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

7:00 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:

31 Jul 2014  Open 420 Worlds: The last throw of the dice to make the Gold fleets
31 Jul 2014  2014 RPNYC Moore Wilson’s Winter Series – I’ll huff and I’ll puff
30 Jul 2014  Open 420 Worlds: Good and bad day for Kiwis in Travemunde
30 Jul 2014  Red Bull 49erFX: Easing into the Olympic scene at Rio
29 Jul 2014  420 Open Worlds: Nervous and ordinary start by Kiwis on Day 1
24 Jul 2014  NZL Sailing Team arrive in Rio for Olympic Test Event
23 Jul 2014  Kiwi SKUD Sailing: Paralympic Campaign - your chance to support
22 Jul 2014  Red Bull 49erFX: First look at the Olympic sailing venue at Rio
21 Jul 2014  2014 RPNYC Moore Wilson’s Winter Series – Groundhog Day(s)!
20 Jul 2014  NZL Yachting Trust Youth Team: Bronze Medal for NZL in the 29er
MORE STORIES ...

News - USA and the World









420 World Championship - Singapore and Spain out front by 420 International Class Association,






























Lightning strikes cut short CFJ Nationals by Andy Kopetzky, Santa Monica Bay


















America's Cup: Group agrees to co-operate in London Meeting by Richard Gladwell/Sail-World.com/nz,










Help clean up the sailing water at Rio - Image Gallery
America's Cup: Alameda makes overtures on Venue hosting for San Fran *Feature
Cape Panwa Hotel Phuket Race Week 2014 - Relishing a challenge
Edgartown Race Weekend - BBBR and Round-the-Island Race winners named
Etchells Invitational Cup - Aussies take early lead in Cowes
PWA Fuerteventura Grand Slam - Antoine Albeau strikes back on day 4
Aquece Rio – International Sailing Regatta - All set for test event
ISAF World Sailing Rankings for 28 July 2014
29er World Championship - All set in Kingston
ORC World Championship - Third Course area opens for huge fleet
Day one of the Allen RS Feva World Championships
Anna Tunnicliffe On the Final two days of the Reebok CrossFit Games
Joachim Aschenbrenner takes gold at ISAF Youth Match Race Worlds 2014
Maxi Soh scores double wins in CMRC Summer Doubleheader
29er World Championship opening ceremonies in Confederation Park
PWA Fuerteventura Grand Slam - Action resumes on day 3
Land Rover Sydney Gold Coast Yacht Race Start 2014 VIDEO
Laser Radial Men’s World Championship 2014- Final day
2014 Pacific Cup - Scarlet Runner wins
Gladwell's Line: America's Cup - Joint Statement is a curious note *Feature
ISAF Youth Match Racing World Champ - Top four battle it out for final   
BIC Techno 293 Worlds 2014 - Day 6   
PWA Fuerteventura Grand Slam - Wind teases competitors on day 2   
Women’s Match Race Golfe du Morbihan - Action-packed day of racing   
Herreshoff Marine Museum announces successful fundraising campaign   
Brewin Dolphin Commodores' Cup - The most comprehensive victory yet   
Anna Tunnicliffe holds fourth at mid-point of Reebok CrossFit Games   
2014 29er North American Open Championship - Australians win   
INSA Sabot II Invitational Regatta - Erik Hou claims victory   
CMRC Summer Invitational Series - Maxi Soh wins Doubleheader A event   
International Moth World Championships - Nathan Outteridge wins   
International Moth Worlds - Victory for Nathan Outteridge + Video   
PWA Fuerteventura Grand Slam - First blood to Toselli and Angulo   
Melges 24 Nationals - Record entries for 2014 and 2015 venue revealed   
Women’s Match Race Golfe du Morbihan - Anna Kjellberg claims the lead   
Jessica Uniack Memorial Beach to Bay Race at Long Beach YC   
Laser Radial Men’s World Championship - Poland tops the leaderboard   
America's Cup - Four teams confirm full support regardless of venue   
Plastic Classic takes place at Mariposa Hunters Point YC   
Six Metre European Championship - No champion declared for 2014   


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