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

 

Sail-World.com : America's Cup: Challenger and Defender take Kiwi-Italian deal to Jury

America's Cup: Challenger and Defender take Kiwi-Italian deal to Jury

'Artemis Racing is steering a course for the International Jury Room over the Itiwi co-operation agreement.'    Sander van der Borch / Artemis Racing ©    Click Here to view large photo

The Challenger of Record and the Defender for the 34th America's Cup, have both protested the announced partnership agreement signed between Italy's Luna Rossa and the New Zealand entry, Emirates Team New Zealand.

The specific grounds for the protest, or 'application', are not specified by the Challenger of Record or Defender, however Sail-World believes these relate to the significant advantage both teams would gain through a combined effort, until the date specified in the Protocol - 31 December 2012, when joint design effort is prohibited.

The key benefits of the partnership arrangement were disclosed in Sail-World the day after the Challenge by Luna Rossa, a three times America's Cup Challenger, was accepted by the Defender, Golden Gate Yacht Club. That analysis can be read by clicking here?nid=90812.

Sail-World read the relevant provisions of the 34th Protocol at the time of the announcement and could see no areas of transgression, based on what was said at the time and the concept of the partnership.

It was clear at that time that a significant gain was possible on several fronts over that which would normally be possible in the more traditional scenario where a team worked in isolation.

The most significant of these was that both Team NZ and Luna Rossa effectively each gained an extra AC72 platform, by virtue of being able to run a joint program in a one design AC72, through until 31 December 2012 - before the teams split and did their second boat which would be expected to be designed using knowledge gained from the identical boat program.

Without such a co-operation agreement, a team is limited to building just two AC72's, and clearly had the option, as has existed in previous America's Cup of doing an initial boat and then a development boat, or building two identical boats and running a two boat program off that base.

Luna Rossa and Emirates Team NZ are expected to also sail the SL33’s together in Auckland as part of the partnership agreement. -  © Richard Gladwell?nid=90812   Click Here to view large photo

In reality most teams, that have the budget, build two boats which are similar but slightly different and then race the second enhanced boat in the Challenger Selection Series.

The Kiwi-Italian agreement allows the teams to run both the identical and development options and at reduced crew cost, in the initial period allowing them to spend more budget on research and development.

In an extension to the co-operation arrangement, Emirates Team NZ is expected to bring their AC45 back from San Diego to Auckland and train for the New Zealand summer against Luna Rossa, which is establishing a base in Auckland, and will be launching their AC45 in Auckland.

There will be no America's Cup World Series in late 2011 or early 2012, as all the Oceania options have fallen over. The next event will not take place until April in Italy, allowing almost five months of work up for both teams in Auckland during the Kiwi summer.

The deal allows the teams to run a single AC45 each, but again with the benefits of a two-boat two-crew program. They would also be able to run Emirates Team NZ's SL33's in a similar program.

There is no limitation on sailing days allowed with the SL33's or AC45's however the days allowed in the AC72's are heavily restricted.

Oracle Racing has four AC45’s at their disposal, all the other entered teams have just one each.

The Protocol under which the Swedish teams are basing their complaint was negotiated between themselves and the Defender, following the withdrawal of the first Challenger of Record, Mascalzone Latino, who signed a similarly couched document.

Luna Rossa are a top competitor on the Extreme Sailing Series -  Carlo Borlenghi?nid=90812 ©   Click Here to view large photo

While there have been some modifications to the agreement, the Challengers as a group have no specified rights in terms of setting the conditions in the agreement. The Challenger of Record does have the power of veto over provisions and changes sought by the Defender. In theory, both the Challenger of Record and Defender could act in concert and bring in retrospective changes to the Protocol to curb the Italian-Kiwi partnership, without reference to any other party.

Some would say that the Defender and Challenger have been hoist by their own petard.

It is a little difficult to see how or why the International Jury should assist the Challenger or Defender out of a situation that is of their own making.

The stated intention of the Defender has been to reduce costs of the teams, and have made some moves in that regard with the AC45 program allowing an entry level program, and the offering of a common one design AC72 package.

The Itiwi co-operation deal takes the cost reduction up a new path, in that it doesn’t really reduce costs, but does allow a lot more bang for the dollar or euro – essentially allowing the two teams to do more for the same money.

It is also an obvious move for other teams, now faced with a five month gap in their programs to pair off in similar co-operation arrangements, and use the downtime to lift their game and knowledge base, without increasing costs.

Quite what Oracle and Artemis expect the International Jury to do is a little difficult to understand.

Followers of the Cup since the 1980s will be aware of the issues that have arisen over dilution of nationality rules and the controversy over the input of others such as the Netherlands Ship Basin and Peter van Oossanen into the Australia II campaign. Similar but different was the migration of design talent from Team New Zealand to One World in 2000, and then the alleged offering of design information from One World to BMW Oracle Racing in that same cycle.

Controversy raged throughout 1983 and beyond over the contribution of Dutch parties into Australia II’s design -  Sally Samins   Click Here to view large photo


One of Oracle Racing’s objectives in the current America’s Cup was to simplify, and eliminate if possible the spiderweb of rules and sea-lawyers, that hard become part of the Cup game. To some extent that objective has been achieved with some clear lines in the America’s Cup sand which cannot be crossed invisibly, and are therefore reasonably easy to enforce. They might be softer than some would like, but they are easily enforceable as they are both simple and are easily spotted if transgressed.

The difficulty with the fishing expedition on which the International Jury has now been invited, is that some rules body will have to put in place parameters around intentions of the parties – and that is always a very fraught exercise, akin to trying to nail jelly to the ceiling.

The other approach to enforcement is to work retrospectively, deal with the actions, rather than the intentions, of the parties and determine whether they measure up to some template devised by the International Jury or one of the America’s Cup Management tentacles. The America’s Cup is trying to shake off its mantle of being litigious. Delving retrospectively into who made what contribution in a design team, is another fraught exercise which has not served the event well in the past.

The line in the Artemis Racing statement that the arrangement should be cleared before a significant investment is made, is a little tenuous in that the proposed joint arrangement is more cost effective than had the teams worked in isolation. Is the Challenger of Record trying to save the Itiwis from themselves?

In the statement on americascup.com, the International Jury says it will invite submissions from the parties and will make a ruling in three or four weeks.

Another twist in the americascup.com statement is the request by the Challenger of Record, Artemis Racing for the two applications to be heard separately. It is normal protest committee and Jury practice when multiple protests are received on the same incident, for them to be heard together. Why that would not be the case in this situation is a little hard to understand.

Josje Hofland - John Doerr - David Tillett - Brian Willis - Graham MacKenzie were n the Int Jury for the 33rd America’s Cup and will adjudicate in the 34th America’s cup cycle -  ACEA - Photo Gilles Martin-Raget?nid=90812_©   Click Here to view large photo

The statement issued by Artemis Racing reads:

Challenger of Record Artemis Racing representing Kungliga Svenska Segel Sällskapet (KSSS) has filed an application to the Jury requesting an interpretation of the Protocol governing the 34th America’s Cup with regards to the cooperation agreement between Emirates Team New Zealand (ETNZ) and Luna Rossa Challenge 2013.

Artemis Racing believes that it is in the best interest of all competing teams to understand if all of the elements of the agreement are permissible before any party makes a significant investment.

KSSS/Artemis Racing welcome the involvement of Luna Rossa Challenge 2013 in the 34th America’s Cup events and look forward to competing against the Italian team.


And from americascup.com:

The Jury for the America’s Cup has received two separate applications for interpretation of the Rules as they apply to the sharing of information and collaboration between Competitors.

Oracle Racing and Artemis Racing have separately submitted applications to the Jury, requesting clarification of how much design information competitors are allowed to share, and how closely they can work together between now and the beginning of the Louis Vuitton Cup and America’s Cup Finals in 2013.

'Both of these applications are similar in nature,' said Jury Chairman David Tillett. 'Artemis Racing has asked the Jury to not issue directions on their Application pending the giving of answers on the Oracle Racing Application, as in responding to those questions, we may cover some or all of the ground in the Artemis request.'

Tillett says the full five-person Jury will hear the applications promptly. He anticipates the Jury, after receiving written submissions and answers from all parties, will provide an answer in three to four weeks.




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=90812

12:33 AM Thu 17 Nov 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

Related News Stories:

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
09 Aug 2014  America's Cup: Former Artemis crew member says danger is being ignored
27 May 2014  America's Cup: Oracle Team USA under stress
23 May 2014  America's Cup: Oracle and Team NZ designers reveal AC72 secrets
22 May 2014  America's Cup: Artemis death verdict 'result of an human act'
10 May 2014  A year after the Artemis incident, the sailors tell of the pain
01 May 2014  America's Cup: Oracle and Team NZ tech insights - Free lecture tonight
16 Apr 2014  America's Cup: Expected de Ridder penalty should be reduced
14 Apr 2014  America's Cup: Dean Barker's Blog - A sail with the Duke and Duchess
MORE STORIES ...

News - USA and the World

2014 Chicago Match Cup - At the end of Chicago Match Race Center's sixth season, the numbers show how well CMRC reached both into and beyond the Great Lakes sailing community. CMRC hosted a total of 12 graded events from May to October. Of these, the five Grade Three regattas were the best attended featuring 23 skippers from nine countries. ... [more]  

2014 RORC Transatlantic Race - The inaugural RORC Transatlantic Race, in association with the International Maxi Association (IMA), starts on Saturday 29th November from Lanzarote bound for Grenada, 2,995 nautical miles across the Atlantic Ocean. All of the competing yachts are now safely moored in Puerto Calero Marina and last night an informal welcome drinks reception was well received with crew ... [more]  

2014 Extreme Sailing Series - Act 8 - Tom Slingsby, Australian Olympic Laser Gold medalist, and member of Oracle Team USA, has signed up as skipper of Oman Air, one of two Oman Sail Extreme Sailing teams, for the final act of the Extreme Sailing Series in Sydney, Australia (11-14 December). ... [more]  

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]  

Volvo Ocean Race: On board with Abu Dhabi - torn sail and where to go? *Feature
2014 Argo Group Gold Cup - Bermuda shines
2014 Turkey Day Regatta – Day 1
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   


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