Let the Court Decide

This past week, two prestigious yacht clubs – both former Trustees of the America’s Cup -and a former America’s Cup winner filed “friends of the court” briefs supporting our position to reinstate the trial court ruling that the challenge made by CNEV (the sham Spanish “yacht club”) is invalid and to declare GGYC the legitimate Challenger of Record for AC33. Among those filing briefs were the New York Yacht Club, the San Diego Yacht Club, and America’s Cup winner Bill Koch. These briefs complement an “amicus” filed last year by Reale Yacht Club Canottieri Savoia (RYCCS) of Naples, Italy and the Mascalzone Latino yachting syndicate. Each of them made powerful arguments.

Other noteworthy events regarding our court case:

On Dec. 5, we filed our reply brief to the New York State Court of Appeals. You can read excerpts on the GGYC website.

On Dec. 8, GGYC Commodore Marcus Young sent a letter to SNG Commodore Pierre-Yves Firmenich officially informing him that GGYC and BMW ORACLE Racing would not submit an entry by December 15, the arbitrary deadline for entering the regatta being planned by Alinghi and SNG. This, he wrote, would be a regatta “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 [SNG's] continuing reckless disregard for the Deed of Gift.”

Commodore Young added, “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.”

In an interview with AP, Larry Ellison summed up our position, “[T]hey want us to agree to this set of rules, but they won’t tell us what the rules are, which is typical of Ernesto . It’s crazy.”

On Dec. 20, when we finally saw the rules – five days AFTER the deadline for entering AC 33 – we saw why Ernesto was reluctant to share them. Among other things, he and his management group STILL can change the rules at any time AND throw out competitors for any reason. None of the changes in the draft Protocol address the 10 Points in our plan for a fair Cup.

Oral arguments are set for Feb. 10; the court is expected to rule by the end of March.

Enhancing the Appeal of the America’s Cup

During a panel discussion on “The Future of the America’s Cup After AC32,” at the inaugural World Yacht Racing Forum in Monaco, Tom Ehman outlined the six elements “required to enhance the appeal of the America’s Cup for fans and sponsors and retain its status as yacht racing’s pinnacle event”: preserving the integrity of the America’s Cup as a challenge race; achieving fair and competitive AC rules; securing participation by all the top teams; cutting cost; incorporating the latest in sailing technology; and making the America’s Cup the centerpiece of a robust calendar of international sailing events.

On the Water

In late November, we completed Phase I of the trimaran sea trials in San Diego. We are pleased with the boat’s performance, what we’ve learned, and the skills we’ve gained. Several media outlets – CBS and ABC in the United States, the International Herald Tribune/The New York Times and AP – visited the base, saw the boat in action and wrote or broadcast stories. We will modify the boat and return it to the water in San Diego later this month.

In mid-December, Larry Ellison, Russell Coutts, Jimmy Spithill and others were in the Canary Islands for the final RC 44 event of the year – the Puerto Calero RC44 Gold Cup. The BMW ORACLE Racing entry, helmed by Ellison, finished second for the match racing season behind Spithill. Our December 15 release has more details. Congratulations to our team and all our competitors!

Finally, two of our boats – USA 87 and USA 98 – are now in Auckland for the Louis Vuitton Pacific Series which will start at the end of this month. Our boats, along with New Zealand’s, will enable 12 teams to compete. Ten teams, including BMW ORACLE Racing and Alinghi, have entered so far.

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

[Source:Team Origin] Today the Royal Thames Yacht Club, London, UK together with TEAMORIGIN, the British Challenger for the 33rd America’s Cup, filed a request with the New York Court of Appeals to accept an Amicus Brief as a ‘friend of the Court’ in support of the Société Nautique de Genève. The purpose of this Amicus Brief is to request the Court to confirm the order of the Appellate Division, thus allowing the 33rd America’s Cup to move forward as proposed in the latest Protocol document as issued by Alinghi, Club Nautico Español de Vela (CNEV) and the 19 Challenging Teams on the 22nd December 2008.

Sir Keith Mills, Team Principal of TEAMORIGIN commented “Together with the Royal Thames Yacht Club, we have decided to issue this Amicus Brief today to make a very specific point that I feel has not yet been highlighted : notwithstanding the legal status and opinions about CNEV and the original Protocol document as issued back in 2007, the more significant point to note is that throughout the Royal Thames’ and TEAMORIGIN’s involvement in the 33rd America’s Cup, CNEV in its capacity as the Challengers accepted ‘Challenger of Record’ has collaborated and engaged with us and the other 19 Challenging Teams in the development of a new, fair and improved Protocol.

He continued “We have invested considerable time and effort, expertise and expense along with Alinghi as Defender, CNEV and the other Challengers in the development of the latest Protocol and I firmly believe this will lead to the most inclusive and successful America’s Cup we’ve ever seen . No one wishes to see all this good work undone at this advanced stage, nor the significant costs and time spent thus far wasted.

Peter Haslehurst, Vice Commodore of the Royal Thames Yacht Club, added “The Royal Thames Yacht Club is the oldest Royal Yacht Club in Britain. We were the Challenging Yacht Club for the first America’s Cup in 1870 and formed an alliance with TEAMORIGIN in July 2007 with a view to entering a fair and thrilling 33rd America’s Cup event. We have been extensively involved in the debates and discussions concerning the development of the Protocol for the 33rd America’s Cup and we see this as an ongoing collaborative process that will continue into 2009. We are satisfied that many of the previously identified issues raised about the original Protocol have now been overcome and look forward to the ongoing development during the coming year. With this Amicus Brief, we urge the Court to confirm the order of the Appellate Division and let the 19 teams move forward and compete in the 33rd America’s Cup event.

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 title is simply the number of spinnakers Alinghi ripped in the first race of the Desafío Trophy, one in the first run and two in the second. The opening day of CNEV’s annual regatta took place under, unfortunately, very light conditions and after a 2-hour postponement. This shouldn’t come as a surprise since during the whole this has been the weather pattern teams have encountered during their training sessions.

Two races were sailed, the first one was won by Team Origin and the second one by Alinghi. Both teams are tied at 4 points after having also scored a 3rd. Desafío and Luna Rossa are tied at 6 points with a 2nd and a 4th each.

Here’s the three spinnakers Alinghi ripped today. The full report and pictures to follow in a couple of hours.

Alinghi rips spinnaker one. Valencia, 7 November 2008. Photo copyright Pierre Orphanidis / Valencia Sailing

Alinghi rips spinnaker two. Valencia, 7 November 2008. Photo copyright Pierre Orphanidis / Valencia Sailing

Alinghi rips spinnaker three, 5 minutes after hoisting it. Valencia, 7 November 2008. Photo copyright Pierre Orphanidis / Valencia Sailing

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

[Note: My apologies for this late report but I've had problems with the mp3 file from the press conference. Some users might be unable to listen to it but the most important parts are found in the article]

The second edition of the Desafío Trohpy was presented this morning in Valencia, in the Desafío base. The regatta is organized by the Club Náutico Español de Vela (CNEV) and will take place from tomorrow Friday until next Sunday, off Valencia’s coast. There are around 70 cruising boat already registered and for the first time, 4 America’s Cup teams will also race. Desafío, Alinghi, Team Origin and Luna Rossa will hit the start line in the well known Malvarosa race area after more than 15 months of virtual inactivity, as far as the America’s Cup is concerned.

For anyone even remotely interested in the America’s Cup, this is not just any regatta. It is the annual regatta organized by the CNEV (current Challenger of Record) and as such it steals the spotlight. It is also the key issue in the current litigation, mainly its timing, as its first edition took place AFTER the newly-created CNEV challenged Alinghi in July 2007. This website will not try to opine on whether CNEV is a valid yacht club to present a challenge in the America’s Cup but tries to report on what was said as accurately as possible. After all, Justice Cahn decided it was not a valid yacht club only to see his decision overturned by the Court of Appeals.

Skippers briefing at the presentation of the 2nd Desafío Trophy. From left, Javier Moner (representing the 70 amateur boats), Robert Scheidt (Luna Rossa strategist), Ben Ainslie (Team Origin helmsman), Murray Jones (Alinghi strategist), Laureano Wizner (Desafío helmsman) and Manuel Chirivella (CNEV president)

The opening speech was made by Manuel Chirivella, president of the CNEV and vice-president of the Spanish Sailing Federation (RFEV). I wouldn’t say he sounded victorious but with an appeal court win under his belt, Chirivella was definitely more confident than in previous public appearances. He mentioned there were around 70 cruising yachts already registered and, of course, stressed the fact that 4 America’s Cup teams would race for the first time.

Laureano Wizner, 2nd helmsman of Desafío, was the first skipper to talk to the journalists. Paul Cayard was scheduled to helm the Spanish boat but since he has problems finding flights to return to Valencia, according to Wizner, he will steer ESP-97 until Cayard comes back.

On behalf of Alinghi spoke Murray Jones. Although his usual role in the America’s Cup Defender is strategist, Jones will be helming SUI-100 during the Desafío Trophy since Ed Baird is taking part in another regatta. According to Jones, the crew is a little rusty but it is a nice feeling to “get the boys back together” and sail on SUI-100 once again.

Practice race on the eve of the 2nd Desafío Trophy. Valencia, 6 November 2008. Photo copyright Carlo Borlenghi

Next in turn was Ben Ainslie, 3-time Olympic gold medalist and Team Origin helmsman. As it was expected, he thanked Desafío for lending their boat and defined this regatta as a “huge learning opportunity” since it will be the first time they take part in an official regatta as a team.

Finally, Robert Scheidt spoke on behalf of Luna Rossa. The Brazilian silver Star medalist in Qingdao is the strategist of the Italian team, while Peter Holmberg will helm ITA-94. Scheidt is a newcomer to Luna Rossa, as is a part of the crew that will be a mixture of new and familiar faces and will also make its maiden appearance after more than a year and the departure of James Spithill and other key members to BMW Oracle. Scheidt expressed his gratitude to the CNEV for organizing the regatta and stated the team was once again motivated to race.

[Note: According to the Bitter End Yacht Club website, Cayard and Baird are currently racing in the 2008 Pro Am Regatta in the British Virgin Islands]

Start of the practice race. Valencia, 6 November 2008. Photo copyright Carlo Borlenghi

Given the controversial nature of CNEV it was more than natural that the majority of questions asked by the journalists present in the conference room would focus on the Challenger of Record. According to CNEV’s statute, it is located in the Desafío base. As a result, an obvious question from one journalist, was whether at some stage the CNEV will have its own facilities, such as buildings or pontoons where its members could dock their yachts. According to Chirivella, there is another example of a well-known yacht club that uses third-party facilities, the Yacht Club of Monaco.

Another question touched the timing of the final judicial decision and whether any of the parties would still have the right to appeal. The journalist erroneously asked when we should expect Justice Cahn’s final decision only to be interrupted by Chirivella who jokingly said that “Cahn is out, the same person that never makes any mistakes and always wins his cases, has nothing to do now”. According to Chirivella, unless BMW Oracle withdraws the lawsuit, we should expect a decision during the 2nd quarter of 2009.

The final question and its reply were probably the funniest part of the whole press conference. Just like any other yacht club in the world, members have the right to use its facilities, together with their families, for social activities. As a result, commented one of the journalists, some time in the future we should expect to see families, children and guests wondering around the base. “That’s true”, replied Chirivella. Of course, the obvious follow up question was whether an America’s Cup base is ready to have people dining, walking and children playing while sailors and the shore crew are working on the boats. “That’s a possibility”, answered Chirivella.

Regardless of whether Desafío installs a swimming pool on the rooftop of the boatshed it is great to see the America’s Cup Port buzzing once again, even if it’s with only 4 teams.

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

Good morning from Puerto, where the world’s elite is racing in the TP52 World Championship. Check the official website at www.tp52worldchampionship.com for all the news, photos and, of course, the live stream using the Virtual Eye technology.

The news today comes from Valencia, where it will be shortly announced that Alinghi, Desafío and Luna Rossa will take part in the 2nd Desafío Trophy with their V5 America’s Cup yachts. All three teams will race with 2 yachts, at least according to the latest information we have.

The Desafío Trophy is of course the annual regatta organized by the Club Náutico Español de Vela (CNEV) in Valencia and will be held on November 8 and 9. It also appears that some other team, probably Team Origin, will join the other three in the regatta.

Unfortunately, my obligations in Puerto Calero don’t allow me to take pictures from the America’s Cup Port and the team bases. After many months of inactivity, the Luna Rossa base is busy once again, with the shore crew preparing the yachts.

Last but certainly not least, I hope to have another exclusive photo (just like the good old times) of Luna Rossa’s brand new STP65 that is expected to arrive in the team’s base in Valencia, during the first week of December. Patrizio Bertelli’s yacht will be the 5th in this class

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

Good morning from Puerto Calero, where the world’s elite is racing in the TP52 World Championship Islas Canarias – Puerto Calero. Check the official website at www.tp52worldchampionship.com for all the news, photos and, of course, the live stream using the Virtual Eye technology.

The news today comes from Valencia, where it will be shortly announced that Alinghi, Desafío and Luna Rossa will take part in the 2nd Desafío Trophy with their V5 America’s Cup yachts. All three teams will race with 2 yachts, at least according to the latest information we have.

The Desafío Trophy is of course the annual regatta organized by the Club Náutico Español de Vela (CNEV) in Valencia and will be held on November 8 and 9. It also appears that some other team, probably Team Origin, will join the other three in the regatta.

Unfortunately, my obligations in Puerto Calero don’t allow me to take pictures from the America’s Cup Port and the team bases. After many months of inactivity, the Luna Rossa base is busy once again, with the shore crew preparing the yachts.

Last but certainly not least, I hope to have another exclusive photo (just like the good old times) of Luna Rossa’s brand new STP65 that is expected to arrive in the team’s base in Valencia, during the first week of December. Patrizio Bertelli’s yacht will be the 5th in this class

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

Once again, Jaume Soler, one of Spain’s most authoritative sailing journalists, informs us in his blog about the latest news concerning the Spanish Sailing Federation (RFEV). As of yesterday, the presidential campaign has officially started.

Why should you care about the presidential elections of the Spanish Sailing Federation? Because its outcome might play a significant role in the legal process currently affecting the America’s Cup.

The election process is quite long and tedious, taking almost two months, from yesterday until December the 17th, when the final winner will be officially proclaimed. This is due to the elaborate and complicated procedure that exists. In a process similar to the US presidential elections, all eligible voters will first elect an electoral body of approximately 60-70 electors who then in their turn vote for the president of the national federation. Unlike the US system, these electors have no obligations whatsoever to “pledge” themselves to any presidential candidate. They are free to cast their vote for any candidate, regardless of what they might have declared at any time.

In principle all Spanish sailors, card-carrying members of one of the 17 regional federations, that have participated in a national or international regatta sanctioned by the RFEV, are eligible to vote. As a result, one can easily see there is a considerable number of potential voters, according to some estimates they must be around 3,000.

Although no candidate has been officially declared there are two men that have publicly stated their intention to run. The first one is the incumbent Gerardo Pombo and the second one is Manolo Nadal, from the island of Menorca and Commodore of the Club del Mar in Palma. It is important to note that the vice-president and the directorate of the Federation are not elected but will be chosen by the winner of the presidential vote.

If Pombo gets reelected there will obviously be no change in the current state of affairs. On the other hand if Nadal is elected, there might be a significant change. First of all, he has publicly stated that the Federation should have no direct participation in the America’s Cup in no way whatsoever. According to him, it is not the Federation’s job to form teams or yacht clubs that take part in the world’s oldest sports competition. The Federation might provide assistance in the organization of the event in Valencia but it will not compete.

Secondly, Manuel Chirivella, vice-president of the federation and CNEV president, is not what one might call a friend of Nadal’s, quite the contrary. As a result, if Nadal is elected he, and the rest of directors, will lose their position in the federation. The CNEV will then be in the awkward situation of not having any relation to the federation. What could that result in? In the meantime, and since it’s the Challenger of Record, the CNEV will organize the second edition of its annual regatta, here in Valencia, on November 8 and 9.

Let’s hope these elections don’t do any more damage to what is supposed to be the most prestigious event in sailing.

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

It was one of BMW Oracle’s arguments in their legal battle against Alinghi. The Americans had stated that CNEV “has no vessels, no telephone number other than that of the base facility of its racing team, and no web site”. Well, it appears that at least as far as the website is concerned, BMW Oracle’s lawyers might not be able to use it as an argument anymore.

The website of the Challenger of Record for the 33rd America’s Cup is www.clubnauticoev.com. A quick check at their internet registry reveals that the domain name was bought on September 6th, meaning the yacht club’s internet presence was set up during last week.

The website is in Spanish and on its homepage appears one of the probably most important information, the Notice of Race of the 2nd edition of the Trofeo Desafío Español. This is the annual regatta the yacht club is organizing in order to fulfill one of the Deed of Gift’s main prerequisites in order to challenge for the America’s Cup. The regatta will once again take place right here in Valencia, not surprising since the CNEV is also based here, on Saturday and Sunday, November 8th and 9th. In last year’s edition 80 boats participated, mainly from Valencia and its region, and although there is no mention of that in the website, it wouldn’t surprise us if the same numbers were achieved this year as well.

It also appears the CNEV finally has its own phone number as well as email contact address and its press officer is Neus Jordi, also press officer of the Spanish Sailing Federation (RFEV).

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

It was one of BMW Oracle’s arguments in their legal battle against Alinghi. The Americans had stated that CNEV “has no vessels, no telephone number other than that of the base facility of its racing team, and no web site”. Well, it appears that at least as far as the website is concerned, BMW Oracle’s lawyers might not be able to use it as an argument anymore.

The website of the Challenger of Record for the 33rd America’s Cup is www.clubnauticoev.com. A quick check at their internet registry reveals that the domain name was bought on September 6th, meaning the yacht club’s internet presence was set up during last week.

The website is in Spanish and on its homepage appears one of the probably most important information, the Notice of Race of the 2nd edition of the Trofeo Desafío Español. This is the annual regatta the yacht club is organizing in order to fulfill one of the Deed of Gift’s main prerequisites in order to challenge for the America’s Cup. The regatta will once again take place right here in Valencia, not surprising since the CNEV is also based here, on Saturday and Sunday, November 8th and 9th. In last year’s edition 80 boats participated, mainly from Valencia and its region, and although there is no mention of that in the website, it wouldn’t surprise us if the same numbers were achieved this year as well.

It also appears the CNEV finally has its own phone number as well as email contact address and its press officer is Neus Jordi, also press officer of the Spanish Sailing Federation (RFEV).

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