitimate Challenger of Record, and to reinstate the initial Supreme Court ruling that Club Náutico Español de Vela’s (CNEV’s) challenge in 2007 to Société Nautique de Genève (SNG), the Swiss club that holds the Cup, is invalid under the “Deed of Gift,” the 19th century document that governs the oldest trophy in international sport.

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

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Alessandra Pandarese’s reply to AC Management

Mascalzone Latino’s General Counsel Alessandra Pandarese replies to AC Management’s email in which the America’s Cup organizers asked for additional documents regarding the establishment of the Reale Yacht Club Canottieri Savoia. Here below the letter sent today:

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

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Russell Coutts’ Reply Letter to AYRE Challenge

Less than 24 hours after receiving Pedro Perelló’s, AYRE Challenge CEO, open letter, Russell Coutts, BMW Oracle CEO, replies with another open letter that provides a number of important points.

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

Related PDF files

Russell Coutts’ Reply Letter to AYRE Challenge

Less than 24 hours after receiving Pedro Perelló’s, AYRE Challenge CEO, open letter, Russell Coutts, BMW Oracle CEO, replies with another open letter that provides a number of important points.

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

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

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:

• BOR 90 “makes my cat[amaran] look like a Volkswagen . This thing is like bigger, faster, better, and they’ve done a great job in bringing all the technology together in this boat.”
  
• “The whole sailing world will benefit by having this out on the race course in a lot of different ways.”
  
• “I applaud Larry Ellison for building this boat. I’d like to see it race and I’d like to see Larry win because Alinghi is trying to shanghai the event.”

No Strings Attached?

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

Related PDF Documents

SNG Brief 13-11-2008

CNEV Brief 13-11-2008

Amicus brief from the City of Valencia 13-11-2008

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