Gladwell's Line- Swiss fail to back latest America's Cup moves

by Richard Gladwell on 19 Dec 2009
In the 'He ran, She ran' crazy world of the America's Cup, it seems that the deal to change the dates on the 33rd Match and run with an extended regatta are no more, and that Societe Nautique de Geneve have backed away from undertakings given earlier today.

Sources in Valencia advised Sail-World that the arrangement made by SNG representatives in Valencia had not been confirmed by their Swiss masters.

It would seem therefore that the regatta which was to be a best of seven series, spanning two weekends, will now revert to the Court sanctioned best of three regatta starting on 8 February 2010.

The Mayor of Valencia, Rita Barberá, who had been broking a deal between the warring parties to turn the 33rd America's Cup into a sailing spectacle, is said to be rather unimpressed with the latest developments.

Organisation of the shore side of the regatta had been arranged to be undertaken by the city/consorcio, but that is now believed to be overturned, as well. Such an arrangement would have left the Swiss to run the on-the-water side of the regatta, while the City undertook the cost, organisation and promotion of the event as well as arranging the media centre and other social events.

If the reports are correct of the backtrack on the arrangements negotiated over the past few days, including a one day meeting in Sydney between the parties and the Expert Panel/Int Jury, then it is possible that a bare bones Match will be staged - almost a private race, with media and spectators left to their own devices.

Certainly the timing has become very difficult, and arranging television coverage will not be easy, let alone finding slots in long booked TV and satellite schedules, meaning that most of the coverage is likely to be handled via the Internet. There would be no media rights, as such and the event would become a media free for all.

Sources also advised Sail-World that Michel Hodara, who headed up the America's Cup Management organisation for the 32nd America's Cup in Valencia had been hired by City to undertake a similar role with the shore facilities and organisation of the 33rd America's Cup.

However that arrangement would now appear to be in limbo as a result of the latest developments.

The City's co-operation is essential both in terms or allowing facilities to be changed to accommodate the teams, as is the co-operation of the Defender on the water, with the port authorities, to allow racing to actually take place - unless this was done on waters outside the control of the port.

The co-operation of the governmental authorities is also essential to guarantee any control over media rights on the event - which is normally enforced by use of privilege flags on vessels to enter controlled zones legally established by the port authorities and local government.

Any continuation of the stand-off would see the regatta devolve into a pure Deed of Gift Match as set down in the 19th century document's provisions to apply when the regatta is to take place in the absence of mutual consent - which is certainly the case between the Defender, Socite Nautique de Geneve and the Challenger, Golden Gate Yacht Club (USA).

On 17 December the Appellate Division of the New York Supreme Court, ruled that the venue of the 33rd America's Cup had to be Valencia, and also on a measurement issue which would have seen the Challenger disqualified for being overlength.

Those two decisions bought closure on a two year legal wrangle punctuated by frequent Court hearings through the three levels of the judiciary in New York State.

On 10 November 2010, Societe Nautique de Geneve issued a Notice of Race for the 33rd America's Cup which in its commentary said:

'The defender of the 33rd America’s Cup, Société Nautique de Genève, has published the Notice of Race that will govern the 33rd America’s Cup. As per the Deed of Gift the winner of the regatta will be the first boat to win two races in a best of three series.

'The first race is scheduled to take place in Valencia (Spain) on Monday February 8th, 2010. The second race is scheduled for Wednesday February 10th. If required, the third race is scheduled for Friday February 12th.'

Despite subsequent meetings between intermediaries attached to the Challenger and Defender, there has been no amendment posted to the Notice of Race promulgated by the Defender who is responsible for the organisation for the regatta.