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:

26 Aug 2014  Sailing to feature in AIMS Games from 2015
25 Aug 2014  Wakatere takes home the silverware in the MRX Youth Pathways Regatta
25 Aug 2014  Loving our midwinter pit stop in NZ, nothing like home
19 Aug 2014  NZL Sailing Team in the Media Spotlight
17 Aug 2014  NZL Yachting Trust Optimists: A World’s First at French Bay
16 Aug 2014  Lawson's Dry Hills sponsor Premier Top of the South Keel Boat Regatta
14 Aug 2014  Calling all Yacht Clubs for the Young Challenger's Cup
14 Aug 2014  Kiwi Skud Sailing: NZL 5th in North Americans and still fundraising
13 Aug 2014  Red Bull 49erFX: Postponements, podiums and perilous peaks
13 Aug 2014  New Plymouth Yacht Club celebrates 75 years
MORE STORIES ...

News - USA and the World









Audi Melges 20 World Championship - Classic Garda conditions on day 2 by International Audi Melges 20 Class Association,


















Audi Melges 20 World Championship - Alessandro Rombelli's 'STIG' leads by International Audi Melges 20 Class Association,




























Aldo Alessio Regatta - Three days of tight racing by Erik Simonson, Pressure-Drop.US,










Sailing Champions League - which is Europe's best sailing club? by Dan Ibsen & the Sail-World team, Copenhagen


Weta fun at the Wine & Roses Regatta
Extreme Sailing Series: The Wave, Muscat claims victory on Cardiff Bay
International 14 World Championships 2015: Not just for boys
Rio de Janeiro achieves 50% treatment of sewage outflow *Feature
2014 AWT Quatro Desert Showdown - Event memorable videos
2014 18' Skiff Int Regatta: Day 1 at San Francisco - Reversal on beach
Emirates Team NZ: Last race boost cannot save team from table bottom
PWA Alacati World Cup - Furious slalom is upon us
J/111 World Championships - The Winner is Shmokin Joe!
J/24 US National Championship - Victory for Will Welles’ Cougar
Extreme Sailing Series: View the Final Day's action - Replay
NYYC Grandmasters Team Race - Reign continues for Noroton Yacht Club
WSSR announces new World Record Around Britain and Ireland
IFDS Worlds 2014 - Final day photos by Tim Wilkes
2014 Detroit Cup - Morvan wins
Newport Bucket Regatta 2014 -Images by George Bekris
IFDS Worlds 2014 - Final report: USA qualifies for Rio 2016
Extreme Sailing Series: Absent With-Out Leave – Ben Ainslie Racing
2014 IFDS World Championship - New champions claim medals
2014 IFDS World Championships - Sunday’s race images by Tim Wilkes
Shark World Championships underway in Toronto   
Anna Tunnicliffe: Alinghi second o'all - Extreme Sailing Series, Day 3   
Formula Kite World Championships - Nocher and Bridge crowned Champions   
Emirates Team NZ: Frustrating Day 3 in Extreme Sailing Series, Cardiff   
Extreme Sailing Series: Light winds help The Wave Muscat - Day 3   
Extreme Sailing Series 2014 Act five - Absent without leave – the wind   
IFDS Worlds 2014 - Images: Race day five   
Herreshoff Classic Regatta 2014 - Images by Ingrid Abery   
Youth Olympics - Gold to Argentinean and Chinese Techno 293 racers   
Youth Olympics Games Nanjing - Double Youth Olympic Gold for Singapore   
Sevenstar Round Britain and Ireland Race 2014 - Two Handers celebrate   
Audi Melges 20 U.S. National Championship 2014 - Brazilian dance party   
IFDS Disabled Sailing Worlds Day 5 - USA fighting for Rio 2016 Berths   
J/111 World Championship 2014 - Day 4: Shmokin Joe consolidates lead   
Anna Tunnicliffe: Alinghi on top - Extreme Sailing Series, Day 2   
2014 IFDS World Championships - Breezy frustrations   
2014 Detroit Cup - Down to the final four   
Sevenstar Round Britain and Ireland Race - Every finisher's a winner   
2014 49er, 49er FX, Nacra 17 U.S. National Championship - Day 2   
J/24 US National Championship - Will Welles leaps into lead   


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