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

 

Sail-World.com : America's Cup: Life after Cahn. What happens next?

America's Cup: Life after Cahn. What happens next?

'Lawyers, bench at the latest New York Supreme Court hearing'    Event Media

The America’s Cup again made it to Court on Thursday (NZT). This time one the question of when the Match should be sailed. The arguments have been gone over many times by the PR and legal teams for both sides. However the tough question is what will happen next?

Justice Herman Cahn seems to be sticking closely to the Mercury Bay decision – in that the role of the Court is to interpret the Deed of Gift against the actions of the parties – and confirming or denying compliance.

Given that this Match is being conducted in the absence of Mutual Consent on any point, the America’s Cup could be headed for some bizarre twists.

Out of the courtroom, Alinghi probably hold more cards than many give them credit.

The risk from the Challenger’s perspective is that Justice Herman Cahn will rule that the original Match dates of July 2008 are binding as stated in the original Notice of Challenge. That will give BMW Oracle Racing a little under three months to get their multihull from the building site in Anacortes to the yet to be named Match venue. October 2008 is a more comfortable date - while still cutting off the potential for Alinghi to start the design and build process for a similar sized multihull.

Currently BMW Oracle's multihull is still under construction and is yet to emerge into its assembly phase in the tent constructed outside the build facility. At that point the hulls must be assembled and fitted out. Then it will be interesting to see if the multihull is sea trialled in USA, but the chances are that it will not. Then it must be flown to a yet to be advised Match venue, assembled and put into sailing mode, sea trialled and then put into race mode. That is a lot of work to get through by early July - and barring mishaps, which are always on the cards with this type of boat - three months is a more comfortable sea trialling and work up period.

While the Deed of Gift is quite specific on many points that are critical to a Deed of Gift Match it is silent on stating a deadline by which the venue must be announced. Of course, Alinghi may well know where they intend to defend – maybe a very heavy air venue, but just aren’t saying for the moment.

Remember the key point from the Mercury Bay decision was that a Match doesn’t have to be fair – just in compliance with the strict interpretation of the Deed of Gift.

Cahn has followed this view all through his deliberations. Club Nautico Espanol de Vela missed the requirements on a couple of points and was struck out; Golden Gate YC did comply as a challenging club and had lodged a valid challenge – it was in; there was no requirement in the Deed for a challenging vessel to be described in worlds – so calling a 90ft x 90ft multihull a 'keel yacht' didn’t matter; Challenger gets to name the date of the Match and provide the required measurement of its yacht – again no problem, according to Cahn. But none of his decisions have shaped the event in any way - all just pure intrepretation.

For its part Alinghi can name the venue, and turn up in any yacht it likes, provided it is more that 44ft long on the Load Waterline and is built is Switzerland. Doesn’t have to be a multihull, could be a canting keelboat, doesn’t have to be a new boat.

There would seem to be a loophole in the Deed of Gift, in terms of the naming of the venue, since at the time it was registered, there were no motor vehicles, or aeroplanes, and it was simply not contemplated that a yacht could be built other than alongside the sea, and sailed to the waters of the Defending club. Schuyler and friends believed that the Defending Club would always do so on its own waters, and by definition this set the venue. Very simply, no venue announcement was necessary.

Turn the clock forward 120 years, where the America's Cup is held by a yacht club based on a lake in landlocked Switzerland; where juggernaut trucks are common and America's Cup yachts are routinely flown around the world in the bellies of jet aircraft; and the America's Cup venue is bid by various would-be host cities. Yes it is quite a different world, and it is easy to see how this loophole is created - which can only be filled with an outbreak of mutual consent.

BMW Oracle may well have come up with a boat that is very quick in a straight line, and in compliance with the Deed of Gift. However they also have to comply with a couple of maxims of yacht racing – namely to finish first, first you must finish. And with a muilthull constructed under tight timeframes, and probably sailing in a heavy air venue the chances of breakdown are high. As we saw in the 2003 America’s Cup with NZL-82, the event is very unforgiving of gear and boat breakage - and gimmicks.

The other edge held by Alinghi is that it can go counter cyclic. That is instead of trying to match a multihull with another multihull – inherently difficult to manoeuvre in the prestart – Alinghi could put up a feisty monohull and go after the Challenger in the pre-start, looking for a rule infringement.

Remember that under the terms of a Deed of Gift Match there is no requirement for mutual consent on anything – so the consequence of a rule infringement is disqualification.

Imagine trying to avoid being caught in a luffing match in a 90ft 'square' multihull against a souped up ACC yacht, that can spin on a dime, with a crack match racing team aboard?

The first phase of any America's Cup Match is a match racing event, only once the yachts have started can it become a speed contest.

Then of course there is the matter of organisation of the match – which is also the prerogative of the Defender – who is entitled to sail the races according to 'its rules and sailing regulations'. Nothing in those words, or the Deed of Gift, to say that the Match must be 'fair'.

And it would seem that Alinghi also get to chose the race officials and Jury, which gets us right back into the mid-sixties when Sir Frank Packer said of a New York Yacht Club protect committee 'it’s like complaining to your mother-in-law about your wife!'

With the next decision from Justice Cahn expected to set the America’s Cup on track for its 33rd showdown. Many expect an Appeal from Alinghi (they are entitled to one Appeal and with the leave of the Court, a second). If an Appeal is to be lodged, then the timing of that is unlikely until all the decisions have been made by Cahn, and Alinghi can cherry pick its arguments from the three decisions made to date.

While there would seem to be no tolling provisions in force, it may be that tolling, or delay, of the Match dates can be invoked as part of an Appeal process, by either party.

Currently there is no doubt that BMW Oracle hold the high ground in the Courtroom, when the America’s up moves to the water, the advantage will swing Alinghi’s way. Just how far remains to be seen – but rest assured there are plenty of twists left in this game.




by Richard Gladwell, Sail-World NZ

  

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

http://www.sail-world.com/index.cfm?nid=43264

6:00 PM Fri 4 Apr 2008 GMT






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

Click for further information on
2013 America's Cup

Related News Stories:

24 Nov 2014  Gladwell's Line: The America's Cup is now Bermuda's Cup?
21 Nov 2014  Yates Cup: Images from the front of the fleet
21 Nov 2014  Spectacular performance by Bakewell-White maxi early in first race
20 Nov 2014  Wind and waves for WineWorks Marlborough Sauvignon Blanc Yacht Race
20 Nov 2014  Experience an America’s Cup Match Race with two Olympic Gold Medalists
19 Nov 2014  Etchells: Tuesday Night November 18 Report and Results
18 Nov 2014  Stoke Beer 18ft Skiff Auckland Champs: Knight Frank lead after 5 races
16 Nov 2014  Josh Junior wins the 2014 New Zealand Match Racing Championships
16 Nov 2014  49er and FX Intergalatics, Brazil: Kiwi stars shine in both skiffs
13 Nov 2014  NZ Match Racing Champs: Four seasons rolled into Day 1
MORE STORIES ...

News - USA and the World

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]  

Chairman and founder of the Clipper Race, Sir Robin Knox Johnston said: 'The Clipper Race is very pleased to welcome Hyde Sails back on board as Official Sails Supplier for our fourth consecutive race partnership. Hyde Sails evolved with us when we introduced the new Clipper 70 fleet in the last race and we were very pleased with how well the new sail wardrobes stood up to almost a year' ... [more]  

Volvo Ocean Race: Welcome to Brian's Gime *Feature by Brian Carlin, Team Vestas Wind, At sea
The irrepressible Brian Carlin, the On Board Reporter for Team Vestas Wind is on fitness program on board, under the watchful eye of race veteran Tony Rae. Today as my personal trainer, friend and fellow shipmate we accomplished a goal, 70 press-ups. I’m sure to some it maybe easy but I ask anyone of you right now sitting at your desk, hit the floor and give me 70 on the spot. ... [more]  

Two of the crew from Overall race leader, Abu Dhabi Ocean Racing look at leg 2 and the race overall. Here are the latest blogs (unedited) from On Board Reporter Matt Knighton, along with an onboard video with Simon Fisher (navigator) musing on what is required to win the race, and skipper Ian Walker on how Leg 2 has panned out for them so far. ... [more]  

Rolex Sydney Hobart Yacht Race 2014 - A new deal for corinthians by Bruce Montgomery – Rolex Sydney Hobart media
Rolex Sydney Hobart Yacht Race 2014: Since 1945 starters in the Sydney-Hobart have raced the equivalent of two circumnavigations of the world, almost 45,000 nautical miles. They have been drawn from the seven seas; they come from all corners of the world; they board boats that range from 100-feet supermaxis to boats littler larger than the Owl and the Pussycat’s. ... [more]  

2016 Hansa Class Combined World and International Championships - The International Hansa Class Association has announced that the 2016 Hansa Class Combined World and International Championships will be held in the Netherlands. ... [more]  

Most of the nearly 300 sailors on 216 boats in 21 classes in Alamitos Bay Yacht Club's 67th Turkey Day Regatta came to enjoy sunny sailing in mild conditions, which the weekend delivered beautifully. By tradition, the winners received turkeys, not trophies, but for a few others it was another important stopover en route to Rio de Janeiro and the 2016 Olympics. They hope. ... [more]  

Everyone was expecting a battle between Besson and Cammas. In the end, Morgan Lagravière took the Champion’s title of the seventh edition of the St-Barth Cata Cup with a near-perfect journey. The Marché U day ended with a friendly race to Public. ... [more]  

Robert Scheidt talks to us just a few days before the Nassau start of the Star Sailors League Final. How do you feel inside? I feel very calm. Myself and Bruno have tons of experience with the Star. We’ve been competing together for 10 years now. ... [more]  

The US Optimist Dinghy Association (USODA) has selected Pensacola Yacht Club (PYC) to host their 2015 National Championships. This championship will be a week-long sailing spectacular on Pensacola Bay sailed by International Optimist Dinghy sailors from eight to 15 years old. ... [more]  

More than forty five years since his historical circumnavigation, legendary Clipper Race founder Sir Robin Knox-Johnston, 75, continues to prove inspirational to adventurers around the globe. Sir Robin, the oldest entrant in the 3,542 mile Route du Rhum, finished third in his Rhum class into La Pointe À Pitre, Guadeloupe. ... [more]  

With Olympic heroes and World Champions in their numbers at the ISAF Sailing World Cup Final in Abu Dhabi, UAE, local children are being inspired to take up the sport. By utilising the star names on show at the ISAF Sailing World Cup Final, the Abu Dhabi Sailing and Yacht Club, hosts of the regatta, are using the event to promote the sport in the Emirati capital. ... [more]  

The last day of the Airwaves Noumea PWA Dream Cup saw a grandstand finale to the 2014 PWA World Tour as the morning showers finally cleared to allow the wind to fill in and the respective titles to be decided. With the racing beginning later than scheduled the title race came down to one final race, which would ultimately decide the title. ... [more]  

Sometime during last night’s moonless gloom in the Volvo Ocean Race, the masthead lights of Dongfeng and Mapfre appeared to the west, maybe right where they would have been if we had jibed with the fleet the previous day. To say that was a relief is an understatement-that we are back in touch, back in the fray near the front, it keeps everyone motivated and pushing a little bit harder. ... [more]  

Olympic medal-winning skipper Ian Walker, from Abu Dhabi Ocean Racing (ADOR) – the emirate’s Volvo Ocean Race contesting squad – recently took time out of his hectic schedule while he was in Cape Town, as the team prepared for Leg 2 of the race to catch-up with students at The British School Al Khubairat via a video call. ... [more]  

Volvo Ocean Race 2014-15 – Corinna Halloran reports on day five of leg 2 for Team SCA. Team SCA has a super fan. She’s seven and, at home, she has posters of Team SCA on her wall. As a member of the team, and as a woman in 2014, this is extremely cool. ... [more]  

The Sailing Instructions for the 2014 ISAF Sailing World Cup Final that will be held in Abu Dhabi, United Arab Emirates from 26-30 November have been published. All ten Olympic events and an Open Kiteboarding event will be contested in the Emirati capital off of the stunning Corniche. ... [more]  

Italy's Giulia Conti and Francesca Clapcich have been one of the leading teams in the Women's Skiff, the 49erFX, and head to Abu Dhabi, United Arab Emirates ready for the ISAF Sailing World Cup Final. ... [more]  

St Barth Cata Cup day 3 by Dominique Ladouceur
Day three’s race was a lot more difficult than yesterday’s at the St-Barth Cata Cup due to b winds. After pushing back the morning race to 2p.m. due to 30 knots winds at the tip of Colombier, the race committee decided to stick to only one race in the afternoon. ... [more]  

Team Alivimedica skipper Charlie Enright and navigator Will Oxley sat with Andy Rice to assess Leg 2 before the start in Cape Town. Here is the second part of the Leg Two analysis. ... [more]  

Position report for the Volvo Ocean Race boats as of 24th November 0700 UTC. It's been a fairly quiet night out there - and the biggest change is that the boats are beginning to close up, and become more compact. ADOR, who gybed north first, around six hours before the rest of the fleet on Saturday night, have moved south a little, whereas the rest of the boats have remained in the same line. ... [more]  

The 10 competing teams at the RC44 Oman Cup enjoyed a great sailing day on the Gulf of Oman for the penultimate day of the 2014 Championship Tour. Terry Hutchinson continued to guide Vladimir Prosihkin’s Team Nika the right way around the course, extending their lead in the overall standings, adding another race win to their scoreline, Team Aqua stay second with Charisma hanging onto third. ... [more]  

Position report for the Volvo Ocean Race fleet as of 23 November, 1900 UTC. Four days into the Leg 2, and the fleet is finally making progress towards Abu Dhabi. The seven boats are now south of Madagascar, and they’ve been heading north since last night. ... [more]  

Position report for the Volvo Ocean Race boats as of 0748 UTC, November 23rd. So what happened overnight? Abu Dhabi Ocean Racing were the first to head north and then progressively the other boats in the fleet decided to follow their lead. The fleet is really close together. ... [more]  

Gladwell's Line: The America's Cup is now Bermuda's Cup? *Feature by Richard Gladwell/Sail-World.com/nz
The America's Cup roared into life on Friday with the publication of a story out of San Diego, saying that the Californian venue had missed getting the nod as the venue for the next America's Cup. And that being the case, then the British Overseas Territory of Bermuda seems to have got the nod. ... [more]  

VX ONE Winter Series 2014: It was a family affair at the top of the leaderboard for the opening weekend of the VX One Winter Series. Michael, Christina, Robert and Phillip Norris bested 21 other teams at Sarasota Sailing Squadron to take the advantage in the three-weekend series, which continues through March 2015. ... [more]  

With no team able to discard the last event of the season, the podium positions were by no means secure as last day of racing got underway at the RC44 Oman Cup, in a sedate seven-knot breeze. Going into the final day Vladimir Prosikhin’s Team Nika, with tactician Terry Hutchinson calling the shots, sat at the top of the leader board having shown an unmatched level of consistency in Muscat. ... [more]  

Usual skipper Seve Jarvin and for’ard hand Sam Newton were joined in the team by James Wierzbowski for today’s race and led from shortly after the to defeat defending champion Thurlow Fisher Lawyers (Michael Coxon, Dave O’Connor, Dave Ewings) by 38s. Coopers 62-Rag and Famish Hotel (Jack Macartney, Mark Kennedy, Peter Harris) was a further 21s back in third place. ... [more]  

Overall race leader, Abu Dhabi Ocean Racing (Ian Walker) has had an eventful few days since the start in Cape Town on Wednesday. Their goal is to be first home in their home port of Abu Dhabi - six other boats willing. ... [more]  

2014 Argo Group Gold Cup - Take time to remember. It was mid-October, one week before the brilliant Sunday Finals of the Argo Group Gold Cup and Bermuda was slammed by the second major storm in a week. Tropical Storm Fay - or was it Hurricane Fay by then— had hit Bermuda with a sneaky left jab only five days earlier. ... [more]  

2014 Turkey Day Regatta - The largest of Alamitos Bay Yacht Club's popular holiday sailing competitions the 67th Turkey Day Regatta has nearly 300 sailors on 216 boats in 21 classes, several of them world champions taking the weekend seriously. ... [more]  

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
Yates Cup: US supermaxi Rio100 wins first offshore race + Video *Feature
Airwaves Noumea PWA Dream Cup - Men’s title race takes a twist
RC44 Oman Cup - Consistency hard to come by
Volvo Ocean Race - Discomfort takes over for Team Alvimedica
Volvo Ocean Race - Rapid change for Team SCA
Viper 640 event at Lake Garda - 22-26th June 2015
British Cycling grows by over 500%, can sailing do the same?
GC32 Racing Tour 2015 - Dates and venues
Class 40-footers to be featured in 2015 Annapolis-to-Newport Race
Spectacular performance by Bakewell-White maxi early in first race *Feature   
Airwaves Noumea PWA Dream Cup - Big strides for Cousin and Moussilmani   
America's Cup: Team New Zealand responds to Venue rumours *Feature   
ORC reveals rule improvements for 2015   
Volvo Ocean Race - Hammer down for Team Alvimedica   
Volvo Ocean Race - Team SCA heads for unknown territory   
ISAF Sailing World Cup Final set to be 'an experience of a lifetime'   
RC44 Oman Cup - Team Nika gets a taste for the podium + Video   
St Barth Cata Cup 2014 - Game on!   
Rolex Sydney Hobart Yacht Race 2014 - Wild Oats XI reveals new livery   
Rolex Sydney Hobart 2014 - Wild Oats XI and Audi ready: photos   
Volvo Ocean Race: Meek's tips pay dividend in Leg 2 squalls and calms *Feature   
Volvo Ocean Race - Abu Dhabi Ocean Racing in search of hometown glory   
Airwaves Noumea PWA Dream Cup - Waiting game continues on day 2   
Barcelona World Race skippers named as scientific agents   
Volvo Ocean Race: Stop-start battle to the Cape of Good Hope   
Volvo Ocean Race: Leg 2 starts at high speed in 35kt winds   
Volvo Ocean Race - Team SCA off to gutsy leg 2 start   
ISAF Sailing World Cup Final - Heroes and champions in Nacra 17 fleet   
ISAF Sailing World Cup Final - Talented Finn pack all set   


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