sail-world.com
 
 
News Home Cruising Photo Gallery Video Gallery

 

Sail-World.com : Editorial: Thanks Mate!!!

Editorial: Thanks Mate!!!

'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.

Golden Gate YC’s BMW Oracle Racing has prevailed in the dispute, and will now become the Challenger of Record for the 33rd America’s Cup. -  MCC McCamp   Click Here to view large photo


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.

Emirates Team NZ shows there is still plenty of interest in the America’s Cup at their Media Conference this afternoon -  © Richard Gladwell?nid=39459   Click Here to view large photo


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.




by nzeditor@sail-world.com

  

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

http://www.sail-world.com/index.cfm?nid=39459

5:44 AM Wed 28 Nov 2007 GMT






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

Click for further information on
Newsletter Editorial Australia

Related News Stories:

03 Nov 2014  Volvo, AC, Bush fires, Snow and is 75 the new 60?
29 Oct 2014  Henri Lloyd's famous summer sample sale on now
27 Oct 2014  ISAF gap at the top, 18 footers, AC, Volvo and more
11 Oct 2014  Volvo Ocean Race 2014-15 – Just hours before the start
06 Oct 2014  Volvo, Extreme 40 and the latest Australian sailing news
15 Sep 2014  Santander and Alicante - Nathan unloads, Mat explains, and Nico wins
18 Jun 2014  Sick of the America's Cup but read every word, and watch every video
06 Jun 2014  America's Cup- Spithill baits Kiwis, Aussie Laser sailors face tests
22 May 2014  Latest Sydney Hobart race winner sailing at Magnetic Island Race Week
07 Apr 2014  ISAF Worlds, VOR and Melges 32s—Sailing news from the U.S. and beyond
MORE STORIES ...

News - USA and the World

2014 ISAF Sailing World Cup Final - Abu Dhabi - The leaderboards across the ten Olympic and open kiteboarding event at the 2014 ISAF Sailing World Cup Final in Abu Dhabi, UAE are shaping up ahead of the penultimate day of racing. ... [more]  

The ‘Mirabaud Yacht Racing Image 2014’ competition is proving more popular than ever. In just under a month, no less than 50,000 people have visited the event website and viewed 380,000 pages, whilst more than 28,000 people have already voted for their favorite photograph. The social networks have been hugely successful too, with uncountable mentions, ‘shares’ and ‘likes’. ... [more]  

We won’t be able to relax until the end of the leg, it’s the kind of problem that can end our race. Its happened a load of times in offshore racing. ... [more]  

2014 World Yacht Racing Forum - The CEO of Alvimedica will be one of the event speakers alongside Sir Keith Mills, Bertrand Cardis, Bryan Winning, David Brabis, James Dadd, Dobbs Davis, Alistair Fox and many other key personalities from the yacht racing industry. ... [more]  

2014 RORC Transatlantic Race - As predicted, a low pressure system arrived in Lanzarote in the early hours of this morning, bringing strong westerly winds of over 30 knots gusting up to 45 knots. The sea state in the region has been building all day. The forecast for tomorrow morning is much the same, however may abate by the afternoon. ... [more]  

We’re talking, of course, about Johannes Polgar and Markus Koy, who make up one of two German duos in Nassau this year, along with 2014 World Champion Robert Stanjek. Polgar and Koy have been strong sailing partnership for many years now and finished fifth in the 2013 Star Sailors League Final with just Scheidt-Prada, Kusznierewicz-Zycki, Mendelblatt-Fatih and Negri-Lambertenghi in front of them. ... [more]  

Volvo Ocean Race: Heading into a tropical Depression *Feature by Mike Scullin, Predictwind
The weather team at PredictWind have put together this prognosis for the next few days, looking at what lies ahead of the Volvo Ocean Race fleet ... [more]  

Seven Australian Sailing Team and Squad crews are currently competing in five of the Olympic events at Abu Dhabi at the inaugural ISAF Sailing World Cup Final. Next on the AST and Squad’s calendar is the World Cup in Melbourne, December 7-14, 2014. The deadline of Tuesday December 2nd for entries is fast approaching and organiser Yachting Victoria is calling for final registrations. ... [more]  

2014 RORC Transatlantic Race - The inaugural RORC Transatlantic Race, in association with the International Maxi Association (IMA), starts on Saturday 29th November 1200 CET from Lanzarote, Canary Islands bound for Grenada, West Indies, 2,995 nautical miles across the Atlantic Ocean. ... [more]  

ISAF Sailing World Cup Final Abu Dhabi 2014: Smiles were present before racing at the Abu Dhabi Sailing & Yacht Club, on the waters off of the Corniche and around Lulu Island and back ashore upon the conclusion of racing. A north westerly breeze that ranged between 9-14 knots greeted the sailors across the four race tracks. The outside courses saw big waves to add some spice to the sailors’ lives. ... [more]  

Volvo Ocean Race - Team Brunel: Sailing against the wind and ramming into waves is not exactly comfortable. But it can get worse, because right now we are heading straight into a tropical storm. 'Tro-tro-tropical storm?' I stammer in fright to Louis Balcaen. The young Belgian sailor quickly makes it clear that I’m not the only one who is afraid of this particular weather condition. ... [more]  

The Commodore of the San Diego Yacht Club, which has hosted three America's Cups and one America's Cup World Series, appeared on local TV, commenting on the apparent decision to award the 35th America's Cup to British Overseas Territory of Bermuda. In this replay of the video Commodore Chuck Sinks, deftly stays within the confines of not confirming that Bermuda has won the hosting rights. ... [more]  

Overall race leader, Abu Dhabi Ocean Racing has slipped in the Volvo Ocean Race having led for most of Leg 2, and won Leg 1. But as has been done before Abu Dhabi has caught up, and now playing storm-watch. ... [more]  

Mast track issues have dogged the Chinese Volvo Ocean Race entry, Dongfeng Race Team on Leg 2 on the 40,000nm round the world race. The problem is not fully repairable in the current upwind and bumpy conditions, and is certainly an issue of concern for Charles Caudrelier led team. ... [more]  

Volvo Ocean Race: The Traemeister's onboard gym session *Feature by Richard Gladwell/Sail-World.com/nz
On Board Reporter, Brian Carlin, claimed he did not know what a Gym before he set foot aboard Team Vestas Wind. And then compounded his issues by saying that he thought 'Gym' was pronounced 'Gime'. Fitness freak Trae has taken on the invidious task of getting the Irish OBM up to a passable fitness level, believed to be 100 push-ups. ... [more]  

Volvo Ocean Race: Thanksgiving at Sea *Feature by Richard Gladwell/Sail-World.com/nz
Although they may be far from home, old traditions aren't forgotten as the US crew aboard Team Alvimedica celebrate one of the great traditions. And the non-US crew partake of their first Thanksgiving, off the coast of Madagascar. There's some of the traditional fare, adapted for the Volvo Ocean Race, and some messages and mementos from home. ... [more]  

2014 Rolex Sydney Hobart Yacht Race - The official launch of Syd Fischer’s super maxi, Ragamuffin 100, will take place next Tuesday, 2 December 2014, at Sydney City Marine Complex, Rozelle. ... [more]  

The new application from PredictWind for Mac and PC is revolutionary for accessing weather data when offshore. Accessing GRIB files, Weather Routing, GMDSS forecasts and Satellite Imagery is now a simple task with the unique and user friendly interface. ... [more]  

Volvo Ocean Race: Mapfre takes lead in Leg 2 as break point looms *Feature by Richard Gladwell/Sail-World.com/nz
The latest position report from Volvo Ocean Race Control has given the lead in leg 2 of the Volvo Ocean Race to Mapfre (Iker Martinez). She takes over the lead from Abu Dhabi Ocean Racing (Ian Walker), who has led from soon after the start of Leg 2, a week ago. ... [more]  

Over 270 sailors from 38 nations have enjoyed a mixed range of conditions since their arrival early on in the week. The athletes have used the time to acclimatise to their surroundings, different sea states and a variety of wind strengths. But now, the practice time is over with racing across the ten Olympic and open kiteboarding fleets to kick start the inaugural ISAF Sailing World Cup Final. ... [more]  

VOR 2014-15: Some of them also wake up in the middle of the night to check the latest position reports of Team Brunel. The crew is aware of that, including our skipper Bouwe Bekking. 'We are not the only ones looking out for the position reports. We know that the home front is eyeballing every move of us. Our wives, children, girlfriends, friends and supporters live this race as extreme as we.' ... [more]  

ISAF Sailing World Cup Final 2014: Among the ten Olympic series represented, Franck Cammas will be participating in the event for the first time aboard a Nacra 17, this time teaming up with the young, light Alizée Desbordes. Having remained in France to satisfy her professional obligations, Sophie de Turckheim will be following the performance of her favourite helm closely. ... [more]  

ISAF Sailing World Cup Final: Bjorn Allansson (SWE), Briana Provancha (USA), Sofia Bekatorou (GRE), Lara Vadlau (AUT) and Anton Paz (ESP) have fully embraced the Abu Dhabi and Emirati life, grasping the opportunities available with both hands. 'There are so many welcoming and friendly people here,' explained Provancha at the opening press conference. ... [more]  

Leading sailing marine electronics manufacturer B&G has been appointed an Official Race Supplier for the Volvo Ocean Race 2014/15. B&G will also be providing full electronic navigation systems, tactical software and race support to the organisers of the 2014 Volvo Ocean Race, which began on the October 4th in Alicante, Spain. ... [more]  

If you missed this week's edition of Adventures of a Sailor Girl, then hear the replay below. Adventures of a Sailor Girl #31 - Pathways and passion! ... [more]  

Star Sailors League Finals: This Bahaman event is about much more than just sailing, however: it promises a blistering week of high emotion, passion and dazzlingly action that will deliver a unique display of sporting prowess from a slew of champions. All in an easy-to-grasp and see format that even non-sailing folk will understand perfectly. ... [more]  

America's Cup: Sweden to host World Series regatta in 2015 by Richard Gladwell/Sail-World.com/nz
Artemis Racing and the City of Gothenburg are set to host an America’s Cup World Series event during the last weekend of August (28th - 30th) 2015. Racing will take place either on the Gota River close to the city centre, or at Långedrag, and the race village will be located in Frihamnen. ... [more]  

2014 RORC Transatlantic Race - The inaugural RORC Transatlantic Race, in association with the International Maxi Association (IMA), starts on Saturday 29th November from Lanzarote bound for Grenada, 2,995 nautical miles across the Atlantic Ocean. All of the competing yachts are now safely moored in Puerto Calero Marina and last night an informal welcome drinks reception was well received with crew ... [more]  

2014 Chicago Match Cup - At the end of Chicago Match Race Center's sixth season, the numbers show how well CMRC reached both into and beyond the Great Lakes sailing community. CMRC hosted a total of 12 graded events from May to October. Of these, the five Grade Three regattas were the best attended featuring 23 skippers from nine countries. ... [more]  

2014 Extreme Sailing Series - Act 8 - Tom Slingsby, Australian Olympic Laser Gold medalist, and member of Oracle Team USA, has signed up as skipper of Oman Air, one of two Oman Sail Extreme Sailing teams, for the final act of the Extreme Sailing Series in Sydney, Australia (11-14 December). ... [more]  

Volvo Ocean Race: Big spread in fleet as Abu Dhabi leads *Feature by Richard Gladwell, Sail-World.com/nz
Abu Dhabi (Ian Walker) continues to lead the Volvo Ocean Race. She is the most westerly of the fleet as they approach the coast of Madagascar. In a video, Abu Dhabi skipper Ian Walker explains the weather hazards of the second leg of the Volvo Ocean Race. ... [more]  

ISAF Sailing World Cup Final 2014: With a packed crowd of local dignitaries, VIPS and competitors, the ISAF President welcomed the world’s finest Olympic sailors and kiteboarders who will be battling it out on Abu Dhabi's waters. 'It’s a great honour for me to be here today because we have a very important regatta which will be the future of our sport,' explained Croce. ... [more]  

Sir Keith Mills GBE announced that America’s Cup Racing is to return to British waters when the America’s Cup World Series (ACWS) takes place in Portsmouth 23-26 July 2015 and 21–24 July 2016. The second European location is expected to be Cagliari in Italy, where Luna Rossa Challenge have their base. ... [more]  

Volvo Ocean Race: Welcome to Brian's Gime *Feature
Volvo Ocean Racing: Abu Dhabi Leg 2 Review and what will win the Race *Feature
Rolex Sydney Hobart Yacht Race 2014 - A new deal for corinthians
2016 Hansa Class Combined World and Int'l Champs held in Netherlands
Turkey Day Regatta - Day 2
St Barth Cata Cup - New winners on the Island
Star Sailors League Final -Interview with Robert Scheidt
USODA 2015 Nationals - Pensacola Yacht Club to host
Sir Robin Knox-Johnston, an inspirational legend
ISAF Sailing World Cup Final: Inspiring the next generation in the UAE
Airwaves Noumea PWA Dream Cup – Albeau completes world title hat-trick
Volvo Ocean Race – Team Alvimedica pushing harder
Volvo Ocean Race – ADOR continues to inspire youth
Volvo Ocean Race – Team SCA’s super fan
ISAF Sailing World Cup Final: Abu Dhabi Sailing Instructions published
ISAF Sailing World Cup Final - Italian 49erFX duo ready for action
St Barth Cata Cup day 3
Volvo Ocean Race: Racing between a Rock and a Hard Place
Volvo Ocean Race - Position report at: 24 Nov 0700 UTC
2014 RC44 Championship Tour trophy – Video highlights
Volvo Ocean Race - Position report at: 23 Nov 1930 UTC   
Volvo Ocean Race - Position report at: 23 Nov 0748 UTC   
Gladwell's Line: The America's Cup is now Bermuda's Cup? *Feature   
VX ONE Winter Series - Norris and Family earn first weekend victory   
RC44 Oman Cup - Nika wins and Team Aqua clinch their fourth RC44 title   
18ft Skiffs: Club Championship, Cordukes Clubhouse Trophy - Race three   
Volvo Ocean Race: On board with Abu Dhabi - torn sail and where to go? *Feature   
2014 Argo Group Gold Cup - Bermuda shines   
2014 Turkey Day Regatta – Day 1   
Airwaves Noumea PWA Dream Cup - Delphine Cousin officially world champ   
Volvo Ocean Race: A man's got to do what a man's got to do   
RC44 Championship Tour - A great sailing day on the Gulf of Oman   
Sail-World Team holds first Continental Conference at METS   
ISAF Sailing World Cup Final - Open Formula Kiteboarding event preview   
Volvo Ocean Race: Fleet heads into the Southern Ocean + Videos *Feature   
ISAF Sailing World Cup Final - Set to be an 'experience of a lifetime'   
America's Cup: Source named in Bermuda venue leak *Feature   
2014 RC44 Oman Cup - Challenging day + Videos   
Volvo Ocean Race: A bumpy, hard driving ride in the Southern Ocean   
EPA punts on renewable fuel standard   


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 WAS US
LocalAds   DE  ES  FR  IT