A bugger's muddle- SailJuice.com
by Andy Rice on 5 Aug 2007

Ernesto Bertarelli (left) with skipper Brad Butterworth. “We have submitted this dispute, which is damaging to the entire sport, damaging to the America’s Cup, to our independent arbitration panel and we hope to have their resolution soon.”
www.alinghi.com
Andy Rice is a sailing journalist, who has previously reported on Olympic events, America's Cup Acts and offshore classics like the Rolex Sydney Hobart Race and the Volvo Ocean Race. He is posting on www.SailJuice.com
A bugger’s muddle
Anything happen while I was away? Apologies for the lack of correspondence lately but I’ve been taking some post-Valencia holiday. I’ll really have to schedule my time better for the next Cup.
After all, as we’ve discovered this time, when the side-show of the sailing has concluded you have at least another month of legalistic shenanigans and wheeling and dealing to get through.
This time, unfortunately, we’re looking at good deal longer than a month to unravel the mess created by the Protocol for the 33rd Cup. For a legal journalist this is probably about as exciting as it gets. For a sailing simpleton like me, this is all insufferably tedious. But it’s the America’s Cup, and it goes with the territory.
Ernesto Bertarelli and his gang came out shooting last week, taking pot shots at Larry Ellison’s plans to take the Defenders to the New York Supreme Court. As far as the Swiss billionaire is concerned, the matter should be dealt with in-house. 'We have submitted this dispute, which is damaging to the entire sport, damaging to the America’s Cup, to our independent arbitration panel and we hope to have their resolution soon.'
Note the interesting choice of words there. 'Our independent arbitration panel'. Oxymoron? Surely he meant to say 'the independent arbitration panel'? There’s a big difference between the possessive 'our' and the neutrality of 'the'. Which perhaps says a lot about Alinghi’s sense of ownership of the Cup.
You can see why Larry has a problem with the Protocol, not least the Defender’s ability to appoint its own race officials. 'No sports run officials like that,' said Larry. 'Can you imagine Chelsea hiring the officials for the Manchester United game, but then also wanting the ability to change the rules at any time? It is the most bizarre Protocol we have ever seen.'
However, we have seen few – actually have we seen any? – public displays of support for Larry and the Golden Gate Yacht Club’s stance. The Americans claim they’ve had support from eight different challengers – and I could just about believe it. But public displays of support? None that I’m aware of. The Kiwis have been the latest to line up behind Alinghi, after Shosholoza and Team Origin. Apparently the Kiwis have been offered a sweetener of getting involved in helping Alinghi formulate the new design rule, giving them a vital few extra months of understanding of the new 90-footer rule before anyone else gets to see it. Richard Gladwell from Sail-World NZ has bagged a good interview with Dean Barker, which you’ll find here.
What of Alinghi’s announcement last week that each team will be permitted to build two race boats before the next Cup, but that teams will only be allowed to sail one at a time? Ernesto cited this as a cost saving exercise, which indeed it is, knocking a huge chunk off the wage bill if you can’t have two full sailing teams out race testing and training every day for two years.
Then again, it begs the question why Ernesto got in such a huff over Grant Dalton’s proposed nationality rule for the Cup had the Kiwis won it. Ernesto said way back in June: 'If he was to win, that basically would put three-quarters of the people around this harbour out of work.' However, the new rules for the 33rd mean there is no need to have 34 sailors ready to man two boats. Now you’ll need just 20 or 21 to fill one of the new 90-foot beasts. So not everyone who was competing in 2007 is going to find room on board a boat in 2009.
Nevertheless, I like the one-sailing-team rule. The wage bill will be more affordable for the smaller teams. On the other hand - two boats to be built in less than 18 months? That’s definitely one for the big teams to enjoy.
To read the full story, see www.SailJuice.com - for news and opinion from the 32nd America's Cup in Valencia
Andy Rice's other website is www.SailingTalk.com - which presents technique tips from the world's greatest sailors
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