Please select your home edition
Edition
KYC - Baltic AUS 728 Now in AUS

America's Cup- Significant win for Emirates Team NZ in Jury Room

by Richard Gladwell on 9 Oct 2012
Emirates Team NZ’s AC72 sailing on hydrofoil daggerboards. the bigger volume boards permitted under the Jury Interpretation will allow her to foil earlier and in a more stable flight. Here she is sailing almost directly downwind in a light 10-12kt breeze Richard Gladwell www.photosport.co.nz

Emirates Team New Zealand have been handed a small but very significant victory by the International Jury for the 34th America's Cup.

In a decision dated October 7, 2012, the Jury has ruled on an application lodged by the New Zealand team on September 24, 2012, which queried a Public Interpretation given by the Measurement Committee.

That in turn was a clarification of an earlier Interpretation given by the Measurement Committee on July 12, 2012 - a week before Emirates Team NZ's AC72 was first unveiled and launched. She has now been sailing over two months, foiling on her fourth sail.

It is that foiling ability which appears to be at the heart of the very intricate rules interpretation given by the International Jury.

The simple question centred around whether an AC72 had to be presented in her measurement condition, with the daggerboards raised or lowered.

The Measurement Condition is an official phrase for a state of floatation of the AC72 where each hull must displace 45% or more of the total volume of the catamaran.

Emirates Team NZ's view was that the rules stated there were two measurement modes - one with the AC72 in Measurement Condition to determine the volume of water displaced by the hulls (which has to be at least 45% each).

The second measurement is MWP (the floatation plane when the AC72 is in Measurement Condition - effectively the Loaded Waterline Measurement - which is used to calculate the maximum wingsail height and other measurement points above the MWP datum).

Due to sloppy rule drafting the class rules could be literally interpreted to read that the AC72 was in one mode for the Measurement Condition calculations (ie checking that the hulls each displaced more than 45% of the total displacement).

The boat could then be remoded for the second measurement calculation of the MWP.
The point at issue being that in the first measurement (Measurement Condition) Emirates Team NZ argued that their daggerboards could be raised, and then lowered for the second calculation (MWP).

Positive Flotation

Daggerboards produce positive flotation when lowered, and it had been calculated that if the AC72 was measured (for MC), with the daggerboards in the lowered position then the volume of the daggerboards could be no more than 225 litres - which is quite minimal for hydrofoiling, and would make flight more difficult.

If that daggerboard volume was exceeded, then it was likely the the hulls would not meet the 45% minimum displacement requirement.

By being able to measure the AC72 with bigger daggerboards, designed to allow the AC72 to hydrofoil more easily, and for those daggerboards to be raised - therefore not affecting the MC calculation to the same extent, Emirates Team NZ have gained a significant advantage over teams who have opted for smaller daggerboards in the lowered position.

The International Jury agreed with Emirates Team NZ's literal view of the rule, the Measurement Committee had erred, when they had made an interpretation based on their 'perception of the intention of the original authors'.

The International Jury took the view that teams were entitled to take a literal reading of the rules rather than have to take into account the perceived intention of the rule writers.



Oracle and Artemis oppose

The America's Cup Defender Oracle Team USA and the Challenger of Record, Artemis Racing sided with the Measurement Committee's view.

Oracle said in part 'ETNZ have built boards whose volume is greater than what is allowed in rule 1.4(k). It seems that after failing to have the measurement weight of the yacht increased for calculating displacement to make their hulls and appendages legal, they are now trying to create compliance by having the weight of the appendages count but the volume of the appendages set aside. '

Artemis Racing claimed that the 'Application was an attempt by ETNZ to change the AC72 Class Rule to suit their own interest'.

Luna Rossa, who have purchased a basic hull design package from Emirates Team NZ, believed to be similar to the AC72 currently sailing, which would have been orientated for bigger volume foiling daggerboards, agreed with the position taken by Emirates Team NZ.

Team Korea, although entered as a valid Challenger, did not make a submission that was reported by the International Jury.

America's Cup Race Management backed the Emirates Team NZ case saying the case had 'arisen due to inconsistencies in the drafting of the Class Rule.' The race organisers submitted that 'when drafting the Protocol it was considered important the competitors be able to rely completely on the Class Rules as drafted ......and not to be prejudiced by new rules unless they have consented to them, even if the outcome of applying the plain language used in the Class Rule has an unintended outcome.'

'CRM also submitted that the history of the America's Cup had many examples of technical innovations exploiting provisions of the Class Rule not considered when it was drafted 'and is often accompanied by determined efforts on the part of other competitors to outlaw the innovation. Innovation of one competitor is rule breaking to another.'

ACRM noted that in issuing the latest Public (Rule) Interpretation the Measurement Committee had 'acted in good faith and endeavoured to interpret the AC72 Class Rules in accordance with their view of the intent of the Rules and avoid an outcome that was not intended.'

Jurisdiction exceeded

In its Decision the International Jury found that the Measurement Committee had exceeded its jurisdiction when it had effectively amended a class rule, by way of an Interpretation, and was directed to withdraw it.

The Jury concluded by saying that that daggerboards may be retracted when calculating the percentage of displaced volume of the canoe bodies when determining compliance with the definition of 'hull'.

ACRM submitted that as the issue had arisen from a drafting oversight that competitor's costs should lie where they fell, and not paid by the erring party - as is normally the case.

Had the decision gone against Emirates Team NZ, they would have been forced to discard two of their daggerboards, believed to cost $400,000 each, and would have wasted two of their count of 10 foils permitted under America's Cup Rules.

Their AC72 would not have been able to foil as easily and steadily as it does currently.

Waterfront scuttlebutt has it that the ETNZ AC72 has been able to gybe while fully foiling at speeds of 40knots - which if true is rather impressive.

Oracle and Artemis are now in the situation where they have to consider the value of going to bigger foils.

The http://noticeboard.americascup.com/wp-content/uploads/2011/08/JN051.pdf!Decision_of_the_International_Jury cannot be appealed.

For Martin Tasker's report on TVNZ http://tvnz.co.nz/sailing-news/jury-decision-boosts-team-nz-video-5124078!click_here

BandG AUS Triton2 FOOTERIDS--Richard-660x82Jeanneau AUS SO349 - FOOTER

Related Articles

A big fortnight for Women .. Sydney Hobart Furore
It has been a great start to 2019 for Women's sailing - in multihulls and offshore With 68yr olds winning races in a multihull World Championship, and 14 year old and 17 year old helmswoman being outstanding in the same Tornado fleet, it has been an interesting start to 2019. Plus a look at the AIS debacle in the Rolex Sydney Hobart.
Posted today at 1:46 am
Sydney Harbour Regatta preview
Owners are already signing on, a healthy indication of continued interest Middle Harbour Yacht Club (MHYC) will hold its annual Sydney Harbour Regatta on the first weekend of March, this year incorporating the Australian Sydney 38 Championship and the NSW J70 Championship.
Posted on 18 Jan
Announcing the J/80 World Championship in Bilbao
75 boats and over 500 sailors from all over the world expected For the host nation, it will be a real fight for national honors for the top three teams from last year's 2018 J/80 Copa de Espana that were held on the same waters.
Posted on 18 Jan
Etchells Australian Championship overall
Iain Murray, Colin Beashel and Richie Allanson can be very proud of their win So yes, once the Answering Pennant had been given a couple of airings, and the cloud that was causing all the issues had finally moved on overhead towards Lota, the breeze settled into its familiar ENE and 8 knot mode. We were off.
Posted on 18 Jan
Countdown is on for the 2019 Festival of Sails
Over 270 boats prepare to set sail A fleet of more than 270 boats will compete in the 2019 Festival of Sails, Australia's biggest celebration of sailing, which kicks off with the Passage Race from Melbourne to Geelong on Australia Day.
Posted on 17 Jan
OC Sport opens international base in France
One of the first to take advantage is VOR-winning skipper Charles Caudrelier 'Le HUB by OC Sport' will draw on the company's successful track record in the organisation of major offshore events and team management, to offer a full-service solution for international offshore sailing campaigns.
Posted on 17 Jan
Stars&Stripes Team USA unveils AC75 build details
Challenger aims to create sustainable legacy for American yacht industry Stars & Stripes Team USA, American flagged Challenger for the 36th America's Cup, today released additional details outlining their boat build and design process.
Posted on 17 Jan
Oakcliff first to preview Olympic offshore event
A double-handed, mixed, overnight, one-design event in New York When World Sailing announced a mixed two-person keelboat offshore event for the Paris 2024 Olympics, Oakcliff started planning. The New York-based training and coaching center will run an offshore race this spring.
Posted on 17 Jan
Doyle Sails News - January 2019 Update
Doyle Sails News: Hobart Wrap.. 2019 projects .. Cableless Revolution and more January news roundup from Doyle Sails International including Sydney Hobart, including comment from Comanche and InfoTrack, Melbourne to Hobart, Dragon Worlds from Fremantle, Cherub nationals, Star Sailors League, Solas Challenge and more
Posted on 17 Jan
Nations Cup Grand Final heads to San Francisco
10 countries represented in the Open, and 8 in the Women's category St. Francis Yacht Club in San Francisco, USA has been selected by World Sailing to host the 2019 Nations Cup Grand Final April 9-14, 2019 and will use its matched fleet of J/22s.
Posted on 17 Jan