Please select your home edition
Edition
C-Tech Emirates

America's Cup- 'Itiwi' partnership gets all clear from Jury

by Richard Gladwell on 13 Feb 2012
Emirates Team NZ and Luna Rossa waiting for the wind in their AC45’s Richard Gladwell www.photosport.co.nz

In a Decision just announced, the partnership between Italy's Luna Rossa and Emirates Team New Zealand has been given the all clear by the International Jury.

The Swedish Challenger of Record for the 34th America's Cup had queried the Partnership Agreement signed between the two long-standing Cup rivals, aimed at providing Emirates Team New Zealand with a training partner; and providing a means for the Italian team to catch up with a late America's Cup campaign.

Luna Rossa have purchased the design for Emirates Team NZ's first AC72 catamaran, and the two will sail together in Auckland in the latter months of 2012. The Luna Rossa boat is under construction in Italy, and the hulls will be shipped to New Zealand for assembly, before she is launched.

In an earlier Decision from the International Jury responded to the Defender, Golden Gate Yacht Club (USA) through their team Oracle Racing who questioned the operation of a Partnership Agreement - the first signed in the 160 year history of the America's Cup.

The Defender posed a series of questions based around a partnership Oracle Racing and a hypothetical 'Competitor B'.

The International Jury answered those questions, and then some America's Cup pundits did a text replace, substituting the names of Emirates Team NZ and Luna Rossa to determine whether their partnership was consistent with the hypothetical scenario proposed by Oracle Racing, and the boundaries constrained in the Jury Decision AC06. (That case and its decision were given the reference number of 'AC06' - being the sixth decision in this America's Cup cycle.)

Subsequently the Challenger of Record, Kungliga Svenska Segel Sällskapet (KSSS), through their team Artemis Racing, requested ' that the Jury review and retain the version of the ETNZ/Luna Rossa collaboration agreement which was summarized in the ETNZ November 26th submission relative to case AC06, as well as any amendments to such agreement.'

That request from KSSS came two weeks after the initial Jury Decision, on 28 December last year, in respect of Oracle Racing and 'Competitor B', in which Emirates Team NZ had provided a summarised copy of the partnership agreement, as part of their submissions in rest of the hypothetical competitor case AC06.

In the Hearing, presumably conducted like the others by an exchange of emails and phone calls, rather than a formal face to face meeting, Emirates Team NZ and Luna Rossa submitted the full agreement to the Jury, on the basis that it remained confidential to the Jury and would remain so for the duration of the 34th America's Cup.

The two teams also made a declaration that they were operating in accordance with the Agreement.

In its Decision the Jury, chaired by David Tillett (AUS), determined that their request had been met for a declaration from the two teams that there had been no Protocol Breach, by either team. And further that 'The Jury has no reason to believe there has been a breach.'

The Decision continued: ' The Jury is satisfied that provided the parties comply with the requirements of their Agreement with its Amendment, there would be no breach in the future as a result of the Agreement.'

A further request from Artemis Racing that the Jury should 'contain enough information so that other
Competitors can determine their own position regarding any cooperative sailing or design sharing' was denied.

The Jury felt that it had already given sufficient information in its Decisions on 'related cases' for Artemis Racing and others to be able to draw their own conclusions on cooperative sailing or design sharing, without additional interpretation by the Jury.

The only other point of interest in the Decision is the reference to the 'Agreement with its Amendment' - possibly implying that the original agreement between Luna Ross and Emirates Team New Zealand was amended to effectively preclude the sharing of telemetry between the two teams from their first two AC72's. (That Jury Decision was hard on the sharing of performance data between teams, which was taken to mean the sharing of telemetry, on which there is another view.)

The AC72's will be sailed in the 34th America's Cup, and are set down for launch in July and September this year. Sharing of telemetry would have provided a useful basis for Emirates Team NZ to carry into aspects of their second boat (given that it would have commenced construction in that time).

For both teams the sharing of telemetry would have provided information which could have led to boat modification, and certainly wingsail and softsail development, as well as foil performance. As it stands such collaborative work will be constrained to working up against each other on the basis of observation only, with each team allowed to do its own data gathering on the other.

In another Decision, Team China were given the all clear to sailing in the Extreme Sailing Series without infringing the rules governing sailing in a Surrogate boat - or one that is longer than the 33ft permitted - the Extreme 40's used in this series exceed this length by 7ft.

The full Decision (AC07) can be read by http://tinyurl.com/8ydvgcb!clicking_here

RS Sailing 660x82Mariners Museum 660x82Zhik AkzoNobelb 660x82

Related Articles

An interview with Patrick Kennedy about the Ida Lewis Distance Race
I interviewed Patrick Kennedy, chair of the 2017 ILDR, via email to learn more about the race’s history and evolution. With this year’s Ida Lewis Distance Race set to unfurl the weekend of August 18-20, I caught up with Patrick Kennedy, chair of the 2017 ILDR, via email to learn more about the race’s history and evolution, its challenges, and the event’s new partnership with the 2017 J/Fest New England.
Posted on 14 Aug
An interview with Marianne Davis about the CORK International Regatta
I interviewed Marianne Davis, co-chair of the CORK International Regatta, to learn about the regatta’s state of affairs. While the various CORK regattas' registration lists include international sailors, these events are some of the gemstones in Sail Canada’s yearly championship calendar, making them of extra importance to Canadian sailors. I recently caught up with Marianne Davis, co-chair of the 2017 event, via email, to learn more about the CORK International Regatta’s evolution and its current state of affairs.
Posted on 7 Aug
A Q&A with the RORC’s Nick Elliott about the 2017 Rolex Fastnet Race
I caught up with Nick Elliott, RORC Racing Manager, via email, to learn more about the world-famous Rolex Fastnet Race. When one stops to consider the world’s best ocean races, the Royal Offshore Racing Club’s Rolex Fastnet Race, which starts on Sunday, August 6, 2017, is never far from mind. I caught up with Nick Elliott, RORC Racing Manager, via email to learn more about the race’s history and evolution, its challenges, and the amount of work that goes into pulling off this world-famous regatta.
Posted on 1 Aug
Ian Walker - Musto Ambassador on the Volvo Ocean Race, America's Cup
Ian Walker on his Volvo Ocean Race win, why food and clothing are so important offshore, his views on the America's Cup We speak to Musto ambassador Ian Walker about his Volvo Ocean Race win, why food and clothing are so important offshore, his views on the America's Cup, his new desk job, sailing for fun, and 20 years of the John Merricks Sailing Trust.
Posted on 23 Jul
Black Jack Yachting. Bigger boat. Bigger team. Even bigger performance
Throughout the iterations of maxis called Black Jack, a strong, consistent and talented team has been their focus Throughout the iterations of maxis called Black Jack, a strong, consistent and talented team has been their focus. Some were sail makers, like Skipper Mark Bradford and also Vaughan Prentice from North Sails’ Brisbane loft. Others were riggers, such as Bruce Clarke, and there are even boat builders, like Gary van Lunteren, as well as Ash Deeks.
Posted on 20 Jul
A Q&A with Tom Trujillo about the Transpacific Race’s 49th running
Sail-World interviewed Tom Trujillo, the Transpac Race’s PRO, via email to learn more about this classic bluewater race. The Transpac Race (est 1906) is in a rarefied group of four races that are considered sailing’s greatest bluewater Corinthian challenges, and it welcomes a wildly diverse fleet of bluewater-worthy boats. The 49th running of this classic race is currently underway, so Sail-World caught up with Tom Trujillo, the race’s principal race officer, via email to learn more.
Posted on 7 Jul
Gladwell's Line - America's Cup returns to its new home and thinking
Emirates Team New Zealand's win in the 35th America's Cup ends 17-years of wandering in the AC wilderness Emirates Team New Zealand's win in the 35th America's Cup ends 17-years of wandering in the AC wilderness and will open a new era of America's Cup, New Zealand and World Sailing. A rookie crew won the most prestigious trophy in sailing, and one of the most difficult to win in any sport.
Posted on 29 Jun
SuperFoilers Are Go!
SuperFoilers represent many things. Whilst those components are disparate and virtually from different planets SuperFoilers represent many things. Whilst those components are disparate and virtually from different planets in the great scheme of things, they come together in the one form as harmoniously as a Rolls Royce, and also deliver intense energy way past the sum of their parts, just like some amazing band.
Posted on 28 Jun
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