Please select your home edition
Edition
X-Yachts Leaderboard 2024 1

America's Cup: Malta Altus Challenge smiling after big win

by Richard Gladwell Sail-World NZ 6 Feb 2019 21:18 PST 7 February 2019
Royal Malta Yacht Club is represented by the Malta Altus Challenge in the 36th America's Cup © Rolex / Kurt Arrig

The Arbitration Panel for the 36th America's Cup has just released their first Decision of the 36th America's Cup.

It is a big win for the Malta Altus Challenge, and indeed any team looking to bypass the "100% nationality" rule that applied for the 2021 America's Cup.

On December 6, 2018, less than a week after their Challenge was accepted by America's Cup Defender the Royal New Zealand Yacht Squadron, the Malta-based Challenger, lodged a request with the three-person Arbitration Panel seeking a definition of the term "nationality" as used in the Protocol for the 36th America's Cup.

This was the first decision for the Arbitration Panel, headed by Australian David Tillett, Graham McKenzie (NZL) and Prof Henry Peter (SUI).

Under the tight nationality rules for the 36th America's Cup, all sailing crew are required to be nationals of the country of the Club their Team represents.

The Protocol provides two ways that will satisfy this requirement.

Article 10.2(a) says it will be satisfied "if the person is a national of that country".

A second way is if the person lives in the country of the Club their Team represents for a total of 380 days from September 1, 2018, to August 31, 2020; or if they are Late Challengers, the 380 days runs from December 1, 2018, to November 30, 2020.

The term "national" in the context of Article 10.2(a) is not defined in the Protocol. And could be construed to mean that someone who was a passport holder of their Team's country would satisfy that national requirement.

Malta Altus Challenge engaged Dr Hamish Ross, a former legal and rules adviser to the Swiss Alinghi team, twice winners of the America's Cup. Ross is domiciled in New Zealand and is also serving as the team's Strategic Director - handling base and similar team issues required in Auckland. His PhD is in the America's Cup.

The Malta Altus Challenge used as a test case a "Sailor A", believed to be one of the professional sailors sought to be engaged by the team, but one who was not a Maltese citizen - and for various reasons would have struggled to reside for 380 days in the historic Mediterranean island state.

The term "national" was not defined in the Protocol, and the Protocol provides for the Arbitration Panel can to then apply a dictionary meaning of the term in making its Decision.

Two teams, the American Magic (New York Yacht Club) and Ineos Team UK (Royal Yacht Squadron) filed Responses to the Arbitration Panel. They are believed to have held different views but did not disagree with the interpretation conclusions of the Arbitration panel.

Two weeks later, in its Decision, the Arbitration Panel ruled that "If Sailor A becomes a citizen of Malta and receives a passport of that country at any time before the commencement of racing in the Challenger Selection Series, that will satisfy Article 10.2(a) of the Protocol."

That Decision clears the way for Malta Altus Challenge to engage a multi-national team, and bring those sailors into the team at any time before the start of the Prada Cup, the Challenger Selection Series for the 36th America's Cup, provided they have been issued with a Maltese passport. It means that Malta can cherry pick a multinational America's Cup crew from the best sailors available, including those who are committed to sailing in the SailGP series for countries like Australia, which do not have a Challenger in the 36th America's Cup.

They are believed to be in a position to engage several key sailors from Artemis Racing team (SWE), who came within an ace of winning the Challenger Selection Series in Bermuda - and statistically had more leg wins than Emirates Team New Zealand in the Louis Vuitton Trophy final. They also had two wins in the America's Cup Qualifier Series in their Match with Oracle Team USA.

While the principle of the Arbitration Panel's Decision is expected to apply to any team, they probably still have to make a specific application to the Arbitration Panel and state their case to be completely assured of the legality of their actions.

The other six teams are expected to continue to hire all-national sailing teams engaging people who are citizens of the country of the Team.

Malta Altus Challenge does have to pay the costs of the Decision, put at NZD$8,000 - however in the grand scheme of the 36th America's Cup that is a small investment for a very significant gain for the Maltese team.

Related Articles

America's Cup: Luna Rossa sail two AC40s
Luna Rossa Youth and Womens team sail two AC40s marking the anniversary of their 2024 wins The Italian Challenger Luna Rossa has opened its account in the 2027 America's Cup, sailing two AC40s from the team's permanent base in Cagliari, Sardinia. The occasion was a celebration of their wins in the Youth and Womens America's Cups Posted on 1 Oct
SailGP and America's Cup on collision course
Serious schedule clashes ahead as a group of professional sailors try to serve two masters. "This America's Cup has to be their #1 priority. Frankly, as far as I am concerned, it's the only priority", Emirates Team NZ CEO Grant Dalton on pro sailors wanting to compete in SailGP as well as the America's Cup. Posted on 26 Sep
America's Cup: Ray Davies scouts Naples
Ray Davies of Emirates Team New Zealand recently made a vibrant stop in Naples, Italy Ray Davies of Emirates Team New Zealand recently made a "vibrant" stop in Naples, Italy, ahead of the upcoming Louis Vuitton 38th America's Cup, and was left in awe of both the city and its sailing conditions. Posted on 25 Sep
America's Cup: Controversial agreement signed
According to Italian media, the secret AC Partnership agreement has been signed by CoR/D* International sailing journalist, Fabio Pozo, writing for the Milan based newspaper La Stampa, reports that the secret America's Cup Partnership (ACP) agreement is expected to be signed next week. Posted on 21 Sep
America's Cup: Vision for the Naples unveiled
Emirates Team NZ and Sport e Salute unveiled the vision for the America's Cup in Naples in 2027. Emirates Team NZ and Sport e Salute, the publicly-owned Italian company responsible for promoting sports and a healthy lifestyle across the nation, unveiled the vision for the Louis Vuitton 38th America's Cup in Naples in 2027. Posted on 20 Sep
Womens America's Cup opportunities expand
the pathway for female athletes has never been stronger than in the Louis Vuitton 38th America's Cup 2024 and the inaugural Puig Women's America's Cup was announced following the publication of the Protocol for the Louis Vuitton 37th America's Cup in Barcelona. It was a moment not only for women's sport and equality but showed that the America's Cup was Posted on 19 Sep
America's Cup: The Elephant(s) in the Room
Some shafts of light have been shed on the negotiation positions of the Challengers and Defender. With nearly 250 pages of America's Cup regulations released, it's clear both the Challenger and Defender have ben forced to take a pragmatic stance on the Naples Cup. Some shafts of light have been shed on the positions of the Challengers and Defender. Posted on 18 Sep
America's Cup: Luna Rossa's Challenge accepted
According to local media the Italian team, Luna Rossa has had its Challenge accepted by the Kiwis. Leading America's Cup journalist, Fabio Pozzo, reports that the Italian team, Luna Rossa has had its Challenge accepted for the 2027 Cup in Naples. Posted on 12 Sep
America's Cup: ETNZ's design boss on new AC75 Rule
Kiwi design chief, Dan Bernasconi on recycled AC75 hulls, electric power and other rule changes. Kiwi design chief, Dan Bernasconi on the use of recycled AC75 hulls, the switch to full electric power, and other changes. He claims there is plenty of performance gain left in the AC75 for the designer teams. Posted on 12 Sep
America's Cup: Class Rule and Tech Regs out
The America's Cup Class Rule and Technical Regulations for the Naples Match have been published With the clock ticking down to the start of the Louis Vuitton 38th America's Cup in Naples in 2027, the AC75 Class Rules and Technical Regulations have been issued to all teams and published with a focus on cost containment. Posted on 11 Sep
Armstrong 728x90 - Performance Mast Range - BOTTOMHenri-Lloyd Dynamic RangeZhik 2024 December