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Sail-World.com : America's Cup heist might backfire on Bertarelli
America's Cup heist might backfire on Bertarelli
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'Ernesto Bertarelli.
©Ivo Rovira/Alinghi'
Ivo Rovira /Alinghi
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If Louis Vuitton, who has sponsored the Challengers Series for many years but which has now withdrawn from the America's Cup and is locked in a legal battle with America's Cup Management, decides to support a new event along with the bulk of the Challengers, Alinghi and Ernesto Bertarelli may find themselves regretting the day they tried to hijack the America's Cup.
Extracts from the latest Cowes online America's Cup story.
'The America's Cup could be headed back to the New York courts following a move by Larry Ellison to call into question the validity of the 'official' Challenge from Club Nautico Espanol.
Ellison has submitted a challenge to Alinghi, through the Golden Gate Yacht Club, in accordance with the America's Cup Deed of Gift. Ellison's challenge states that: 'On 3 July 2007 Societe Nautique de Geneve (SNG) announced the acceptance of a challenge for the 33rd America's Cup from the Club Nautico Espanol de Vela (CNEV).
The communication goes on to deliver a bona fide challenge and demand recognition as the legitimate Challenger of Record. The Golden Gate Yacht Club representative Melinda Erkelens and syndicate representative Tom Ehman went to the Societe Nautique de Geneve representing Alinghi owner Ernesto Bertarelli, and presented the new challenge.
Ellison's team also claims that the protocol for the 33rd America's Cup is invalid because it fails to specify the rules for the next Cup by omitting a specific date, location, and class of boat.'
It is unlikely that Alinghi, SNG, or the new Spanish 'club' will back down so Ellison could begin legal proceedings within days.
Ellison's move is likely to be supported by all the other challengers who have been effectively neutered by Alinghi's decision to withhold details of the next venue, dates for the competition, and details of the new class of yacht they intend to introduce.
Alinghi has effectively loaded the dice in their favour but to such an extent that a rebellion is inevitable. While challenging teams can do nothing but lay off staff in the absence of any confirmed details, Alinghi will know all the details well in advance, and will be able to begin designing their new yacht before any of the other teams even know the most basic information on the new rule.
When Alinghi announced the new Protocol which would govern the 33rd America's Cup, but withheld all the important information, they also gave themselves the right to sail in the Challenger series, in addition to their own Defender series, and assumed control of all aspects of both series. This gives them unprecedented power and eliminates the Challengers' control over their own elimination series.
In addition, ACM, the company given control by Alinghi of all aspects of the America's Cup match now has the sole rights of appointment and dismissal of all officials, including the Jury and Umpires.
By having a 'dummy' club present a Challenge Alinghi has attempted to sideline the Challengers. Now, one of three things may happen - Alinghi could back down and work with the Challengers to create a fair event for the 33rd edition; the matter could end up in courts with the inevitable delays that will entail; or the Challengers could boycott the America's Cup and form an alternative event or perhaps adopt the event already under development by Russell Coutts and Paul Cayard.
If Louis Vuitton, the luxury good company which has sponsored the Challengers Series for many years but which has now withdrawn from the America's Cup and is locked in a legal battle with America's Cup Management, decides to support a new event along with the bulk of the Challengers, Alinghi and Ernesto Bertarelli may find themselves regretting the day they tried to hijack the America's Cup.
To read the full story go to http://www.cowes.co.uk/cb/zone?p=story;story_id=2976
by Cowes online
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http://www.sail-world.com/index.cfm?nid=35756
10:36 AM Tue 17 Jul 2007 GMT
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