Please select your home edition
Edition
RCSR 2026 top

Commentary- Blame the NY court system for Cup's legal malaise

by Damian Christie on 30 Sep 2009
The current legal impasse would have be obviated had Ciparick’s Decision in 1988 been upheld by the New York Court of Appeal BMW Oracle Racing Photo Gilles Martin-Raget http://www.bmworacleracing.com

The America’s Cup is in a legal deadlock now not just because of the intransigence of its Swiss masters and the American challenger, but also because of the erroneous rulings that the New York court system made two decades ago on the outcome of the 1988 catamaran/big boat mismatch.

It has always been my opinion that Judge Ciparick got it absolutely right in her March 1989 ruling that proposed disqualifying the San Diego Yacht Club for its use of a catamaran against New Zealand’s monohull challenger in the Cup match. On that occasion she ruled that a broad reading of the notice of challenge provision in the Deed of Gift strongly indicated that the Cup donor had intended that the defending yacht would relate in some way to the challenger’s specifications, and therefore the boats would be similar and, as she put it, 'somewhat evenly matched'. Notwithstanding the fact that the Deed uses no express language to promulgate that the competing boats must be alike, it is ridiculous to assume that this would not have been George Schuyler’s intention.

Mr Schuyler himself confirmed as much when he spoke about the third drafting of the Deed in the interview he gave to the New York Times in May 1890: 'The main reason we ask for the load waterline length, draught of water, beam at the waterline and extreme beam is to know what kind of a vessel we have to meet. I believe the challenged party has a right to know what the yacht challenging is like, so it can meet her with a yacht of its own type if it is so desired.'
The fact that the Deed explicitly specifies that the challenger’s 'dimensions shall not be exceeded' is consistent with Mr Schuyler’s comments – it was always his intention that the defender would build a comparable yacht to the challenger (ie of similar size and dimensions, such as the prominent sailing boats of the time such as cutters and schooners), thereby securing a fair contest.

It would also give the defender recourse to disqualify the challenger for exceeding the specified dimensions because it could argue it had built a boat to the notice of challenge specifications in good faith, eg if a challenger had nominated a LWL of 60 feet in its notice of challenge, the defender had built a yacht of 60 feet LWL but the challenger had turned up with a boat that was 90 feet LWL, then surely the New York Yacht Club would have had reasonable grounds to disqualify the challenger.

Even allowing for Mr Schuyler’s statements that 'we would be content to meet the challenger [whose LWL is 90 feet] with a boat four feet shorter' and that the defender would meet the challenger with a comparable yacht 'if it is so desired' (an unfortunate turn of phrase in my opinion that does not in any way imply his endorsement of a future catamaran defence!), it is both ridiculous and illogical for both the courts and Golden Gate Yacht Club and Société Nautique de Genève to conclude that it was his intention that the Cup could be contested by such radically different vessels, whether that be a catamaran vs a monohull or a catamaran vs a trimaran.

As Judge Ciparick concluded in her 1989 ruling, the notice of challenge provisions would be 'rendered meaningless' if the defender could respond with any yacht or vessel whose measurements did not relate to those of the challenger.
By that logic, for example, would it have mattered if in 1988 the KZ1 big boat had been ruled to be 92 feet LWL when the US catamaran was only 60 feet? How could that have been such a massive disadvantage for the defender when they were not even sailing (by choice) an identical, or inferior, boat?

Similarly, it is ludicrous for SNG to be arguing in its latest court submission that GGYC’s yacht must 'match' the dimensions in its notice of challenge – ie 90 feet LWL by 90 feet beam on load waterline- when its own yacht, also designed to the maximum LWL and BLW, is so radically different again. Even the way SNG is deviously proposing to measure the yachts (including rudders and other appendages in the LWL) is inconsistent with Mr Schuyler’s vision – it is likely another reason the challenging yacht’s dimensions were requested in advance was so there could be no confusion or illusion about the way in which the contesting yachts would be measured. Yet SNG is expecting GGYC’s yacht – a trimaran - to comply with a measurement system that is blatantly biased towards its catamaran.

The simple fact is that the New York court system got it wrong two decades ago when it upheld the outcome of the 1988 Cup defence – and both the America’s Cup and sailing in general are paying the price for it today. The New York court today is required to abide by an erroneous precedent that has merely opened up a legal can of worms for SNG and GGYC’s lawyers to exploit. The language in the Deed of Gift is quite simple and logical in a broad reading (especially when you consider the historical factors behind some of the clauses), yet the New York courts’ insistence on a literal interpretation of the Deed has meant that the lawyers of both parties have sought to stretch some of its more ambiguous statements (eg 'having', 'exceeded') beyond credulity.

Damian Christie, Melbourne, Australia
Pantaenius 2022 - SAIL & POWER 2 FOOTER ROWSelden 2020 - FOOTERZhik 2024 December

Related Articles

International Moth Worlds at Lake Garda Day 4
Balanger dominates qualifying, storm cuts Gold fleet racing short Day four of the 2025 Moth World Championship opened at dawn with another early start for the 137 athletes from 25 nations competing on Lake Garda.
Posted today at 5:47 pm
iQFOiL Worlds in Aarhus overall
Thrilling Medal Series closes out a spectacular week of high-stakes foiling in Denmark The 2025 iQFOiL World Championship wrapped up in Aarhus with a spectacular Medal Series showdown that saw Emma Wilson (GBR 7) and Andy Brown (GBR 360) rise to the top and secure World Championship titles.
Posted today at 5:37 pm
Rolex Fastnet Race IRC Three preview
This has produced the overall winner of two of the last six editions IRC Three may consist of smaller, slower and in some cases older boats than those that will garner headlines in the first couple of days of the Rolex Fastnet Race.
Posted today at 4:12 pm
Zhik Nordic Youth Sailing Championship preview
This year's regatta will be the largest of its kind ever hosted in Tallinn Tallinna Yacht Club brings one of the biggest sports events of the summer to Haven Kakumäe - 300 young sailors expected at the Zhik Nordic Youth Sailing Championship, plus just as many supporters on shore!
Posted today at 3:00 pm
18th Puig Vela Clàssica Barcelona day 1
Opening victories and nautical splendor This week, Barcelona once again takes center stage in the world of classic sailing as the 18th edition of the Puig Vela Clàssica gets under way. The opening day delivered ideal conditions for a spectacular display on the water.
Posted today at 12:28 pm
Rolex Fastnet Race: IRC Two Preview
With 73 entries in IRC Two, the Rolex Fastnet Race is set to deliver a striking display. Could two new JPK 1050s upset the apple cart in IRC Two? Jean-Pierre Kelbert has a habit of breaking the mould in IRC racing, and his new 34-footer may well be a game changer in this competitive division with 73 entries.
Posted today at 10:36 am
Dragon Edinburgh Cup in Torbay overall
Tight Racing and Tactical Brilliance The final day of the 2025 Edinburgh Cup brought sunshine, shifting breeze, and two exciting races that kept the championship wide open until the very last run.
Posted today at 8:13 am
Seldén Rodkicker 50 - manual rigid vang
Specifically sized for yachts between 50 and 55 feet A Rodkicker rigid vang is designed to enhance sail handling during reefing and allows for greater sail trim control.
Posted today at 8:00 am
WASZP Games 2025: Talent & fun descend on Weymouth
Poised to be the largest and most competitive in the class's history The 2025 International WASZP Games, set to take place from July 19–25 at the Weymouth & Portland National Sailing Academy, are poised to be the largest and most competitive in the class's history.
Posted today at 7:23 am
Transpac 2025 Update: Moon River Tonight!
The magic of offshore racing in the 2025 Transpac A vast ocean separates Los Angeles, California, from Honolulu, Hawaii, but the boats racing in this year's Transpac have now crossed the halfway mark. Race leaders are in the tradewinds and making their approach to the Aloha State.
Posted today at 12:26 am