Please select your home edition
Edition
Protector 728x90

America's Cup- Int Jury upholds basis of Challenger selection

by Richard Gladwell on 7 Jul 2011
Emirates Team NZ CEO, Grant Dalton talks with TVNZ’s Martin Tasker Richard Gladwell www.photosport.co.nz

Sail-World understands (subsequently confirmed) that the International Jury for the 34th America's Cup has upheld the position advanced by the Defender, Golden Gate Yacht Club, over the transition of the original Challenger of Record role to Sweden's KSSS (Kungliga Svenska Segel Sällskapet, or Royal Swedish Yacht Club).

That Club is represented by Artemis Racing, headed by Paul Cayard, a collaborator with Russell Coutts in the former World Sailing League, which advocated the establishment of a professional sailing circuit in 70ft catamarans, at a time when Coutts was disenfranchised from the 32nd America's Cup, by his former team Alinghi.

Traditionally the relationship between the Defender and Challengers, is at best arms length, and generally a lot further away than that. At its most testy was the relationship between Warren Jones in 1983 as the Royal Perth Yacht Club took on the New York Yacht Club, and was continued through the early 1990's with Ernie Taylor locking horns on behalf of the the Challengers with the San Diego Yacht Club.


At the heart of the matter in recent times is that the Challengers have owned the rights to their series, the Challenger Selection Series or Louis Vuitton Cup. How they select the Challenger is no business of the Defender, provided it is in compliance with the Deed of Gift and Protocol. Of course the Challengers also owned the TV and Media rights to their series, while the Defender owned the same rights in the America's Cup.

In 2007, Societe Nautique de Geneve, the Swiss club represented by its sailing team Alinghi, attempted to combine the rights of the Challenger and Defender by accepting a Challenge, and negotiating a Protocol, with a tame Spanish yacht club, which gave the Event organisers the ability to operate and market the two events as a single regatta package.

That is all very laudable, except that the tension prescribed in the 19th century Deed of Gift which governs the event, has worked well in the past in terms of negotiating and interpreting rules, to ensure that no side is able to jimmy the event too much in their favour. With an arms length relationship, backed by an independent Jury and Officials, that right is protected.

On paper, the current situation with the Protocol (under which everyone is bound - officials, competitors and Jury) is like a sports tournament where two of the participants agree on the rules and the rest just have to tag along.


Some believe that Golden Gate Yacht Club took a leaf out of SNG's book when it signed a Protocol with Club Nautico di Roma to set the 34th America's Cup up as a multihull competition, and with the same aggregation of Challenger and Defender rights of which GGYC was a vociferous opponent in July 2007, leading to a legal battle in the New York Supreme Court which lasted for over two years, and pulled sailing's premier event onto its knees.

In late May 2011, following the surprise resignation of Mascalzone Latino (Vicenzo Onorato) from the 34th America's Cup, followed soon after by the team's club, Club Nautico do Roma, and the instant substitution of KSSS as new Challenger of Record, Emirates Team New Zealand lodged a complaint with the International Jury.

The basis of that complaint was that Emirates Team NZ (via their club, Royal New Zealand Yacht Squadron) had in fact beaten KSSS to the punch - when entries opened for the 34th America's Cup on 1 November 2010.

Later it was disclosed that the two teams had attempted to lodge their entry by email. The Entry from Royal New Zealand Yacht Squadron was claimed to be a few seconds too early, and was claimed to have been lodged after KSSS.

Emirates Team NZ questioned the Jury to verify the mail server logs, and email receipt timing - a situation well removed from the ambit of George Schuyler who drafted the 19th century Deed of Gift which governs the America's Cup.

The Notice of Challenge from Kungliga Svenska Segel Sällskapet was, the first out of cyberspace, after the GGYC's clock had ticked over midnight on 1 November - and was accepted. It was also claimed that processing of the entry fee from KSSS happened more quickly than that of RNZYS, and that GGYC had accepted the first clean Challenge.

Emirates Team NZ/RNZYS took the matter to the International Jury, and won the first round. The Jury found there was indeed a case to answer, and GGYC was then required to make formal submissions on the validity of their acceptance of the Swedish club as the replacement for the Italian Challenger of Record.

Initially the Defending Club's stance was to blow the claim out of the water on the basis of a technicality, in that the complaint/protest should have been lodged earlier. That view was not sustained by the Int Jury, which went onto the second stage with a Hearing by electronic submission, rather than a formal meeting.

Many were surprised that Emirates Team NZ/RNZYS had even bothered to initiate the proceedings, given their previous comments that they regarded the role of Challenger of Record as a 'poison chalice' - in that no CoR has ever gone on to win the Match, in the modern era of the America's Cup.

Further the CoR role does involve some administrative overhead, for which Emirates Team NZ have shown no previous appetite, being unable to understand how the CoR role makes their boat go faster.

The counter to that view, is that the Challenger of Record role does carry the ability to veto any changes to the Protocol governing the America's Cup. Given the previous cosy history between Coutts and Cayard, there was a degree of unease, in the camp of the two-times winner of the America's Cup, Emirates Team NZ, over the shotgun marriage between GGYC and KSSS.

Hence the complaint - which evolved into a formal Protest.

The Jury Decision was first circulated to the Teams and was then announced publicly (after this story was initially published).

The lengthy decision can be read by http://www.americascup.com/Documents/Jury%20Decisions/2011_07_06_Decision%20AC02.pdf!clicking_here

For the original story including Emirates Team NZ's media announcement http://www.sail-world.com/NZ/Americas-Cup:-Emirates-Team-NZ-queries-basis-of-Challenger-selection/84007!click_here

Mackay BoatsNorth Technology - Southern SparsWildwind 2016 660x82

Related Articles

A Q&A with Kimball Livingston about San Francisco high school sailing
I emailed with my friend and colleague Kimball Livingtston to learn about San Francisco’s latest sailing revolution. I started hearing whispers of shifts in the San Francisco Bay high school sailing scene a couple of months ago. A few inquiries led me to my good friend and colleague Kimball Livingston, a world-class sailor, scribe, and StFYC staff commodore who isn’t one to keep his seaboots dry when the topic turns to opportunities for the next sailing generation. I caught up with KL via email to learn more.
Posted on 13 Jun
A Q&A with Andrew Howe about winning the 2015 Marion to Bermuda Race
I interviewed Andrew Howe, the 2015 Marion to Bermuda Race’s winning co-navigator, to learn more about their race. In 2015, skipper Greg Marston and the crew of Ti, a 1967 Alden Mistral, racing under celestial rules, were the overall winners of the Marion Bermuda Race Founders Division, beating boats that were enjoying GPS accuracy. On the eve of the 2017 edition of the race, I reached out to Andrew Howe, the team’s co-navigator, to gain perspective on this impressive win and hear about his 2017 plans.
Posted on 7 Jun
An interview with Allan McLean about the 2017 Marion to Bermuda Race
I interviewed Allan McLean, the Marion to Bermuda Race’s executive director, to learn more about this biennial event. The 2017 Marion to Bermuda Race is set to kick off on Friday, June 9, so I caught up with Allan McLean, the race’s executive director, via email to learn more about the race’s history and evolution, its challenges, and the special America’s Cup experience that awaits Marion to Bermuda sailors upon reaching the Onion Patch.
Posted on 5 Jun
An interview with Ray Redniss about the STC’s annual Block Island Race
I caught up with Ray Redniss, the Block Island Race’s longtime PRO, via email to learn more about this classic event. I caught up with Ray Redniss, who has served as the PRO for the Block Island Race and the Vineyard Race (September 1, 2017) for the past twenty-plus years, via email to learn more about the state of this classic, early season New England event.
Posted on 22 May
An Q&A with Jeremy Pochman about 11th Hour Racing’s impressive efforts
I interviewed Jeremy Pochman of 11th Hour Racing to learn more about this forward-thinking environmental non-profit. 11th Hour Racing is doing some of the most forward-leaning environmental work in the entire marine sphere, and I wanted to learn more, so I reached out to Jeremy Pochman, 11th Hour Racing’s Strategic Director and Co-founder, to ask a few questions. All sailors are strongly encouraged to give this interview the time it deserves.
Posted on 15 May
A Q&A with Don Adams about Sail Canada’s plan to win Olympic medals
I caught up with Sail Canada CEO Don Adams to hear about Team Canada’s High Performance Plan for winning Olympic medals. Sail Canada, Canada’s national sailing authority, is implementing a new High Performance Plan with the aim of improving on their recent Olympic sailing performances. I caught up with Don Adams, CEO of Sail Canada, to learn more about this ambition plan for helping Canadian sailors win Olympic medals while also helping to inspire younger generations to pursue the Olympic-sailing dream.
Posted on 8 May
America's Cup - Southern Spars AC50 build for Emirates Team NZ + Video
The Peter Blake skippered Steinlager 2 put Southern Spars on the map 27 years after Steinlager 2 put Southern Spars on the map with her unequalled clean sweep of the 1989/90 Whitbread Round the World Race, Southern Spars were called on to build Emirates Team NZ's America's Cup Challenger. Here's a look behind the scenes at the composite engineering process Southern Spars employ on projects ranging from Volvo OR spars, to Olympic bike wheels to an AC50
Posted on 1 May
She’s still here with us, and now we can be there for her
Of the many endearing qualities in Lisa Blair, the one that is paramount is her effervescence. Of the many endearing qualities in Lisa Blair, the one that is paramount is her effervescence. Yet it is what lies behind that which could be her most incredible characteristic. Sometimes you can almost overlook her steely determination, but not for long when you start talking with her. Catching up with her live from Cape Town surely was a vivid reminder of not only what this sailor can accomplish
Posted on 24 Apr
Gladwell's Line - Timeout in Bermuda and a decision OTUSA will regret?
With Emirates Team New Zealand's AC50 now in Bermuda and being re-assembled, it is time to take a breath With Emirates Team New Zealand's AC50 now in Bermuda and being re-assembled, it is time to take a breath from what has been a hectic couple of months, both in Auckland and Bermuda. The third major Practice Session has concluded in Bermuda. This was conducted almost entirely if winds of around 16-25kts - starting to get close to the top end of the range for the AC50's.
Posted on 20 Apr
America's Cup - Glenn Ashby on hitting the AC50's sound barrier
These boats are incredible. The performance that can be achieved in light airs is the amazing thing. The big difference between the AC72, the America's Cup Class, used in the 2013 America's Cup in San Francisco and the smaller AC50 to be sailed in Bermuda, lies in their light and medium air performance. 'These boats are incredible. The performance that can be achieved in light airs is the amazing thing. In 7-8-9-10 knots of breeze, you are sailing at 30kts at times.
Posted on 18 Apr