Please select your home edition
Edition
Bakewell-White Yacht Design

Editorial- Thanks Mate!!!

by nzeditor@sail-world.com on 28 Nov 2007
Justice Herman Cahn produced a decision which does not look likely to be able to be appealed. Event Media
Richard Gladwell our Sail-World New Zealand editor is a happy sailor today. We reprint his latest editorial.



The topsy-turvy world of the America’s Cup did flying forward flip, this morning, landed firmly on its feet, and was greeted with a loud cheer from sailing fans around the world.

The applause came not so much that Golden Gate YC had won their lawsuit, and Societe Nautique de Geneve had lost. But rather, that there had been a decision in the case which has dogged the sailing for the past four months, and had bought the world’s premier sailing event to its knees.

The task required of Justice Herman Cahn was to interpret the 1887 Deed of Gift of the America’s Cup against an agreed set of facts between the Defender and the Pretender as to whether the Challenger of Record, accepted by SNG was legitimate, in terms of compliance with the Deed.

SNG had to satisfy the Court that their chosen Challenger, Club Nautico Espanol de Vela, a self-confessed 'legal adjustment' of the Spanish sailing federation RFEV, complied with two basic requirements of the Deed of Gift.

Justice Cahn found that the 'club' failed on two counts. And, upheld the claim by Golden Gate YC, the Pretender, who now assume the mantle of the Challenger of Record.

After turning down numerous overtures to settle, Societe Nautique de Geneve, America’s Cup Management and Alinghi, are now required to either negotiate a Protocol for the conduct of the 33rd America’s Cup or face a challenge in 90ft multihulls in July 2008.


One would now hope that sanity will prevail in the America’s Cup game, and that much of the good work that has been done to date can be continued – with a few snips and tucks. And, that the sailing world can look forward to a match in the new AC90 class in July 2009 as originally planned.

Golden Gate YC, through their team BMW Oracle Racing, have set out their conditions for the revised Protocol – key points of which were as of 17th October:

1. Disclosure of the class rule to ensure that Alinghi had no head start in the design process.
2. All Challenger of Record decisions shall he made by a majority of the Challengers, including Protocol amendments.
3. Two additional Arbitration Panel members shall he appointed by the Challengers.
4. Defender may sail in the Challenger Selection Series but results in these races will not count.
5. Amendment #1 to the Protocol enacted as originally drafted.
6. Regatta Director shall be appointed by mutual consent and ‘with powers according to Section 5 of the AC 32 Protocol. ISAF approval of independent Jury. Umpires and Measurers.
7. GGYC and any other legitimate potential challenger shall be accepted as challengers and become part of this process.
8. AC 33 event to be held in 2009 in Valencia.
9. All teams (Challengers and Defender) to be able to build two boats and use them freely (either two boat testing or sailing against other teams) after January 1. 2009. Before January 1. 2009. teams shall not sail more than one boat at a time.

In simple language these mean a return to mutual consent on the key elements of the Protocol; two boat testing allowed after January 2009; and for the America’s Cup to be staged in 2009 in Valencia – thus lowering the postponement flag hoisted by America’s Cup Management, last Friday morning, New Zealand time.


In this edition we have reaction from Emirates Team New Zealand, including an audio clip from their media conference this afternoon. We expect reaction from Europe on their next business day and will be posting this on Sail-World.com as it comes to hand.

The good news for Kiwi fans is that Emirates Team New Zealand look to be on full song, and are probably the best prepared sailing-wise of any of the teams. The beating of their skipper, by his coach, last weekend in the NZ Match Racing Championships, will put a wry smile on the face of 'Team Tough'.

Emiartes Team NZ have been freed of much of the burden of the litigation on New York, but were heavily involved behind the scenes in trying to reach an out of court decision between the parties.

Regardless of the postponement signaled by ACM last week, the next full America’s Cup must be sailed in 2009, and that event should see a full deck of about ten challengers

Now is a time for cool heads, and the taking of an opportunity to make bygones be bygones, as another chapter in the America’s Cup has closed. Even so, those immortal words of Ernesto Bertarelli, will ring for a long time, as to whether SNG would prevail in the NY Supreme Court: 'It is not possible that we will lose. We have the best lawyers.' Hopefully there will be no more lawyers in the America's Cup. Yeah right!

However all involved must now take the opportunity, if the America’s Cup is to have a great future, that the Trustees Panel must be enshrined in the Deed of Gift to adjudicate on future issues.

Maybe Justice Herman Cahn could be its first, independent chairman.

Thanks, mate!'

Thanks too to Richard Gladwell

Rob Kothe & the Sail-World team.

Barz Optics - Melanin LensesWildwind 2016 660x82Colligo Marine 660x82

Related Articles

The door’s been flung open – again
Now whether it was the Champagne or something far more ethereal, there is the chance that sailing gets sexier for Tokyo Now whether it was the Champagne or something far more ethereal, there is the chance that sailing may get sexier for Tokyo 2020. Yes, the proverbial door has been cast ajar before, often to much fanfare, and not that much has been achieved.
Posted on 28 Aug
Rio 2016- Wacky winds on Monday and a bumper schedule on Tuesday
A tremendous squall struck the 49er fleet out on the Copacabana course on day 8 at the Rio 2016 Olympic Sailing Regatta. A tremendous squall struck the 49er fleet out on the Copacabana course on day 8 at the Rio 2016 Olympic Sailing Regatta. 2012 Olympic Gold medallist in the 49er, Nathan Outteridge described what happened.
Posted on 16 Aug
Rio 2016 sailing comes alive on 'Brutal Thursday'
In what has become known as 'Brutal Thursday', the Finns and 470s raced on the ocean course areas in huge waves. In what has become known as 'Brutal Thursday', the Finns and 470s raced on the Copacabana and Niterói ocean course areas, outside of Guanabara Bay in huge waves. Is was deemed that the Nacra 17s would have found the conditions too difficult to sail in so they were moved to the Ponte course near the bridge across the Bay.
Posted on 12 Aug
Brawn v Brain? The Bar or The Room?
Interesting questions and can they possibly be linked in any way. Interesting questions and can they possibly be linked in any way. Is it just the one connection, or could there indeed be several ways to address this conundrum? Well the route of the answer could be SailX, the online inshore racing game.
Posted on 7 Jul
Volvo Ocean Race to be contested over longest distance in history
Tough, intense, and featuring almost three times as much Southern Ocean sailing as the previous edition The 43-year-old race around the world – the ultimate ocean marathon, pitting the sport’s best sailors, against each other across the world’s toughest oceans – will start from Alicante in late 2017 with a 700nm sprint to Lisbon, Portugal that will provide the first test of the form guide.
Posted on 29 Jun
Volvo Ocean Race adds full Southern Ocean Leg and 5000nm to new course
Volvo Ocean Race has announced a new course for the 2017/18 round the world event. Several major changes are planned including a return to a full Southern Ocean leg, and the addition of a massive Leg 5 of 13,300nm - the longest leg ever sailed in the Volvo Ocean Race. By way of comparison a minimum circumnavigation around the planet is approximately 21,600nm to be recognised as, a record for the course by WSSRC.
Posted on 28 Jun
Foiling into the Windy City
. .
Posted on 10 Jun
Australia and Britain - The best of rivals or the best of partners?
There has always been a strong rivalry between Aussies and Poms, with of course the Ashes being the pinnacle of it all. There has always been a strong rivalry between Aussies and Poms in sport, with of course the Ashes being the pinnacle of it all. In the International Moth World Championship there is an Ashes trophy and, for the first time in a long while, the Brits took the trophy home.
Posted on 31 May
Practice makes perfect?
There are a lot of us who try to get out on the water whenever we can. There are a lot of us who try to get out on the water whenever we can - be it a club race, a weekend open or a championship. The general feeling is that the more we sail, the better we get, but is that actually the case?
Posted on 27 May
Races, Regattas and Disruptive Technology
x In the olden days, the major cost of attending a regatta for yacht owners and crew was the accommodation and still is. Of course for cruising yachties, traditionally the crew stays on boat, during regatta week, because after all it is replete with dishwasher, washing machine, a good cellar and an oven in which you could cook a roast. For racing boat owners or dinghy owners, life was not so easy.
Posted on 19 Apr