sail-world.com
 
 
News Home Cruising Photo Gallery Video Gallery
Sail-World.com : America's Cup: Can the Venue be other than the waters of the Defender?
America's Cup: Can the Venue be other than the waters of the Defender?

'The 2013 America’s Cup Race Course, framed by the Golden Gate Bridge. Can it be moved to another Port?'    © Richard Gladwell    Click Here to view large photo

With the America's Cup venue now being bid to ports other than that of the Defending club, some wonder whether this practice is within the spirit, if not the letter, of the Deed of Gift which governs the 162 year old trophy.

The issue was raised in 1988 when the San Diego YC was looking at Defence options against the Mercury Bay Boating Club's 'Big Boat' Challenge, when there was concerns amongst the SDYC team that the Defender's catamaran might not have been superior in light winds.

For a time, they considered moving the Match to Long Beach where the breeze was believed to be more favourable.

The late James Michael, a noted attorney with over 40 years of experience was a member of the New York Yacht Club for over 26 years, served on its Board of Trustees during 1964-77 and on its America's Cup Committee during 1971-83.

Michael, who passed away ten years later in 1998, was ironically, based in San Francisco. He was a noted authority on the Deed of Gift and because of this legal background, he was usually the point man for the New York YC's America's Cup Committee in disputes or questions that arose regarding the Deed of Gift, the Conditions of the Match and the interpretation and application of the l2-Metre Measurement Rule.

In 1988, James Michael produced an opinion on whether the Defender, in this case San Diego YC, had the right to sail the America's Cup in other than its own waters.

Sir Michael Fay's Big Boat KZ-1 on her launch day in Auckland 1988. For a time San Diego YC considered moving the venue for the 1988 Match -  Paul Todd-Outside Images ©   Click Here to view large photo

Interpreting the Deed of Gift

By James Micheal

On the question of venue, nothing in the Deed expressly or impliedly authorizes the defender to change the venue from its home waters, unless, and only if, it is done with the mutual consent of the challenger. Nevertheless, several arguments have been advanced to support San Diego's position, which we examine next.

Reference is made to the fact the present Deed provides that, in the absence of mutual consent, the races shall be sailed 'on ocean courses, free from headlands,' whereas the prior deeds required the 'usual course for the annual regatta of the yacht club holding the cup.' It is argued that the deletion of the words last quoted evidences an intent to authorize the defending club to move the venue out of its home waters. That argument is unavailing for several reasons.

The Current Deed still retains the provision, first added in the 1882 Deed, that to qualify as a challenger, a yacht club must have 'for its annual regatta an ocean water course on the sea, or on an arm of the sea'.

The purpose of this requirement, patently, is to make certain that, when a challenger wins the Cup, and then becomes the defender in the next match, its home waters will provide the 'ocean courses' which must be used when mutual consent is lacking.

As previously noted, the donors incorporated the reference to the 'usual course for the annual regatta' of the defending club as a protection to the challenger, when the parties could not agree. The deletion of those words in the 1887 Deed was not intended to destroy that protection to the challenger, nor to give power to the defender to name whatever venue would give it the greatest advantage and put the challenger to the greatest disadvantage (as San Diego publicly espouses doing).

America replica sailing in San Diego - image by Lenny Gemar -  .. .  

Such an interpretation would be in direct conflict with the donor's purposes to assure a fair and sportsmanlike match, conducted in accordance with the cardinal principle of the challenger and defender contending 'on equal terms'. It also ignores the fact that George L. Schuyler deleted the words in question to enhance the protection of the challenger.

In the matches up to 1887, many of the races were sailed on the New York Yacht Club's 'inside course', which included the waters from Hoboken to Southwest Spit. These confined waters and the currents, shifting winds and heavy traffic of New York harbor made this course, in the words of 'Lawson's History of the America's Cup', a 'bad course at best, and a source of hot anger and fierce discontent to British skippers.'

When rewriting the Deed in 1887, George L. Schuyler recognized that 'annual courses', such as the Royal Yacht Squadron's and the New York Yacht Club's 'inside course', did not guarantee a fair match; thus he deleted the reference to them. Nothing in the history, however, suggests that he intended to permit the venue to leave the defending club's home waters, and as already observed, the continuation of the qualifications required for a club to challenge suggest the contrary.

In a letter by George L. Schuyler to the New York Yacht in July, 1890, he comments on the reasons for the change in the definition of the courses, as follows: 'The matter which I thought of greatest importance, when the new deed was drawn up, was that of courses. I wanted it so arranged that in case of a disagreement as to the conditions of the races, the boats would race in the sea without time allowance, and thus avoid the possibility of a challenger being left to the mercy of a club course where she would not have an equal chance to win.'

San Diego America's Cup World Series - Fleet Race -  ACEA - Photo Gilles Martin-Raget_©   Click Here to view large photo

It would be abhorrent to any fair-minded person to convert a change in the Deed, which Schuyler made to better the challenger's protection, into one which would truly put the challenger at the mercy of the defending club.

Those supporting San Diego on the venue issue also rely on a statement in the December 30, 1987 ruling by Judge Ciparick of the New York Court, denying the application of the City of San Diego to be made a party to the proceedings, so that it could appeal the Court's prior decision of November 25, 1987. The Court ruled that the City lacked 'the requisite real and substantial interest' in the matter, its only interest being 'peripheral', as a possible site for the future competition; but the Court went on to add that the City would only be impacted 'when and if the San Diego Yacht Club as defender exercises its power to set the venue for the upcoming event.'

This last statement of the Court as to the power to set the venue constitutes, what in the law is known as 'obiter dicta', a Latin expression meaning something said 'by the way;' a remark or incidental opinion expressed by a judge on a point not necessary to the determination of the issue before the Court; any statement by way of illustration, analogy, argument or suggestion. Since such remarks by a judge are made without the question having been in issue, and without argument or full consideration of the point, they are not regarded as binding, even on the court making them, and have no standing as legal precedent.

In the present circumstances, the venue issue was not before the Court; Judge Ciparick never had the benefit of argument on the merits of the issue; and her statement was not necessary to determine the motion before her. Thus, if the issue of venue should come squarely before the Court, it is submitted the ruling will be that the defending club must hold the match in its home waters, unless the challenger mutually agrees to move it elsewhere.

It is also to be noted on this question, that when the New York Yacht Club moved the site from New York to Newport, Rhode Island, it did so under the mutual consent provision, and with the concurrence of all succeeding challengers. Moreover, that club maintains a station at Newport, its annual cruise usually begins and ends there, and the racing, which accompanies that cruise, is conducted in waters which include those where the America's Cup matches have been held for many years. Thus, this aspect of Cup history affords no support for San Diego's contention.

The Darcena side of the Alinghi base - Valencia 2010 -  © Richard Gladwell   Click Here to view large photo

The opinion by James Michael was never tested in the New York Supreme Court as San Diego YC determined that the 65ft catamaran would be superior to the 90ft LWL monohull in all conditions, and moving the venue for the Match was therefore unnecessary.

Since then the America's Cup venue was determined by bid in 2007 (Valencia, ESP), and ordered by the New York Supreme Court to be Valencia, ESP for the 33rd match in February 2010. It was sailed in the home waters of the holder, Golden Gate YC in 2013 after a bid process, and is currently out for bid to other venues for the 35th Match


by Richard Gladwell/Sail-World.com/nz


  

Click on the FB Like link to post this story to your FB wall

http://www.sail-world.com/index.cfm?nid=123428

10:45 AM Tue 17 Jun 2014GMT


Click here for printer friendly version
Click here to send us feedback or comments about this story.

Click for further information on
2016-2017 America's Cup

Related News Stories:

25 Jun 2014  America's Cup: Emirates Team NZ confident to mount Cup Challenge
25 Jun 2014  America's Cup: Artemis Racing expresses concern over Protocol aspects
23 Jun 2014  America's Cup: Butterworth - 'I just thought that I could help.'
22 Jun 2014  America's Cup: Coutts takes media to task over Protocol inaccuracies
21 Jun 2014  America's Cup: Director and backer says that Team NZ have the funds
19 Jun 2014  America's Cup: Barker and Burling to compete in different multihulls
19 Jun 2014  America's Cup: Coutts repeats offer of second AC62 for Challengers
18 Jun 2014  America's Cup: Emirates confirm discussions over Team NZ naming rights
17 Jun 2014  Gladwell's Line: Media crunch in the America's Cup
16 Jun 2014  America's Cup: Team New Zealand gets more traction than the All Blacks
MORE STORIES ...






News - USA and the World

Rolex Sydney Hobart: Hats Off Tasmania For The Huge Crowds *Feature by Crosbie Lorimer, Hobart, Tasmania
Ken Read, skipper of Jim Clark's super maxi Comanche, has been amazed at the level of interest shown by Australians in sailing and particularly in this race. When he first arrived in Sydney with Comanche, Read was clearly very envious of the crowds that turn up for this race every year ... [more]  

Wild Oats XI crossed the finish line 49 minutes ahead of Comanche in the most anticipated battle of the supermaxis. Crosbie Lorimer spoke to some of the crew from both boats to get their take on the race and the duel between the two front runners. ... [more]  

2014 Rolex Sydney Hobart Yacht Race - It was the space of just six nautical miles that made the difference when it came to Bob Oatley’s supermaxi, Wild Oats XI, claiming a historic eighth line honours in the 628 nautical mile Rolex Sydney Hobart race. ... [more]  

Three very long-standing Australian members of the OK Dinghy class were inducted into the OKDIA Hall of Fame during the opening ceremony of the 2014 World Championship at Black Rock Yacht Club, Melbourne, Australia, on Sunday 28 December. Bill Bell, Roger Blasse and Andre Blasse were all presented with engraved crystal mementoes to mark the occasion. ... [more]  

2014 Rolex Sydney Hobart Yacht Race - Have a look at the IRC standings, the list of boats leading the Rolex Sydney Hobart overall on handicap; it’s a long time since such venerable names have graced the top of the list en masse as they do today. ... [more]  

2014 Rolex Sydney Hobart Yacht Race - Ever wondered about the cost of breaking and damaging gear – and the repercussions of it in a long race such as the Rolex Sydney Hobart Yacht Race? Well wonder no longer. Three boat owners confidentially whispered this morning 'Don’t tell the wife, but….' ... [more]  

2014 Rolex Sydney Hobart Yacht Race - the boats dock in Hobart so do the stories. Everyone has a tale to tell, some funny, some of outright terror, some apocryphal to tell about the Rolex Sydney Hobart. This morning Daryl Hodgkinson jumped off his Cookson 50 Victoire with a yarn about crabs, pots and British pluck under fire. ... [more]  

Rolex Sydney Hobart: Tough Stuff Down the Tassie Coast *Feature by Crosbie Lorimer, Hobart, Tasmania
By nine a.m. this morning (Monday) ten boats were finished, amongst them several of the 50 footers arriving in a group just before 8am. The consistent theme amongst all those we interviewed was the strength of wind late yesterday on the run down the Tasmanian coast. ... [more]  

2014 Rolex Sydney Hobart Yacht Race - Comanche was finally defeated by Wild Oats in Hobart. But the new record breaker has shown great potential in the medium and strong wind. It still remains to work on its performance in the low wind. ... [more]  

2014 Rolex Sydney Hobart Yacht Race - It is going to be a busy day in Hobart, with more than two thirds of the Rolex Sydney Hobart Yacht Race fleet expected to arrive into Hobart today. ... [more]  

The overnight and morning finishes have been marked by some very close racing in the Rolex Sydney Hobart race. The battle for third place was won by Ragamuffin (Syd Fischer), after the canting keel supermaxi dropped back significantly yesterday afternoon, and then powered through in the fresh northerly ... [more]  

Before the start of the Rolex Sydney Hobart Race, Ken Read, skipper of the US supermaxi Comanche gave this tour above and below decks of Jim and Kristy Clark's new 100ft flyer. ... [more]  

Sail-World is now running live in the changed website format. If you are running on a Mac with iOS please scroll to the bottom of the site and check that your region is set for your region and not some other. It can be correctly set up using the drop down boxes. Then go to the top, click refresh, and you should be away. ... [more]  

Rolex Sydney Hobart: Wild Oats XI and Comanche Finish Images *Feature by Crosbie Lorimer, Hobart, Tasmania
The Comanche and Wild Oats XI teams were equally gracious in victory and defeat on the dockside in Hobart today. It had been a close fought battle and while Comanche had reeled Wild Oats XI back in overnight to within 9nm , there simply wasn't enough air to power up the American boat in the run across Storm Bay and up the Derwent River. ... [more]  

Rolex Sydney Hobart Yacht Race 2014: In what skipper Mark Richards described as the crew’s most hard-fought line honours triumph, Wild Oats XI held off the impressive challenge posed by Comanche, the newly-launched entry from the United States. Completing the race in 2 days, 2 hours, 3 minutes and 26 seconds, Wild Oats XI finished eight hours shy of the race record she set in 2012. ... [more]  

After being dismasted a short time ago in the Rolex Sydney Hobart, Giacomo is motoring to the lee of Maria Island. In other race news, a very disappointed Bill Wild has retired his Reichel/Pugh 55, Wedgetail, from the race after suffering mast damage in the Cruising Yacht Club of Australia’s 628 nautical mile race at approximately 7.40pm off Schouten Island. All are safe and well on board. ... [more]  

Rolex Sydney Hobart Yacht Race 2014: Spithill was one of six helmsmen on Comanche. 'We can’t leave it at that,' he declared after finishing in Hobart. He says that on his watch this morning the boat reached a top speed of 32 knots and knows what she is capable of. 'Everybody got to see the true potential of this boat at the start. ... [more]  

Top international yachting photographer, Carlo Borlenghi was in the air above the Rolex Sydney Hobart Race fleet and provided these images of the third day of racing in the classic ocean race, as the leaders closed in on the finish, and the dock celebrations by Wild Oats XI. ... [more]  

Rolex Sydney Hobart Yacht Race - 'This is the sweetest victory by far,' Wild Oats XI skipper Mark Richards declared today after steering the silver-grey thoroughbred to a record eighth line honours victory in the Rolex Sydney Hobart. 'To rewrite a bit of sailing history doesn’t come along every day. To win a Hobart is a great honour but to win an eighth; I can’t believe I am here,' Richards said. ... [more]  

Photographer Andrea Francolini was on the water at 2014 Rolex Sydney Hobart Yacht Race line honours finish and provided this gallery of images. ... [more]  

Wild Oats XI entered the Derwent River some forty minutes ahead of Comanche at the Iron Pot and gybed her way up river in 5-10 knot southeaster, bright sunshine and crystal clear light to take a record breaking eighth line honours win in this race at 3.03pm The size of spectator fleet that accompanied Wild Oats XI and the crowds on the dock were much the largest ever sen for this race. ... [more]  

The Volvo 70 Giacomo lost her rig in the vicinity of Maria Island about 5.30pm local time yesterday evening. A second yacht Wedgetail (an RP55) lost the top off her mast in the same area at the same time. Giacomo is a Volvo 70 owned and skippered by Jim Delegat (NZL) and has a full New Zealand crew aboard ... [more]  

Rolex Sydney Hobart Wild Oats XI takes number eight by Rob Kothe and the Sail-World Team
Wild Oats XI finished at 303pm, with her big A2 flying. Her elapsed time was two days two hours three minutes and twenty six seconds 02:02:03:26 That was some eight hours outside the race record she set in 2012 of 1 day, 18 hours, 23 minutes and 12 seconds. ... [more]  

At the 2014 Rolex Sydney Hobart Yacht Race photographer Daniel Forster was on the water and provided this gallery of images from Day 2. ... [more]  

Rolex Sydney Hobart: Wild Oats XI scores comfortable 8th win by Richard Gladwell, Sail-World.com/nz
Wild Oats XI (Oatley family) has crossed the finish line for the Rolex Sydney Hobart race to take her eighth win in the offshore classic. She crossed the finish line in the Derwent River sailing on port tack with a big asymmetrical headsail flying, and accompanied by a bevy of spectator craft as she crossed the finish line at 3.00pm local time. ... [more]  

In Alamitos Bay Yacht Club's annual Boxing Day race the hometown Gibbs brothers, Riley, 18, and Sawyer, 16, started last in their 49er skiff but passed all of the other boats of various types to finish first in brilliant sun but cool light air Sunday. ... [more]  

2014 Rolex Sydney Hobart Yacht Race - Wild Oats XI is still leading the 2014 Rolex Sydney Hobart, some 38-nm from Hobart, and hoping to close in on a record eighth line honours win. ... [more]  

2014 Rolex Sydney Hobart Yacht Race - The crew on the American super maxi Comanche have not thrown in the towel. They do not believe the race for line honours in the Rolex Sydney Hobart is over despite Wild Oats XI’s commanding lead. ... [more]  

2014 Rolex Sydney Hobart Yacht Race - Bob Oatley’s 10 year-old super maxi Wild Oats XI is racing towards an historic eighth line honours victory in the Rolex Sydney Hobart this morning. ... [more]  

Rolex Sydney Hobart: Wild Oats rounds Tasman Island by Richard Gladwell, Sail-World.com/nz
Seven time race winner, Wild Oats XI (Oatley family) looks set to take her eighth win, after rounding Tasman Island just before noon, local time. The supermaxi rounded the landmark with a ten mile lead over the US supermaxi Comanche and has about 35nm to sail in a direct line to the finish line off Hobart. ... [more]  

With the front runners in the Rolex Sydney Hobart expected to sneak through in light to moderate tail winds, the weather prognosis for the remainder of the fleet is, well, interesting. The simple analysis is that fresh northerly winds will give the fleet a fast ride on Sunday and during the daylight hours of Monday. ... [more]  

Wild Oats XI (Oatley family) is expected to cross the finish line, around 4pm on Sunday and take her eighth line honours win. The race leaders are making good time down the coast of Tasmania, and at daybreak had approximately 100nm to sail. ... [more]  

Sydney to Hobart - Another 40 foot white-wash? by Rob Kothe and the Sail-World team
With the Supermaxi battle probably all over in this 70th Rolex Sydney to Hobart race, unless Wild Oats XI drops her rig in the next five hours, she is set to take her eighth line honours victory so at last the attention will shift to the real race, the battle for handicap honours. ... [more]  

Rolex Sydney Hobart: Your Turn, Then My Turn, Then Your Turn! *Feature
Sydney-Hobart: First, Second and Third! *Feature
Rolex Sydney Hobart 2014; Handicap Honours Predictions VIDEO *Feature
Sydney Hobart 2014: A ridge too far for Comanche
2014 Rolex Sydney Hobart Yacht Race - Images by Daniel Forster
2014 Rolex Sydney Hobart Yacht Race - Honing in on halfway
Sydney Hobart Race: 'The Old Girl' proves she's still got great legs
2014 Rolex Sydney Hobart Yacht Race - Drama among the supermaxis
Rolex Sydney Hobart Yacht Race images by Howard Wright
2014 -15 Barcelona World Race - Food, food, some not so glorious!!
2015 Fireball World Championship - Notice of Race released
Rolex Sydney Hobart: Supermaxi Race Start VIDEO *Feature
Rolex Sydney Hobart: Perpetual Loyal forced to retire with hull damage *Feature
2014 Rolex Sydney Hobart: Clouds backs the small boats for overall win
Rolex Sydney to Hobart: Replay video coverage on Sail-World *Feature
Sydney Hobart - Comanche leads but Oats XI keeps the rubber band on
Will Comanche take a scalp?
Rolex Sydney Hobart Yacht Race 2014- Southerly takes its toll
Rolex Sydney Hobart: Comanche leads in softening morning breeze *Feature
Rolex Sydney Hobart - Comanche take a gun to the knife fight + Video
Rolex Sydney Hobart Yacht Race 2014 - Supermaxi contest + Video   
Rolex Sydney Hobart: Images from the flying start on Sydney harbour   
Rolex Sydney Hobart Yacht Race 2014: Start photos by Andrea Francolini   
Sydney Hobart 2014 The Cutting edge Formula 1 yacht still leads   
Rolex Sydney Hobart Yacht Race 2014 – Grand dame heads back to Sydney   
Rolex Sydney Hobart Yacht Race - Day 1 start images by Carlo Borlenghi   
Rolex Sydney Hobart: Race Start Images by Crosbie Lorimer *Feature   
Clipper Ventures 10 starts Rolex Sydney Hobart Yacht Race   
Rolex Sydney Hobart Yacht Race - Another year another record   
Rolex Sydney Hobart 2014 – Comanche on the warpath   
2014 Rolex Sydney Hobart - Spithill to grind on Comanche   
Rolex Sydney Hobart Yacht Race – Spinnaker start forecast   
Rolex Sydney Hobart Yacht Race - Wild Oats XI ready to go   
Adventures of a Sailor Girl: Hobart coverage - December 26 - Live   
Rolex Sydney Hobart - The Peyron Perspective -Old People On New Boats *Feature   
2014 Rolex Sydney Hobart - Spithill to grind on Comanche   
Rolex Sydney Hobart; Wild Oats XI trials Goose for Christmas   
Rolex Sydney Hobart Yacht Race 2014 - The Weather Gate *Feature   
For Christmas a Shiny new Sail-World.com *Feature   
Sydney-Hobart: Wacky Races 3 – Gravel and Red Max versus VMG *Feature   


For this week's complete news stories select    Last 7 Days
   Search All News
For last month's complete news stories select    Last 30 Days
   Archive News







Sail-World.com  


















Switch Default Region to:

Social Media

Asia

Australia

Canada

Europe

New Zealand

United Kingdom


http://www.sail-world.com/event_images/image/Twitter_logo_small.png http://www.sail-world.com/event_images/image/FaceBook-icon.png  http://www.sail-world.com/event_images/image/RSS-Icon.png

United States

Cruising Northern

Cruising Southern

MarineBusiness World

PowerBoat World

FishingBoating World

 

Contact

Commercial

News

Search

Contact Us

Advertisers Information

Submit news/events

Search Stories/Text

Feedback

Advertisers Directory

Newsletter Archive

Photo Gallery

 

Banner Advertising Details

Newsletter Subscribe

Video Gallery

Policies

 

 

 

Privacy Policy

 

 


Cookie Policy

 

 



This site and its contents are © Copyright TetraMedia and/or the original author, photographer etc. All Rights Reserved.  Photographs are copyright by law.  If you wish to use or buy a photograph contact the photographer directly.
XLXL NEW US
LocalAds   DE  ES  FR  IT