Please select your home edition
Edition
Leaderboard FD July August September 2023

SNG and Alinghi announce Protocol amendment

by Daphne Morgan Barnicoat 20 Sep 2007 08:04 PDT

A final appeal to BMW Oracle Racing

Today the Société Nautique de Genève (SNG) and Alinghi announced that after a series of successful Competitor Commission meetings and discussions with the legitimately entered challengers, the Protocol has been amended in agreement with the Challenger of Record, Club Náutico Español de Vela (CNEV). As a result of this, the majority of BMW Oracle Racing’s concerns have been addressed and the Defender issues a final appeal to the American team to drop their legal actions and join the competition.

These developments continue the progress of planning the 33rd America’s Cup, as Brad Butterworth, Alinghi skipper, explains: “The Competitor Commission meetings were set up as a forum to shape the 33rd America’s Cup and this avenue of dialogue is really working for the better of the event. With this and the ongoing design consultation period, which will define the new class rule and competition regulations, we are making good progress towards the 33rd.”

These amendments, as a result of Competitor Commission meetings, also reflect many of the desired changes brought forward by BMW Oracle Racing and discussed between Brad Butterworth and Russell Coutts, BOR skipper, over the last few weeks, in an attempt to resolve their concerns over the 33rd America’s Cup Protocol.

As a result and following these changes, Ernesto Bertarelli, Alinghi syndicate head, appeals to the Golden Gate Yacht Club (GGYC): “I would again appeal to BMW Oracle Racing to enter the 33rd America’s Cup as a legitimate challenger. It has been demonstrated that dialogue is possible for the better of this event and it should be noted by them that many areas of their concerns have been addressed.”

And finally he added: “We would also like BMW Oracle Racing to consider that their action is hindering the opportunity for other teams to enter the competition, and harming the ability of existing competitors to generate sponsorship income and properly plan their challenge.”

The Protocol amendments are as follows:

With regards America’s Cup Management’s (ACM) power to disqualify a competitor, this has been clarified to say that, should a competitor refuse to be bound by the Protocol, then they will have recourse to the Arbitration Panel without risk of disqualification until the Panel rules.

Secondly with regards ACM’s right to refuse an entry. The amendment is a restriction of ACM’s ‘ability to reject’ to an ability only on very specific grounds, which are: failure to comply with the Deed of Gift, a capacity issue within Port America’s Cup or a need to provide an equitable balance of competing nations. The SNG has made it clear that, should the GGYC abandon their legal action, they would be welcomed as a competitor for the 33rd edition and could shape the event along with the other challengers and the Defender during the ongoing Competitor Commission meetings.

A further suggested amendment point, on recommendation from the Arbitration Panel, regards the power of ACM to amend the Protocol and other rules. This has been changed to state that ‘any proposal to make any Protocol changes, related to the way in which the Arbitration Panel works, must be subject to its prior approval.’

In addition to this amendment, the SNG and CNEV have deleted the power of ACM to remove members of the Arbitration Panel.

Finally, the concern regarding ‘neutral management’ has been amended to extend the Fair Sailing rule to apply to all matters directly related to the regatta.

Related Articles

America's Cup: Confidential settlement reached
A confidential settlement reached over five year Cup legal claims. New Zealand website, Newsroom has obtained the confidential settlement reached between the America's Cup team Emirates Team New Zealand and their formerly contracted Event Managers, Mayo & Calder, and others associated with the company. Posted on 27 Jun
America's Cup - #3 Finish Line
The Cup is still undecided. And somewhere, in one last simulation, the universe holds its breath. The Cup is still undecided. And somewhere, in one last simulation, the universe holds its breath. Step into the last leg. This is where legends break — or rise. Posted on 23 Jun
Cup Spy: "Burling Rule" unlikely to be changed
The Defender is unlikely to soften the Rules and allow open season on its sailing team. Despite the shift of three times America's Cup winner, Peter Burling it is understood that there is unlikely to be any softening of the Nationality rule to enable Burling to get any closer to the action than a chase-boat in the 38th America's Cup. Posted on 20 Jun
Burling "excited' by Italian move
In a media statement issued by his Media Team, Burling says he remains fully committed to his role w In a media statement issued by his Media Team, Burling says he remains fully committed to his role with Black Foils, the New Zealand SailGP Team. Posted on 20 Jun
America's Cup: Kiwis advertising for key people
Emirates Team NZ seeking new people for key roles ahead of its 12th America's Cup campaign Emirates Team New Zealand, the current America's Cup champion is gearing up for the 2027 Defence of the most prestigious trophy in sailing. The team has advertised eight positions in the IT, Meteorology and Engineering areas Posted on 12 Jun
America's Cup: Another sponsor signs for Italians
Luna Rossa has announced that Unipol has renewed its trust in the team Luna Rossa has announced that Unipol has renewed its trust in the team and will accompany it as an official sponsor for the duration of the 38th America's Cup. Posted on 5 Jun
America's Cup fillibustered by Challengers
A Cup in turmoil - Protocol is unsigned - with entries due to open on Sunday. Updated story: America's Cup got underway in Rome on Monday, with Round 2 of the official welcoming ceremonies on Wednesday in Naples. However three teams are working in collusion and have again issued statements within minutes of each other. Posted on 29 May
America's Cup enthusiastically received in Naples
The Castel dell'Ovo, was the venue for the arrival of the America's Cup in Napes The Castel dell'Ovo, set on the tuft peninsula of Megaride was the outstanding setting for the Official Host Venue Presentation of the Louis Vuitton 38th America's Cup. Posted on 28 May
Italian PM welcomes America's Cup in Rome
Prime Minister Meloni set out a bold vision for the regeneration planned around AC38 The magnificent setting of the Casino del Bel Respiro, commissioned by Pope Innocent X in 1644, in the grounds of Villa Pamphilj, was the outstanding and historic setting for the formal presentation of the Louis Vuitton 38th America's Cup. Posted on 26 May
America's Cup: Big changes in crew line-up
Women and Youth crews to sail in AC75 in the next Cup - Final Draft of AC38 Protocol Historic changes are proposed in the Final Draft of the Protocol released by the America's Cup Defender. For the first time a Female and Youth crew members will be part of the six-crew lineup on board the all-electric AC75s. Posted on 23 May
Doyle_SailWorld_728X90px_SY BOTTOMExposure MarineVaikobi 2024 December