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

 

Sail-World.com : Alinghi give ultimatum to Team New Zealand

Alinghi give ultimatum to Team New Zealand

'Grant Dalton: given ultimatum by Bertarelli?'    © Richard Gladwell

Team New Zealand will be kicked out of the next America's Cup if they don't drop their legal action against holders Alinghi.

Greg Ford writes in the Sunday Star Times:

In a new and serious development between the two feuding camps, the Sunday Star-Times has been told Alinghi recently sent Team New Zealand a legal letter with that ultimatum and if the Grant Dalton-led syndicate doesn't comply by December 15 the Swiss team owned by Ernesto Bertarelli plans to write a protocol for the next cup in 2010 specifically designed to exclude the Kiwis.

This explosive development has come as a 'bolt out of the blue' for Dalton. He said both parties had been negotiating an out-of-court settlement in recent weeks.

'And we thought we were pretty close to a settlement but then this letter arrived,' he said.

'They are trying to bully and intimidate us which is not going to get anyone anywhere really.'

Team New Zealand mounted a two-pronged legal case against Alinghi earlier this year. Dalton claimed Alinghi broke a promise to hold the regatta in 2009 and sought $60 million in damages.

It also contended Alinghi's protocols, or rules, for the cup were unfair and breached trust laws.

Alinghi returned serve and said that, when Team New Zealand entered the regatta, they agreed in writing they would settle any differences by mediation rather than in court.

Alinghi skipper Brad Butterworth supplied the Star-Times with the paperwork he claimed backed their case.

Alinghi have also been fighting a separate court battle with the Larry Ellison-owned Oracle syndicate, which is the main reason why the regatta has become becalmed.

Bertarelli, who won the most recent appeal in the ongoing saga, holds the whip hand in this battle and last week announced he would plough ahead with the next regatta in 2010.

Dalton said he 'applauded' the decision and is desperate to be part of the regatta. But that's now far from certain, unless Team NZ drop their case.

For the rest of this story click here?nid=50198

Sail-World comment:

Alinghi and SNG are already on a course set for the 33rd America's Cup. Emirates Team New Zealand has already entered that event. Therefore they can't be refused entry to an event they have already entered, and been accepted.

The Defender is entitled to close entries by a certain date - now set at 15th December 2008, however this date would only affect teams who have not yet entered like BMW Oracle Racing, and others.

Once entered Team New Zealand becomes subject to subject to the conditions of the 33rd AC Protocol, which provides for an Arbitration Panel to hear disputes. That body has long been claimed to be independent by Alinghi parties.

Therefore it is a little odd that, if reported correctly, that Bertarelli can threaten to exclude a team on the basis of a yet to be held Hearing on a matter of breach of the 33rd AC Protocol. That is pre-determination of the outcome, and also calls into question the independence of the Arbitration Panel.

Secondly, if claims of amendment to the Protocol to exclude certain teams are correct, that also calls into question the oft stated position of the Alinghi parties that they are flexible and open to change in the Protocol,and that they are working co-operatively with the Challengers. If alterations to the Protocol are made, at this stage, at the behest of the Defender, that again calls into question the stance long taken by Alinghi and SNG that the Protocol is designed to advance their 'vision' for the America's Cup and improve the regatta, and not to 'jimmy the rules' so that the event is controlled in the interests of the Defender only.

It is arguable as to whether the agreement which Team New Zealand believe that Ernesto Bertarelli has breached, is actually subject to the jurisdiction of the Arbitration Panel, since it was made outside the Protocol and formal entry process. It related to an agreement to stage the 33rd America's Cup in 2009, and with penalties for delay into 2010 and 2011. That enabled Team NZ to plan ahead with some certainty.

Had Bertarelli not made that side agreement, then it is probable that Dalton would not have entered Team New Zealand in the event. The subsequent Media conference held by Bertarelli would have been a rather hollow affair indeed. Instead, Bertarelli was able to pull a major surprise and gained real credibility for his position. Later Dalton believed that Bertarelli had been inflexible and pedantic in his treatment of the issues between the Defender and Challengers, and that a small shift by Bertarelli would have been sufficent to resolve all outstanding issues, and allow the America's Cup to take place within the agreed timeframe.

The report in the Sunday Star Times, if accurate. only serves to underline the justification for BMW Oracle Racing and GGYC to have taken the action they have in the New York judicial system on the Protocol for the 33rd America's Cup.

Richard Gladwell
NZ Editor




by Greg Ford, Sunday Star Times

  

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

http://www.sail-world.com/index.cfm?nid=50198

4:22 AM Sun 26 Oct 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:

10 Jul 2014  NZL Sailing Team: Nacra 17 into Euro Gold fleet; Too light for skiffs
09 Jul 2014  Rescued sailors reach shore after dramatic ocean rescue
09 Jul 2014  NZL Sailing Team: 49er, FX and Nacra Racing underway for Europeans
08 Jul 2014  Crew rescued by navy patrol from J/111 racer after Mayday in storm
08 Jul 2014  Red Bull 49erFX: This is why we do what we do best
06 Jul 2014  NZL Sailing Team's Konsinska ends the RS:X European Champs in 12th
05 Jul 2014  NZL Sailing Team: Strong winds, no sailing in RS:X Europeans
04 Jul 2014  NZL Sailing Team: RS:X drops in big breeze; Tuke looks to Europeans
04 Jul 2014  Etchells Worlds: Top NZ crew places 13th in Newport
03 Jul 2014  2014 RPNYC Moore Wilson’s Winter Series – A weekend of two halves!
MORE STORIES ...

News - USA and the World











































Formula Windsurfing Youth and Master Worlds overall by International Windsurfing Association,












Bakewell-White supermaxi designed to take Transpac's Barn Door Trophy *Feature by Richard Gladwell Ssail-World.com/nz,












Volvo Ocean Race: Eight new crew members named by teams
Volvo Ocean Race: New additions to Spanish team announced
2014 Cape Panwa Hotel Phuket Raceweek - Phuket Island is ready to host
PWA Awaza World Cup - Cyril Moussilmani and Delphine Cousin on top
Foiling Week - Moth Class Italian Open Championship Day 2
America's Cup: Luna Rossa foiling in AC45s at their Italian base
Star World Championship - Germans claim dramatic win in Malcesine
PWA Awaza World Cup - Down to the wire in Turkmenistan
Route Halifax Saint-Pierre - Off to France!
Nacra 17 Europeans - La Grande Motte back in Olympic classes arena
Stena Match Cup Sweden - Hansen hat trick in Marstrand + Video
Route Halifax Saint-Pierre Race keeps an eye on Arthur
World Match Racing Tour: See the Finals replay at the Stena Match Cup
Newport International Boat Show unveils exciting 'At The Helm' Program
Stena Match Cup Sweden - First blood to Hansen over Canfield + Video
Star World Championship - Americans claim race win in Malcesine
PWA Awaza World Cup - Weather halts action on day 4
Clipper Race - Henri Lloyd wins OneDLL Cup into Den Helder
Clipper Race - Close match racing in closing stages of the OneDLL Cup
Volvo Ocean Race: Spanish play catch-up with under 100 days to go
World Match Racing Tour: Catch the live action at the Stena Match Cup   
Finn Junior Worlds - Battle for the Jorge Bruder Silver Cup   
Mobiles drive traffic - 72% increase in Sail-World.com page view *Feature   
British Open Dragon Championship finale at Royal Lymington preview   
2014 Cape Panwa Hotel Phuket Raceweek - Phuket is ready to host   
PWA Awaza World Cup - Valerie Ghibaudo hits back on day 3   
Star World Championship - Hard fought win on day 4 + Video   
Stena Match Cup Sweden - Action-packed match racing + Video   
Oceans of Hope yacht arrives in Portsmouth   
Bell's Beer Bayview Mackinac Race - Registration details   
RORC Transatlantic Race - Polishing up the silver   
Vic-Maui International Yacht Race - First start to lead off busy day   
Anna Tunnicliffe competing at the CrossFit Mid-Atlantics + Video   
18ft Skiff Europeans: Winning days at Lake Garda   
Clipper Race - Choppy conditions as fleet closes in on Den Helder   
Lightning Youth World Championship - Final day   
2014 Star Class World Championship - Day 3   
America's Cup: Dean Barker interviewed on the current state of the Cup   
PWA Awaza World Cup - Delphine Cousin draws first blood   
Stena Match Cup Sweden - On a roll in Marstrand + Video   


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