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

 

Sail-World.com : America's Cup: Int Jury upholds basis of Challenger selection

America's Cup: Int Jury upholds basis of Challenger selection

'Emirates Team NZ CEO, Grant Dalton talks with TVNZ’s Martin Tasker'    © Richard Gladwell    Click Here to view large photo

Sail-World understands (subsequently confirmed) that the International Jury for the 34th America's Cup has upheld the position advanced by the Defender, Golden Gate Yacht Club, over the transition of the original Challenger of Record role to Sweden's KSSS (Kungliga Svenska Segel Sällskapet, or Royal Swedish Yacht Club).

That Club is represented by Artemis Racing, headed by Paul Cayard, a collaborator with Russell Coutts in the former World Sailing League, which advocated the establishment of a professional sailing circuit in 70ft catamarans, at a time when Coutts was disenfranchised from the 32nd America's Cup, by his former team Alinghi.

Traditionally the relationship between the Defender and Challengers, is at best arms length, and generally a lot further away than that. At its most testy was the relationship between Warren Jones in 1983 as the Royal Perth Yacht Club took on the New York Yacht Club, and was continued through the early 1990's with Ernie Taylor locking horns on behalf of the the Challengers with the San Diego Yacht Club.

As USA crosses the finish Line, GGYC accept the Club Nautico di Roma as challenger of Record , l. to r. : Melinda Erkelens (GGYC) - Norbert Barjurin (GGYC) - Marcus Young (GGYC) - Alessandra Pandarese (Club Nautico di Roma)- Vincenzo Onorato (Club Nautico di Roma) -  BMW Oracle Racing © Photo Gilles?nid=85620 Martin-Raget   Click Here to view large photo


At the heart of the matter in recent times is that the Challengers have owned the rights to their series, the Challenger Selection Series or Louis Vuitton Cup. How they select the Challenger is no business of the Defender, provided it is in compliance with the Deed of Gift and Protocol. Of course the Challengers also owned the TV and Media rights to their series, while the Defender owned the same rights in the America's Cup.

In 2007, Societe Nautique de Geneve, the Swiss club represented by its sailing team Alinghi, attempted to combine the rights of the Challenger and Defender by accepting a Challenge, and negotiating a Protocol, with a tame Spanish yacht club, which gave the Event organisers the ability to operate and market the two events as a single regatta package.

That is all very laudable, except that the tension prescribed in the 19th century Deed of Gift which governs the event, has worked well in the past in terms of negotiating and interpreting rules, to ensure that no side is able to jimmy the event too much in their favour. With an arms length relationship, backed by an independent Jury and Officials, that right is protected.

On paper, the current situation with the Protocol (under which everyone is bound - officials, competitors and Jury) is like a sports tournament where two of the participants agree on the rules and the rest just have to tag along.

Shaking on the deal, Russell Coutts (left) and Mascalzone Latino’s Vincenzo Onorato. -  BMW Oracle Racing © Photo Gilles?nid=85620 Martin-Raget   Click Here to view large photo

Some believe that Golden Gate Yacht Club took a leaf out of SNG's book when it signed a Protocol with Club Nautico di Roma to set the 34th America's Cup up as a multihull competition, and with the same aggregation of Challenger and Defender rights of which GGYC was a vociferous opponent in July 2007, leading to a legal battle in the New York Supreme Court which lasted for over two years, and pulled sailing's premier event onto its knees.


Then - Russell Coutts, Joao Lagos and Paul Cayard at World Sailing League launch. (Coutts and Cayard, are two of the major personalities of the modern America’s Cup, but did not actively sail in the 2007 event.) -  WSL2009.com?nid=85620  
In late May 2011, following the surprise resignation of Mascalzone Latino (Vicenzo Onorato) from the 34th America's Cup, followed soon after by the team's club, Club Nautico do Roma, and the instant substitution of KSSS as new Challenger of Record, Emirates Team New Zealand lodged a complaint with the International Jury.

The basis of that complaint was that Emirates Team NZ (via their club, Royal New Zealand Yacht Squadron) had in fact beaten KSSS to the punch - when entries opened for the 34th America's Cup on 1 November 2010.

Later it was disclosed that the two teams had attempted to lodge their entry by email. The Entry from Royal New Zealand Yacht Squadron was claimed to be a few seconds too early, and was claimed to have been lodged after KSSS.

Emirates Team NZ questioned the Jury to verify the mail server logs, and email receipt timing - a situation well removed from the ambit of George Schuyler who drafted the 19th century Deed of Gift which governs the America's Cup.

The Notice of Challenge from Kungliga Svenska Segel Sällskapet was, the first out of cyberspace, after the GGYC's clock had ticked over midnight on 1 November - and was accepted. It was also claimed that processing of the entry fee from KSSS happened more quickly than that of RNZYS, and that GGYC had accepted the first clean Challenge.

Emirates Team NZ/RNZYS took the matter to the International Jury, and won the first round. The Jury found there was indeed a case to answer, and GGYC was then required to make formal submissions on the validity of their acceptance of the Swedish club as the replacement for the Italian Challenger of Record.

And Now - Paul Cayard, CEO of Artemis Racing and Russell Coutts CEO of Oracle Racing - now respectively Challenger of Record and Defender for the 34th America’s Cup -  Sander van der Borch?nid=85620_- Artemis Racing ©   Click Here to view large photo
Initially the Defending Club's stance was to blow the claim out of the water on the basis of a technicality, in that the complaint/protest should have been lodged earlier. That view was not sustained by the Int Jury, which went onto the second stage with a Hearing by electronic submission, rather than a formal meeting.

Many were surprised that Emirates Team NZ/RNZYS had even bothered to initiate the proceedings, given their previous comments that they regarded the role of Challenger of Record as a 'poison chalice' - in that no CoR has ever gone on to win the Match, in the modern era of the America's Cup.

Further the CoR role does involve some administrative overhead, for which Emirates Team NZ have shown no previous appetite, being unable to understand how the CoR role makes their boat go faster.

The counter to that view, is that the Challenger of Record role does carry the ability to veto any changes to the Protocol governing the America's Cup. Given the previous cosy history between Coutts and Cayard, there was a degree of unease, in the camp of the two-times winner of the America's Cup, Emirates Team NZ, over the shotgun marriage between GGYC and KSSS.

Hence the complaint - which evolved into a formal Protest.

The Jury Decision was first circulated to the Teams and was then announced publicly (after this story was initially published).

The lengthy decision can be read by clicking here?nid=85620

For the original story including Emirates Team NZ's media announcement click here?nid=85620




by Richard Gladwell

  

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

http://www.sail-world.com/index.cfm?nid=85620

11:51 AM Thu 7 Jul 2011 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
2011 Emirates Team New Zealand news

Related News Stories:

06 Oct 2014  Extreme Sailing Series: Emirates Team NZ slips to fifth at Nice
03 Oct 2014  Extreme Sailing Series: Light and tight for Emirates Team NZ in Nice
29 Sep 2014  Extreme Sailing Series: Burling and Tuke back on board for Nice Act
29 Sep 2014  America's Cup: Oracle Team USA's AC72 takes to the streets
27 Sep 2014  America's Cup: Then and now - Coutts on why Oracle won, and the Venue
14 Sep 2014  Extreme Sailing: Emirates Team NZ retain second overall
12 Sep 2014  Extreme Sailing Series: Team NZ share lead after Day 1 in Istanbul
26 Aug 2014  Emirates Team NZ: Last race boost cannot save team from table bottom
25 Aug 2014  Emirates Team NZ: Frustrating Day 3 in Extreme Sailing Series, Cardiff
24 Aug 2014  Emirates Team NZ: Collision puts an end to bid for a better day at ESS
MORE STORIES ...

News - USA and the World

Today, Ben Ainslie Racing (BAR) took to the water for the first time from their temporary base in Southampton, sailing their foiling AC45. The boat originally raced under BAR colours during the America’s Cup World Series in 2012-13, and has subsequently been modified to fly on hydrofoils. ... [more]  

Over 100 riders from more than 20 different countries have already registered and over the two weeks will compete against each other in the pro, amateur, master, grand master, youth and women's fleets for the honor of becoming the Aloha Classic Champions. ... [more]  

As of the 2140UTC report on Day 10 of the first Leg of the Volvo Ocean Race, the placings on the water on the water had not changed during the day, but the distances between the boats had reduced. The two easternmost boats, Abu Dhabi Ocean Racing continued to lead but is only 4nm ahead of Team Brunel with about 600nm to sail to the turning mark of Fernando de Noronha 220nm off the coast of Brazil. ... [more]  

The calm weather returned on day five of the La Torche PWA Grand Slam as the wave sailors recovered from yesterday’s punishing, but brilliant, conditions. After a chilly start, with the thermometer reading just five degrees celsius, the temperature soon rose with the appearance of the sun, making for another stunning autumn day. ... [more]  

Day five of the Rolex Middle Sea Race has proved a day of reckoning for the competing fleet. The forecast strong northwesterly wind has arrived and consistently blown over 25 knots with gusts exceeding 40 knots. The effect has been to catapult the previously slow moving yachts towards the finish line in Malta. ... [more]  

A day and a night of uncertainty - later, the Doldrums will come to an end for the Volvo Ocean Race teams. By tomorrow morning, the fleet should be sailing safely in the southeasterly trade winds. So – who won this equatorial lottery? What was the best place to cross this convergence zone, where two hemispheres and two weather systems collide? ... [more]  

Known for erratic light airs alternating with sudden gusts that can last a minute or an hour from the giant unstable vertical clouds, the Doldrums (aka more officially the Inter-Tropical Convergence Zone) are the unavoidable low-point of leg 1 of the Volvo Ocean Race for the determined men on Dongfeng. ... [more]  

Volvo Ocean Race 2014-15. Onboard Team Alvimedica. The synopsis is pretty straightforward: we are stuck in the Doldrums. Stuck, and stuck real good. All things considered, yesterday was actually pretty decent. We had a quick morning rainsquall that was able to power us south through the first line of ITCZ clouds already towering above our heads by 10AM. ... [more]  

Rolex Middle Sea Race - Artie gunning for glory by Media Royal Malta Yacht Club
Lee Satariano's Maltese J/122, Artie has emerged as the hot favourite to become the overall winner of the 2014 Rolex Middle Sea Race. However, at 16:00 CET, Artie was still 80 miles from the finish and the Mistral storm is still raging. In addition, there are several yachts behind Artie that could still claim the overall prize. ... [more]  

Volvo Ocean Race 2014-15, Onboard Team SCA. Today I would like to share another perspective with you. Given the kind messages from Team SCA followers that we have been receiving onboard (thank you!), it would seem daily reports from our onboard reporter Miss Halloran and our onshore media crew have been doing a wonderful job of sharing our journey thus far. ... [more]  

The 17th edition of the Rolex Farr 40 World Championship took place from 15-18 October in San Francisco, USA. Hosted by the St. Francis Yacht Club, the 2014 Rolex Farr 40 Worlds welcomed 19 international entrants - comprising teams from Australia, Canada, Germany, Italy, Mexico, Turkey and the United States. ... [more]  

After two days of intense racing at the 2014 RS:X Youth Worlds in Clearwater, both fleets have completed a full schedule of six light-wind races, and they’ve earned their lay day! Very light and shifty winds were forecast for the day, and it was a nice surprise to see a seven knot side-off breeze fill in early from the North. ... [more]  

Rolex Middle Sea Race - Big breeze and lumpy seas by Media Royal Malta Yacht Club
There are 92 yachts still racing in the Rolex Middle Sea Race. The expected frontal system arrived around Midnight last night at the northwest corner of the course. Reports of storm force winds and big seas have been received by the Race Committee and 25 yachts had officially retired from the race by 15:00 CET on Wednesday 22 October. ... [more]  

Justin 'Judd' Goldman was 17 years old when he suffered a disabling bone disease. After realizing that there were few sports that he could participate in he discovered sailing. Over the next 58 years he competed successfully in many races throughout the world. ... [more]  

Volvo Ocean Race: Blogs from the Boats - Leg 1, Day 10 plus Videos *Feature by Richard Gladwell/Sail-World.nz/com
Several of the On Board Reporters aboard, provide their unique views of Leg 1, Day 10 of the Volvo Ocean Race - in text, images and video: You know when you try to stick two positive magnets together and regardless as to how close you get them they never touch? Well, the ITCZ is a bit like that. ... [more]  

Volvo Ocean Race: Leg 1 turns inside out in Doldums *Feature by Richard Gladwell, Sail-World.com/nz
As reported earlier Leg 1 of the Volvo Ocean Race would seem to have gone from being a tightly fought contest to being a procession to Cape Town. Even though only 40% of the course has been sailed, the distance between the boats are significant (other than the two lead boats) and look set to increase. ... [more]  

Student Yachting World Cup - After those days of sun and light air, the weather was upside-down with a cloudy sky threatening us of heavy shower at any time and a strong wind fluctuating from 15 knots to 25 knots! Two windward-leeward races took place today as the wind became far too heavy in the early afternoon. The 13th race began this morning: a second start occurred under black flag. ... [more]  

2014 Argo Group Gold Cup - Over the last few days there have been frantic phone calls between travel agents from competitors at the Argo Group Gold Cup, the sixth stage and the oldest event on the Alpari World Match Racing Tour. Over Friday night and into Saturday the Category Three Hurricane Gonzalo passed directly over Bermuda pummelling it with 100+ knot winds. ... [more]  

Volvo Ocean Race: Big gains for two boats in Doldrums *Feature by Richard Gladwell/Sail-World.com/nz
Two boats have made big gains in the Doldrums, with the western-most competitors apparently not stopping and sailing though the convergence zone between northern and southern hemispheres, without dropping below 8kts. Team Brunel and Abh Dhabi Ocean Racing have both made big gains on the rest of the fleet - and the two easternmost boats - Team Vestas Wind and Mapfre, in particular. ... [more]  

In spite of Hurricane Gonzalo's thrashing of the Onion Patch last week, the Royal Bermuda Yacht Club and the people of Bermuda are ready to host the 2014 Argo Group Gold Cup, Stage 6 of the Alpari World Match Racing Tour (AWMRT). All 20 teams have arrived safely from their corners of the world and will practice for a day and race on Wednesday. ... [more]  

While the Renaissance Re Junior Gold Cup always offers opportunities for young people to have new experiences, coping with Hurricane Gonzalo offered the 14 competitors traveling from overseas to Bermuda a hurdle that strengthened their respect for this island nation. Many of the 14 competitors spent layover time in either hotels or airports and some are now guests in homes without electricity. ... [more]  

Dynamic Stability Systems welcomes last week’s decision by IMOCA to place no further restrictions on its class rule. This permits both the six new IMOCA 60s currently under construction, as well as the existing fleet, to be fitted with the lateral lifting foils which DSS has spent the last decade pioneering. ... [more]  

Groupe Beneteau today announced its sponsorship of the US Sailing Team Sperry Top-Sider and ISAF Sailing World Cup Miami. Groupe Beneteau is the world's leading yacht builder, and will now become a significant presence in high-performance sailing with its support of both the US national sailing team and North America's premier Olympic and Paralympic classes regatta. ... [more]  

Volvo Ocean Race 2014-15. It’s the place where the northern and southern winds meet, where a sailing race can be won or lost in an instant. And with its complex and confusing conditions, lack of breeze, and stifling heat – it’s also a place that most sailors can’t wait to see the back of. But there is one good thing about the Doldrums. ... [more]  

The Atlantic has proved to be a test for the VO65s in the Volvo Ocean Race and their teams as a battle of gybing down the west coast of Africa broke out, keeping all boats in a relatively tight-knit pack for much longer than expected. Having passed Morocco and the Canaries, we were drawn to the tricky-to-handle magnet of Cape Verde. ... [more]  

It’s the dawn of a complicated day in the Volvo Ocean Race. Let’s face it: we’re not having a very good time on Dongfeng. We lost distance last night, and our leading position. The day got dull afterwards. Sailing straight ahead, with the spinnaker up, in light winds. ... [more]  

Volvo Ocean Race 2014-15, Day 10 onboard Team SCA. Two days, eight hours, thirty-four minutes, and ten seconds, nine seconds, eight, seven, six, five… over the last few days the clock has gotten louder and louder as it counts down to October 23rd at noon—the time when we cross the equator and the time when myself and six other sailors join the rest of our crew in King Neptune’s court. ... [more]  

For Pablo Arrarte Elorza, the Volvo Ocean Race is a tough challenge. Not as far as physical effort is concerned because this likeable Spaniard is a very strong guy. For Pablo, the race is mostly a culinary war of attrition because the food that the team has bought with it on the race does little to please his gourmet palate. ... [more]  

The 2014 RS:X Youth Worlds kicked off on October 20th in Clearwater, USA, and it was hard work from the start: in 5-6 kt of breeze, offshore to start the day and side-on to close it, pumping was in order for the 54 boys and 28 girls gathered here for the 2014 RS:X Youth World Windsurfing Championships. ... [more]  

The team at The St. Maarten Heineken Regatta are very happy to announce that entries are now open for the 2015 Regatta, taking place March 5 - 8. The team hopes to see lots of return entries as well as new ones this year, all coming to celebrate the event's 35th year. In order to celebrate this milestone year, there will be some new features this coming season. ... [more]  

After three complete days at sea only three boats competing in the 2014 Rolex Middle Sea Race have passed the northwest tip of Sicily, roughly the halfway point of the race. The prevailing wind remains weak, but is expected to strengthen this afternoon coinciding with the arrival of bulk of the fleet t the Egadi Islands. ... [more]  

Last week the Volvo Ocean Race was all about VMG downwind sailing, with Dongfeng being the star performer. After DFRT took the lead, they shortly lost it again 36 hours later after hitting something in the water and losing their rudder. Two hours later they were up and running again with the spare in. Impressive stuff. ... [more]  

Volvo Ocean Race: Blogs from the Boats - Leg 1, Day 9 plus Videos *Feature by Richard Gladwell/Sail-World.nz/com
Several of the On Board Reporters aboard, provide their unique views of Leg 1, Day 9 of the Volvo Ocean Race - in text, images and video. ... [more]  

Rolex Middle Sea Race 2014 - Fight to the finish
Student Yachting World Cup - Fourth race day + Video
New improved swell forecasting and more locations from PredictWind
Volvo Ocean Race: Day 9 final report - Lead continually changing
Renaissance Re Junior Gold Cup - An opportunity for growth
Volvo Ocean Race: Fleet charges the door of the Doldrums Casino *Feature
La Torche PWA Grand Slam - Light winds on day 3
Volvo Ocean Race: Navigators throw away the routing textbook
Volvo Ocean Race - The Doldrums, a navigational nightmare + Video
Rolex Middle Sea Race - Maltese yachts top the leader board
Star Sailors League Finals - Torben Grael and Jorge Zarif join fleet
Volvo Ocean Race - Team Alvimedica heads for the Doldrums
Volvo Ocean Race - Team SCA, a crew on a mission
Thailand bids for 2016 IODA ‘Optimist’ World Championships
Farr 40 Worlds: Prizegiving images from the Final day in San Francisco
Bill Green - builder and sailor passes on
ISAF World Sailing Rankings – 20 October 2014
Farr 40 Worlds: Images from the Final day in San Francisco *Feature
Farr 40 Worlds: Images from Day 2 in San Francisco *Feature
Rolex Middle Sea Race 2014 - A hard day's night
34th Student Yachting World Cup 2014 - Second race day   
Volvo Ocean Race: Dongfeng loses lead, anyone's race ahead of Doldrums *Feature   
Flying Dreams 'An Ocean Story': The Movie   
New super maxis gear up for Rolex Sydney Hobart   
Volvo Ocean Race: Blogs from the Boats - Leg 1, Day 8 plus Videos *Feature   
Linda Elias Memorial Women’s One Design Challenge - Youngerman wins   
2014 Off Valparaíso Race - Santander team victorious   
La Torche PWA Grand Slam - Waves continue to pound on day 2   
Volvo Ocean Race: Dongfeng consolidates lead on Day 8 *Feature   
RS:X Youth World Championships - All set for Clearwater action   
Rolex Middle Sea Race 2014 - Slow road north   
Volvo Ocean Race 2014-15 – Dongfeng Race Team - A risky call   
Rolex Middle Sea Race 2014 - Escaping the shroud of Mount Etna   
Farr 40 Worlds: Day 4 Image and Video gallery *Feature   
Australian 18 Footers League’s Major A. Frizelle Trophy   
Volvo Ocean Race 2014-15 - Leader gambles on Island windshadow   
2014 Sailing World Cup Qingdao - Final day video highlights   
2014 Rolex Farr 40 World Championship - Plenty of time   
Coast Guard rescues two near Wachapreague   
2014 Off Valparaíso Race - Day 2   


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