Please select your home edition
Edition
Naiad

America's Cup- Jury deflects Artemis claim over error on daggerboards

by Richard Gladwell on 25 Nov 2012
Artemis Racing’s AC72 with smaller volume daggerboards designed to a different AC Rule interpretation Sander van der Borch / Artemis Racing © http://www.sandervanderborch.com

Artemis Racing, the Challenger of Record for the 34th America's Cup, have lost an appeal to the International Jury over their earlier daggerboard/hydrofoil measurement decision.

On October 7, the International Jury ruled on an application from Emirates Team New Zealand, that the Measurement Committee had exceeded its jurisdiction in issuing an interpretation that changed a Class Rule governing the AC72 catamarans to be used in the America's Cup Regatta starting in July 2013.

The key to that decision was whether or not the daggerboards used by the catamarans should be either raised or lowered when calculating the displacement of the canoe body of each hull of the catamarans.

The rule said that the canoe body could not be less then 45% of the total displacement. (Class Rule 1K states: hull means a canoe body, part of which displaces 45% or more of the AC72 Yacht’s displaced volume when floating in measurement condition;)


The Measurement Committee had made the ruling that the canoe body (normally the plain hull of a boat, without keel or rudder attached) should have its displacement measured with the dagger boards down.

Because the dagger boards have positive buoyancy, this ruling would have had the effect of reducing the size of the dagger boards, and possibly limiting the ability of the AC72 to sail in a hydrofoiled mode.

In the original decision Emirates Team NZ and Luna Rossa argued against the Challenger of Record and Defender Oracle Team USA, claiming that the Measurement Committee had effectively changed a class rule, which they were not permitted to do.

Surprisingly, regatta organisers America's Cup Regatta Management lodged a submission in support of the New Zealand and Italian teams - an unprecedented move which is understood to have displeased both the Challenger of Record and Defender. ACRM for the first time in America's Cup history, has been established as a body independent of the competitors and made a submission as it saw fit, rather than in bygone days when it, or its equivalent would have taken a position on such matters which would always have been solidly behind the Defender.

With a 3-2 majority in favour of the Emirates Team New Zealand position, it was possibly not surprising that the International Jury sided with the majority view, and ruled that the daggerboards could be in the raised position to calculate the canoe body displacement. (Such a rule is necessary as being the only real way to determine that a boat is a catamaran type (two equal hulls) and not a trimaran or proa or some other sort of multihull.)

The original Jury Decision was greeted with dismay by both the Challenger of Record and Defender.

Not surprisingly the Challenger of Record, who would normally speak for all, or a majority of the Challenger, decided to lodge an appeal to the same International Jury, claiming that they had committed the same error they accused the measurement Committee of doing - namely to effectively change a class rule, and had exceeded their authority.


The Jury Decision summarised the Artemis Racing claim thus:

6. AR (Artemis Racing) claimed that the Jury amended the CR (Class Rule) by noting in paragraph 56 of its Decision in AC16 (original decision #) that the Decision would have the effect of removing the '45%' limitation in CR 1.4(k) which was to allow a maximum of 10% for displacement of foils.

7. AR also submitted that neither the CR nor the Protocol give the Jury the right to remove or amend a CR. They submitted that the MC (Measurement Committee) in issuing PI (Public Interpretation) 22 had interpreted CR 1.4(k) without changing any of its words. To amend a CR requires the unanimous consent of all the Competitors.

8. AR further submitted they have spent two years researching and designing their AC72 Yacht based on the volume limits depicted in CR 1.4(k) and the removal of such limits 'renders much of that work meaningless, and sways the balance of foiling vs non-foiling in the favor of the foiling solution.' AR also claimed 'this Amendment unnecessarily favors the interest of on competitor.'


However the International Jury was not persuaded by the arguments advanced by Artemis Racing and supported by Oracle Team USA, and dismissed the claim that it had erred in its original Decision.

In the Discussion section of its decision on the appeal the International Jury noted that it had the right to make a determination under the Protocol, and that all it had done in its original decision was to remove
the additional conditions prescribed by the Measurement Committee, including the need for the daggerboards to be fully lowered.

The International Jury rules that all it had done was to reinstate the Class Rule as it had originally been written, and therefore the Jury’s Decision did not change a Class Rule as Artemis Racing had alleged.

The appeal by Artemis Racing was dismissed.

http://noticeboard.americascup.com/wp-content/uploads/2011/08/JN054.pdf!Click_here to read the latest Decision and http://noticeboard.americascup.com/wp-content/uploads/2011/08/JN051.pdf!click_here to read the original Decision of October 7, 2012

For the full AC Class rule http://noticeboard.americascup.com/wp-content/uploads/2011/09/AC72_Class_Rule_v1-1_incl-Amendments-1-8.pdf!click_here

Zhik Isotak Ocean 660x82Mackay BoatsBakewell-White Yacht Design

Related Articles

America's Cup - Kiwi lodges Appeal against Jury in San Francisco Cup
Former Oracle Team USA crew member, Matthew Mitchell (NZL) has lodged an Appeal against a Decision to dismiss his case Former Oracle Team USA crew member, Matthew Mitchell (NZL) has lodged an Appeal against a Decision to dismiss his case taken against the International Jury for the 34th America's Cup in San Francisco. On October 28, 2016, US District Judge Vince Chhabria dismissed Mitchell's claim against the five-person International Jury on the basis that it was lodged too late.
Posted on 2 Dec
A Q&A with Nick Bice about the recent changes for the 2017/2018 VOR
I caught up with Nick Bice, the VOR’s director of boats and maintenance, to learn more about the VOR’s new directions. I recently had the pleasure of hearing Nick Bice, the Volvo Ocean Race’s director of boats and maintenance, deliver a keynote speech to an audience of marine-industry professionals and official Volvo Ocean Race suppliers at the 2016 METS trade show in Amsterdam. I caught up with Bice after his presentation to learn more about the new directions that the race is taking for its thirteenth edition.
Posted on 28 Nov
A Q&A with Sharon Green about the prep work that ensures great images
I talked with ace photographer Sharon Green to learn more about the prep work that goes into each image that she snaps. I caught up with ace photographer Sharon Green at the 2016 Alcatel J/70 Worlds to learn more about the behind-the-scenes preparation work that goes into each image that she snaps. While some of Green’s tips are specific to professional shooters (e.g., helicopter time or juggling multiple camera bodies), plenty of amateur lensmen will be well served to consider Green’s racecourse-proven tips.
Posted on 23 Nov
Dockside with CQS - radical, revamped supermaxi up close
The revamped supermaxi CQS is currently in Auckland's Silo Marina, ahead of her first race on Friday The revamped supermaxi CQS is currently in Auckland's Silo Marina, ahead of her first race on Friday - the White Island Race which will double as Rolex Sydney Hobart Qualifier. Originally the 90ft Nicorette designed by South African Alex Simonis, the new project to upgrade to a 100ft supermaxi has been led by Brett Bakewell-White (NZ) and Bakewell-White Yacht Design.
Posted on 22 Nov
Gladwell's Line - President Croce caught at helm in Perfect Storm
No real surprise that incumbent President Carlo Croce (ITA) was unseated mid-way an eight-year term After a year or more punctuated with issues that should not have happened, it is no real surprise that incumbent President Carlo Croce (ITA) was unseated mid-way through what should have been an eight-year term. Also gone is one of his lieutenants, Chris Atkins (GBR) as Vice President, who remarkably polled 13th out of the 15 candidates.
Posted on 15 Nov
Gladwell's Line -The America's Cup settlement deal
The 'News' today that Emirates Team New Zealand has won their case before the Arbitration Panel is not news The 'News' today that Emirates Team New Zealand has won their case before the America's Cup Arbitration Panel is not new - Sail-World reported the same story in the first and second weeks of September. The Hearing on the amount of compensation to be paid is yet to be held. So far we have been unable to discover a date if indeed one has been set. Maybe next year?
Posted on 11 Oct
Debriefing the 2016 J/70 Worlds with Winning Skipper Joel Ronning
I talked with Joel Ronning after the 2016 Alcatel J/70 Worlds to learn about his team’s win at this high-level regatta. Since its inception in 2012, the J/70 has become the most popular One Design boat in decades, with 1,100+ boats sailing in myriad countries. Some 68 boats from 15 countries arrived on San Francisco Bay last week to determine bragging rights at the 2016 Alcatel J/70 Worlds. I caught up with Joel Ronning to learn more about the Catapult team’s road to becoming the 2016 J/70 World Champions.
Posted on 5 Oct
Rio 2016 - America's Cup champ says Paralympic racing is closest ever
Twice America’s Cup champion, Rick Dodson is extremely impressed with the standard of racing in the three man Sonar Twice America’s Cup champion, Rick Dodson is extremely impressed with the standard of racing in the three man Sonar keelboat class at the 2016 Paralympics in Rio de Janeiro. The regatta is being held in Guanabara Bay on three of the courses used for the Olympic Sailing Regatta in August.
Posted on 13 Sep
Debriefing the Rio 2016 Olympics with Team USA’s Helena Scutt
I talked with Team USA’s Helena Scutt to hear about her Olympic experience, and to learn more about her post-Rio plans. The 49erFX was introduced to Olympic circles when it replaced the Women’s Match Racing event following the 2012 Games. Not surprisingly, it drew high-performance sailors for the Rio 2016 Olympics, including Team USA’s Paris Henken and Helena Scutt. While Henken and Scutt were Olympic first-timers, they put on a strong show. I caught up with Scutt to hear more about her Olympic experience.
Posted on 8 Sep
A Q&A with Peter Bresnan ONE Palma’s founder and director
Sail-World interviewed ONE Palma’s founder Peter Bresnan to learn about the company’s partnership with McConaghy Boats For the past eight years, ONE Palma (formerly OneSails Spain) has been building a strong name, first as a sailmaker and later with refit work. Recently, ONE Palma and McConaghy Boats-legendary boatbuilders who have crafted some of the planet’s fastest sailboats-entered a business partnership. I caught up with Peter Bresnan, ONE Palma’s founder and director, to learn more about this new direction.
Posted on 2 Sep