America's Cup Race Two – BMW Oracle wins the CUP!!

AC 2010 Race Two – BMW Oracle wins the CUP!!
The wind finally settled (it needs to be within a directional range of 30 degrees for a Cup race) at around 4pm today in Valencia. Alinghi 5 with owner Ernesto Bertarelli at the helm won the right to enter on starboard but were inside the starting area before time and were penalized before the race even started.

BMW Oracle, with both Larry Ellison and Russell Coutts onboard, steered around Alinghi and headed out to the left side of the course. The Swiss catamaran, slow to get moving, sailed out the right, already 400m behind. After several minutes, it became clear that Alinghi’s performance had been transformed, sailing both higher and faster than in Race One. Within minutes, the Swiss boat had sailed into the lead as the breeze on the right gave a significant advantage. Bertarelli handed the helm to Loick Peyron, the French multihull veteran. At one point, Alinghi 5 was 600 metres ahead and it was noted they had raised a protest flag. As they neared the windward mark, Alinghi tacked over to the left, crossing BMW Oracle who had already tacked for the mark. When Alinghi tacked, her speed dropped dramatically and, as BMW Oracle was already moving fast, it looked as if the Swiss had misjudged the layline to the mark. Sure enough, BMW Oracle was able to squeeze up, rounding the mark 28 seconds ahead.

On the first reach, The US boat again showed her off-wind abilities, swiftly climbing to 30 knots in the 8-knot breeze. Alinghi stayed in touch but could not seem to match the speed of the American boat. By the final turn, BMW Oracle was nearly 2000 metres ahead. Alinghi tried everything to get back into the race, dropping water ballast and changing to a larger headsail. These moves improved her speed but not by enough to close the gap.

Two miles from the finish, BMW Oracle ran into some light airs and was forced to tack, allowing Alinghi to close the lead down to1000 metres. But minutes later the US trimaran crossed the finish line to win the America’s Cup. As Alinghi neared the finish, they sailed into a perfectly executed penalty turn, dropped their protest flag and crossed the line just over 5minutes behind. The prizrgiving is at 8pm, so I’m off!!

Mike O’Neill

America's Cup 33 - It all Starts today!

Yesterday the AC Park at Port America's Cup was buzzing for the Official Opening Cermony of the America's Cup accompanied by one of the most spectacular Mascletàs (daytime firework displays) the city has ever seen. Today sees the first race with BMW Oracle Racing winning the toss to start the race from the starboard tack - Follow the races live on americascup.com and follow our tweets twitter.com/gooruvlc for latest through the day.

America's Cup 33 - OWNERS PRESS CONFERENCE SATURDAY 06 FEB- ELLISON IS A NO-SHOW

Ernesto Bertarelli, the President of the Swiss syndicate Alinghi yesterday stated that he was saddened by the fact that his rival Larry Ellison of BMWOracle Racing had failed to show up for a joint owners press conference organised by the Americas Cup Consortium, he went on to say that he was very surprised by the absence of Mr Ellison, who had previously stated that he would not attend as his executive director Russell Coutts had not been invited to attend.
Communications Director for the Consortium, Francisco Tormo, said that it had been made very plain by the AC33 organisers that the event was a press conference of the owners and that no one else amongst the teams had been invited, or would be qualified to attend, and not that Mr Coutts would not be welcomed, but he is not the owner of the team. Mr Bertarelli, When asked why his relationship with Mr Ellison had deteriorated so much, stated that 'what happened today says it all.'
Alinghi founder Ernesto Bertarelli highlight that safety and reliability need to be key issues to be borne in mind during what promises to be an enthralling 33rd America’s Cup, scheduled to start on Monday. He asked that anyone trying to watch the matches from their own craft take special care as these are immense craft capable of huge speeds...

the 33rd America's Cup - Let me try to explain.........

The 33rd America’s Cup match has been delayed so many times, it is hard for the serious players, let alone the spectator to understand the latest reasons. So let me try to explain:

A. Alinghi 5 has sails which were produced on a mould in America, then shipped to Switzerland to be glued together and finished.

B. GGYC says the whole boat, including sails, must be ‘constructed’ in the country of origin, eg Switzerland, and has taken the matter to court.

C. SNG say that, if Alinghi 5’s sails are banned, Alinghi will forfeit the series rather than race and then find they are disqualified.

"We have been clear: If BMW Oracle succeeds in disqualifying the Defender's sails then there will be no Match," Meyer said. "Russell Coutts [BMW Oracle skipper] will have won the America's Cup for Larry Ellison without sailing."

D. Everything else is just ‘smoke and mirrors’. No other legal issues are involved.

So why have BMW Oracle raised the question of sails when they know that American-made sails were used by almost all teams in the 32nd AC event without any complaint or protest. Why has it become such an issue now?

Tom Ehman of GGYC says: ....... the 33rd Match is not a normal regatta. It is not even a normal America’s Cup. It is a “Deed of Gift match” in which the clear wording of the Cup’s ruling document must be adhered to by both teams.

This statement suggests that, in previous Cup events, the use of American sails was a ‘gentleman’s agreement’ between all the teams involved. Given the bad blood that exists between these two teams, it is clear that agreement or compromise is simply not possible at this late stage. It is also nearly certain that the Supreme Court will not rule on this case until after the series has begun.

Unless someone ‘blinks first’, racing will go ahead on February 8th, weather permitting. What happens after the ‘grudge match’ has been settled, and one team has ‘won’ the America’s Cup? It seems quite likely that the whole show will end up back in court. Why?, because the two teams have failed to reach agreement on so many points up to now, it seems very probable that one or the other will find a reason (genuine or spurious, depending upon your viewpoint) to protest the whole event. The fact is, they have to go racing on February 8th just to satisfy the New York Supreme Court that they were acting in accordance with the Court’s ruling; that is: if you are going to race, the race must start no later than 10 months after the Court ruled that you should!

It will still be a thrilling spectacle and a once-in-a-lifetime opportunity to witness a true ‘Battle of the Giants’. We will be there on Monday, February 8 (not the12th as previously reported) and we hope to see you there.
Mike O’Neill

America's Cup 33 News - It is going to be broadcast live - and free on the web!

photo©2010 David Inwood
The Société Nautique du Genève (SNG), trustee of the America’s Cup, has delegated the responsibility for organising the media and event activities for the 33rd America’s Cup to Consorcio Valencia 2007. The 33rd America’s Cup promises to be a regatta unlike everything which has been seen so far.

The two fastest boats in history will fight for the America’s Cup over race courses that are up to six times bigger than the ones used in the 32nd America’s Cup. For this reason, the TV coverage of the racing will be key. For the first time in history, the races will be broadcast live and free of charge through www.americascup.com to reach the biggest, widest possible audience, including all the fans who will not be able to be in Valencia to witness live this historic competition

The on-shore action will be concentrated at the Veles e Vents, the landmark building central to Port America’s Cup. A giant screen will be installed for fans and spectators to follow the races live as well as enjoying a host of complementary activities around the Port area. The International media centre with capacity for 150 journalists will be in close proximity to the Veles e Vents.

Jorge Gisbert, General Director of Consorcio Valencia 2007: « We are very grateful to have the event back at Port America’s Cup, in the short term we have available we will do our utmost to set the stage for an unforgettable event here in Valencia. »

To organise this event in a short time Gisbert has surrounded himself with an international team involved in the execution of the 32nd America’s Cup. This team led by Michel Hodara (SUI, 48) consists of seasoned professionals in the field of television, media, public entertainment and hospitality.

Alinghi's Marquee flies on Valencia's High winds!

David Inwood is our man on the spot at the port in the lead up to the 33rd America's Cup here in Valencia. David and his wife are overwintering on their yacht in the Marina Juan Carlos 1 and have already experienced more extreme weather conditions in their few months here than most of us have seen in ten years!
Today was no exception ...
We've had a wild and wonderful morning in winds gusting up to 59kts. Apart from minor damage to boats around us, the main event was seeing the new Alinghi marquee at the end of the marina blown to smithereerns!

read Mike O'Neill's excellent columns on the recent events leading up to this latest America's Cup

Viva Valencia!!

08/11/2009 - San Diego (USA, CA) - 33rd America's Cup - BMW ORACLE Racing - Wing revealed. Photographer: Gilles Martin-Raget

Team Alinghi have agreed that the America’s Cup ‘Deed of Gift’ series will, after all, take place in Valencia next February. The series will be fought by Cup defenders Team Alinghi against BMW Oracle, who challenged the Swiss team following the uproar resulting from Alinghi’s selection of a ‘tame’ Spanish challenger in July 2007. The ensuing litigation has dragged on through two and a quarter years and 8 court hearings.

The contestants will meet in two outrageously-modern multihulls, quite unlike any previously craft seen in America’s Cup racing. Team Alinghi have chosen a giant catamaran, whilst BMW Oracle have gone for a trimaran. Both craft are capable of speeds in excess of 50 knots (92.kph), so the closing speeds will be terrifying; especially for those on board!

Many details of the event are yet to be decided but one thing is certain – this contest will be a spectacular no-holds-barred fight to the finish.

33 America's Cup- Do you really care?

The long-awaited ‘grudge match’ between Alinghi and BMW Oracle is closer to being arranged........but not much closer.
For those of you still following this story after two years, yes two years of court cases and verbal sparring, this will not come as any surprise. For those who are reading about this for the first time.......it would take too long to explain, so read the back-pages if you want the full story. A brief summary is impossible.
But it is not going to happen in Valencia but in Ras al-Khaimah, bet the teams are happy about that!
read (much) more on this sad and convoluted story by clicking the headline.
Words 2009 Mike O'Neill
Image of First sail for Alinghi 5 on Lake Geneva ©2009 Carlo Borlenghi/Alinghi

NO PLAIN SAILING!

That’s it – it’s definite! The America’s Cup is NOT coming back to Valencia. (Although there’s always a small voice somewhere from the Town Hall that says, “Well, it might just if…and then gives a fairy tale list of if, buts and maybes that will never – but never happen.)

Which leaves us with the question, “What are we going to do with the beautiful white elephant that is the Puerto Americas Cup?”

This multi-million euro drain on the public purse had a brief couple of months of glory in 2007 and has since stood all but deserted. On the cusp of the Formula 1 event, whose track runs through the port, the only people in attendance were a team of cleaners washing down the enormous windows of Veles i Vents, the once posh VIP centre for the Americas Cup, now looking sad and dejected – but clean! A few workmen are tarting up the cafés and restaurants, but broken plant holders and streaked paint give off an air of neglect.

At five minutes before two on a Friday lunchtime (07 August - 3weeks before F1), when restaurants would normally be filling up, the staff at elegant Arribar set out on the terrace over forty tables, each with four chairs, with half as many again inside – with not one customer. Throughout the chi-chi area not one member of the general public moves, sits down to lunch or even takes a beer.

Weeds grow through the slats of the wooden seats built for people to watch the Cup races on enormous TV screens. It’s a perfect place to have an open air cinema, under the stars, with a cooling breeze blowing off the Med, but the Town Hall doesn’t seem to have thought of that, or thought of anything else to do with enormous area of big venue spaces, open air walkways, fancy bars and restaurants – it even has its own Victorian bandstand. But there’s no sign of the floating golf course we’ve been promised – at least we can be grateful for something!

So, wanted, an astute, inventive, far-sighted entrepreneur, with ideas, plenty of money and an ability to deal with a lot of bureaucratic plonkers.
words and images ©2009 Derek Workman

Sorry Folks, it ain’t gonna happen.......

Bet they're not smiling now!


There should be AC33 yachts on the horizon!

The reason I have been slow in putting pen to paper (ok, finger to key-board) recently is an increasing awareness that, notwithstanding two major and costly defeats in court, Ernesto Bertarelli’s ego is so huge, he just cannot accept defeat. The result of this is that, in spite of Golden Gate Yacht Club’s (BMW Oracle’s home club) offer to bury the hatchet and agree to a conventional America’s Cup series in Valencia next year, Société Nautique de Genève (Team Alinghi’s home club) have instead accepted the alternative of a head-to-head ‘Deed of Gift’ match in 90 foot multi-hulls at a venue to be decided.

SNG statement: issued yesterday (23 April), said:

“At a meeting today in Geneva, the America's Cup defending yacht club, Société Nautique de Genève (SNG), confirmed that it accepts the Golden Gate Yacht Club's (GGYC) challenge for the 33rd America's Cup and informed representatives of the American yacht club that its team, Alinghi, will be ready to race their 90x90ft boat (as stated in the GGYC Notice of Challenge) in 2010.

SNG expressed its willingness for the challenger selection to be open to other teams and has encouraged GGYC to do so by offering them more time for teams to prepare if necessary. It was also stated that the SNG would be flexible and ready to discuss other terms of the 33rd America's Cup such as race format, venue or calendar.”

Now, much as I look forward to the spectacle of two giant multi-hulls (catamarans or trimarans...or one of each) hurtling towards one another at 50 knots plus in a winner-takes- all ‘grudge match’, the idea that this should be the way forward to future America’s Cup contests is just plain stupid. For a start, once one of these two giants has crossed ahead of the other.......game over, bar some unfortunate accident. These ‘boats’ are just so fast that, unlike Formula One where a great start can often be undone, the leading boat can just sail away and...well, where’s the sport in watching that?

The idea that the (alleged) eighteen other teams, waiting in the wings for the outcome of this conflict, would now willingly commit themselves and their sponsors (!) to the design, build and trial of these multi-hulled monsters really beggars belief. These teams have been willing to toe the party line thus far in the vain hope that they would get at least a year’s worth of low-cost sailing in the existing armada of AC yachts. GGYC (BMW Oracle) had already stated that, if they won the case, they would be happy for the 33rd AC Challenge to carry on in the existing boats provided that SNG (Alinghi) accepted some modest amendments to the rules that SNG had instigated.

GGYC statement: Valencia, Spain, 23 April 2009 – “A delegation from the Golden Gate Yacht Club and its team, BMW ORACLE Racing, met in Geneva today with representatives of SNG/Alinghi. GGYC’s clear and straight-forward proposals for a fully competitive, conventional America’s Cup in monohulls were rejected by SNG, who insisted on a regatta in large multihulls under the Deed of Gift (“DoG”). SNG asserted that the Deed of Gift match with GGYC would take place in May 2010. This is in defiance of the recent decision and orders of the New York courts that the DoG match take place in February 2010.

GGYC has asked SNG to put their position in writing, and hopes to have another meeting with SNG soon to clarify issues related to the DoG match. GGYC is disappointed that SNG categorically rejected our proposals for a conventional regatta. GGYC will continue to negotiate in good faith as Challenger of Record to put the America’s Cup back on the water as soon as possible.”

The question of dates is important. The New York Supreme Court ruled that racing should take place within ten months of judgement, which means by the end of February 2010. If the two teams don’t like the idea of racing in cooler European waters at that time of year, they could always be sure of a warm welcome in New Zealand, where Alinghi first won the trophy back in February 2003. Read the rest of this story NOW on thisisvalencia.com.....Bertarelli’s Big Problem
Mike O'Neill

America's Cup 33: Société Nautique de Genève statement

CONFUSED? WE ARE....
Geneva, Switzerland - (2009-04-23)
At a meeting today in Geneva, the America's Cup defending yacht club, Société Nautique de Genève (SNG), confirmed that it accepts the Golden Gate Yacht Club's (GGYC) challenge for the 33rd America's Cup and informed representatives of the American yacht club that its team, Alinghi, will be ready to race their 90x90ft boat (as stated in the GGYC Notice of Challenge) in 2010.
SNG expressed its willingness for the challenger selection to be open to other teams and has encouraged GGYC to do so by offering them more time for teams to prepare if necessary. It was also stated that the SNG would be flexible and ready to discuss other terms of the 33rd America's Cup such as race format, venue or calendar.

Good News on the America's Cup

The Golden Gate Yacht Club have written a letter to Société Nautique de Genève setting out their thoughts on the way the next America's Cup could be. Sounds good for Valencia- Let's hope the meeting tomorrow in Geneva goes well

A statement just issued by GGYC, reads:

'The Golden Gate Yacht Club and its team, BMW ORACLE Racing, remain committed to a multiple challenger, mutual consent regatta. In preparation for our meeting with Société Nautique de Genève (SNG) this Thursday (23 April) in Geneva, Commodore Marcus Young sent a letter to his counterpart at SNG today reiterating our commitment and outlining two proposals for a multiple-challenger AC33. This letter is posted on our Club website, www.ggyc.com. We believe it is important to be clear and transparent in our respective positions. We are asking SNG to respond with their position in writing to avoid any confusion.'

The letter referred to reads:

Golden Gate YC - Golden Gate Yacht Club

April 21, 2009

Commodore Pierre-Yves Firmenich
Société Nautique de Genève
Port Noir
CH-1223 Cologny
SWITZERLAND

Dear Commodore Firmenich,

We remain committed to a multiple challenger, mutual consent regatta. To that end, we have ceded full authority to our delegation to negotiate an agreement with your club, and we seek confirmation that your delegation has similar powers.

We also believe that the process can be accelerated by highlighting our position to you in writing ahead of the meeting, thereby giving your team time to discuss the options and prepare. Henceforth, our AC33 proposals will be in writing and we respectfully request your responses be in writing as well.

Our proposal for AC 33 is for a multi-challenger regatta under a Protocol and rules (racing, technical and commercial) agreed by mutual consent, at Valencia in 2011, in your new 'AC33' class based on:

AC 32 rules and format with cost cutting measures; and the Board of ACM agreed by mutual consent.

or, alternatively:

a traditional format of a separate Challenger Selection Series organized at your venue by Louis Vuitton (if they agree to this role); i.e., the Challengers will provide the winner of the LV Cup, and the Challengers will re-assume the financial and organizational responsibilities for this series.

On Thursday our delegation is going to Geneva to discuss the foregoing with your representatives. We look forward to your written response to these proposals within a week of the Geneva meeting.

We suggest there be a neutral observer at the meeting able and willing to brief potential Challengers and the press afterwards. We invite your suggestions on who this might be.

Sincerely,

END

America's Cup - An Open Letter

This is an open letter to the Société Nautique de Genève and the Golden Gate Yacht Club from the Commodores of the five yacht clubs that either set the America's Cup competition in motion: the Royal Yacht Squadron, or have been a former trustee of the Cup: the New York Yacht Club, the Royal Perth Yacht Club, the San Diego Yacht Club and Royal New Zealand Yacht Squadron.

'We write to encourage you to negotiate together for a fair and equitable multi-challenger competition for the thirty-third defense of the America's Cup. We believe that such an event, as opposed to a 'Deed of Gift' defense, is in the greater interest of the sport of sailing in general and of members of the broad America's Cup community, who have invested their time and resources to make the event a true international competition of the highest order.

'We hope that the current challenger and defender will work together to find a way through their differences to bring about such an event for the good of yachting and the America's Cup.'

The Lord Iliffe, Commodore Royal Yacht Squadron
David K. Elwell Jr., Commodore New York Yacht Club
Mark Fitzhardinge, Commodore Royal Perth Yacht Club
R. Andrew La Dow, Commodore San Diego Yacht Club
Scott Colebrook, Commodore Royal New Zealand Yacht Squadron

AMERICAS CUP BACK ON THE WATER!!

No, you read it right, this is no April Fool, this is the real thing!

For those of you who need a brief update on the reason for the long delay: Following Alinghi’s successful defence of the trophy in July 2007, they accepted CNEV, a newly-formed Spanish Yacht Club as Challenger of Record. The two teams set about changing the format and rules for future Americas Cup series. A number of other teams were outraged by this and one of them, BMW Oracle, commenced legal action against Alinghi in the New York courts, alleging that CNEV was not a valid Challenger of Record.

A court hearing in November 2007 found in favour of BMW Oracle but Alinghi appealed and, in June 2008, managed to reverse the original decision. BMW Oracle then counter-appealed and the whole thing was brought to an end with a New York Supreme Court ruling yesterday, 2 April 2009. An extract follows:

'Since CNEV has failed to show that at the time it submitted its Notice of Challenge it was a 'club fulfilling all the conditions required by' the Deed of Gift, it does not qualify as the Challenger of Record for the 33rd America's Cup competition and Supreme Court was correct in declaring GGYC to be the valid Challenger of Record.'

SNG, Alinghi’s home club said yesterday: “It has consistently been our view that the America's Cup should be fought on the water. Today through the American courts the Golden Gate Yacht Club has won the right to challenge the Société Nautique de Genève. We will now discuss the terms for the regatta with them and will prepare our defence of the 33rd America's Cup.”

GGYC, BMW Oracle’s home club have yet to comment, but a statement from Tom Ehman of GGYC following the first court hearing still seems relevant: He said ““From the very beginning this whole process has been about stopping the defender from imposing a wholly one-sided set of rules on the Cup that was strongly opposed by the great majority of challengers.”

CNEV issued a statement saying: Club Náutico Español de Vela (CNEV) and Desafío Español have received the news of the New York Court’s decision with disappointment.
The court’s decision confirms Golden Gate Yacht Club as the Challenger of Record, to the detriment of the Spanish club.

So what now? The situation was best summed up by Richard Gladwell of Sail-World.Com: “The fate of the America's Cup lies in the hands of Ernesto Bertarelli and his clubs and team.

Take the hard line and insist on meeting Golden Gate YC in a multihull and there will be another round of Court argument and Appeal, which will not be resolved for another two years, plus the 10 months taken from todays date for the match to be held - effectively three years.

Or, he can take the magnanimous line, agree to operate under Mutual Consent and run a multi challenger event, which could be underway in 12 months time (April 2010) with the first preliminary regatta being sailed off Valencia in the months time.

Your call, Ernesto.”

There will be more stuff to resolve before the show is well and truly back on course but we will keep you posted as the news breaks. Good sailing!
Mike O’Neill

Mike O'Neill writes regularly on Sailing and the America's Cup here

Larry Ellison wins in court over the America's Cup 33

A New York court Thursday backed American team BMWOracle over the Swiss champions Alinghi as an end to a long-running legal fight that could now mean the next America's Cup will be a duel between the two clubs in multihull boats.
The New York Court of Appeals overturned a ruling last year that backed, Club Nautico Espanol de Vela (CNEV), a Spanish club as the official Challenger of Record for the next edition of yachting's premier event.
BMWOracle, owned by American billionaire Larry Ellison, will now replace the Spanish club as the Challenger of Record, giving it the right to help organise the next America's Cup with defenders Alinghi.
"We're very pleased with today's decision by the New York court," Oracle spokeswoman Jane Eagleson told AFP. "We're carefully studying the decision and expect to have more to say in the next few days."
Alinghi's spokeswoman said the club would issue a statement later Thursday.
Oracle now has the right to demand the next America's Cup be a best-of-three duel with Alinghi in multihull boats, rather than the traditional regatta involving several teams, but the US team has said it is willingto negotiate with Alinghi to reach a deal on a traditional regatta, and the court in its ruling even called on them to talk with the Swiss champions to settle terms.

Americaa's Cup 33, the regattas are taking place in Valencia

Valencia to host two pre-regattas
The 33rd America's Cup event authority, AC Management, today signed a Host Venue agreement with the Valencian Municipality and Regional Government for Valencia to hold two America's Cup pre-regattas, the first from the 10-19 July and the second in October.

AMERICA'S CUP: LATEST NEWS

Thursday, 04 December 2008- An open letter from BMW Oracle's Russell Coutts to the America's Cup Challengers

BMW ORACLE Racing CEO and Skipper Russell Coutts has replied to Ayre Challenge skipper's oppen letter with another open letter to the AC33 Challenger community. In it he says that his team is willing to consider entering AC 33 “by 15 December even though it is a totally arbitrary deadline” but he needs to see “the current drafts of the protocol, event regulations, and competition regulations.”

He adds, “If we do not receive these materials as requested – or our review of them shows there has been insufficient progress in resolving fairness issues – we will cease our 17-month effort to resolve this dispute with the Defender and other Challengers, and will rely on the New York State Court of Appeals to decide.”

Here is the full text of his letter.

Dear America’s Cup colleagues,
As you know, my colleagues and I at BMW ORACLE Racing are eager to join the Challengers for AC33 and we’ve made genuinely constructive suggestions and concessions to make that happen, including embracing ISAF’s willingness to mediate this dispute.

We share your interest in having a world-class field of Challengers for our sport’s pinnacle event, and appreciate your belief that BMW ORACLE’s participation is essential.
We are willing to consider entering the competition by 15 December even though it is a totally arbitrary deadline. However, inasmuch as we’ve been excluded to date from the discussions, we need further clarity on fundamental issues (which you say have been addressed) to meet our concerns, and those of others, about fair and competitive rules.
Specifically, we ask that you arrange to have the Defender send us by Monday, 8 December the current drafts of the protocol, event regulations, and competition regulations. This would give us a week to properly review them against our Ten Point Plan and determine our course of action before the 15 December deadline.
If we do not receive these materials as requested – or our review of them shows there has been insufficient progress in resolving fairness issues – we will cease our 17-month effort to resolve this dispute with the Defender and other Challengers, and will rely on the New York State Court of Appeals to decide.
With respect to the lawsuit, we are moving into the home stretch with a decision on our appeal expected early next year. Given the stakes involved in preserving the integrity of this great event, we do not believe a few more months presents an unreasonable delay. As we’ve said before, if we prevail, as we expect, we will work toward having a fully competitive, conventional multi-challenger regatta with fair rules in 2010.
Still, we are willing to give a settlement outside of court one last try. In the cordial, friendly spirit of your letter, I hope you will help move this process along by arranging to provide us the documents we request.
Sincerely,
Russell Coutts
CEO and Skipper

Meanwhile in a report in El Mundo yesterday Rita Barberá, Valencia's mayoress, after a meeting with the president of Valencia's regional government, Francisco Camps, said that both are ready to close the deal for the 33rd America's Cup to be held in the city.

“Pending the judge's decision, we are both ready to close the deal as soon as possible”, Barberá stated "For us it is already mentally here." she then told journalists to ask the central government's Vice President, María Teresa Fernández de la Vega, "when she comes", whether she also agrees.

“We have the will to support the celebration of the 33rd America's Cup in Valencia with all the boats and teams possible and it should take place in July 2010, with two pre-regattas in 2009 as offered by Alinghi", she concluded.

America's Cup: An open letter from Ayre Challenge's Pedro Perello to BMW Oracle's Russell Coutts

Ayre Challenge represents the prestigious Yacht Club of Denia, one of Valencia and Spain’s most important yacht clubs. It is the second of two Spanish challengers for America's Cup 33.

Dear Russell,
The reasons that induced me to write this open letter stem from the respect I have towards you and your team.

Ayre challenged for the America’s Cup more than a year ago, hoping to take part in a competition that thanks to the excellent organization set up by ACM and the Valencian and Spanish public institutions became a world reference and example of what a global sports competition should aspire to.

The success of the 32nd edition in the summer of 2007 in Valencia surpassed all expectations and was also due to the active participation of all Teams, with BMW Oracle Racing undoubtedly being a clear example. Ayre was born because of the 32nd edition being so successful.

Unfortunately, any judicial procedure in any field causes serious setbacks to the proper development of any activity and in this particular case all teams are suffering from this eternal lawsuit that, without pointing any fingers, looking for reasons or blaming anyone, has paralyzed the 33rd edition of the Cup.

Alinghi has recently decided to get sailing back on track and reactivate the organization. They have gathered all teams that have legally entered and started a process of rebuilding the competition. I truly believe this was the correct procedure because the current situation is greatly detrimental to all involved but also to the image of the America’s Cup.

After three meetings in Geneva, all participating teams have been able to confirm Alinghi’s predisposition to carry out the necessary modifications to the Protocol, the Event and Competition Regulations, as well as the design of the new box-rule, in a completely democratic way. As a result, great advances have been achieved in a short time.

Ayre considers that at this moment we objectively have the evidence that demonstrates the change in situation. Race Officials will be selected from ISAF officials. The Protocol and the Event and Competition Regulations are being modified in a democratic way, open to all registered Challengers. We believe that going back to an exhaustive 10-point list, most of which have already been addressed, is not the most cordial way to reach an agreement. Nor is it a considerate gesture towards the teams present in the meetings.

We want to believe BMW Oracle Racing wish, as they have repeatedly stated, the return to an open competition, open to all Challengers, as soon as possible.

Ayre thinks that at this moment the only important issue is to break the current deadlock, without any accusations or analysis, without declaring winners or losers in a dispute that has hurt all parts equally. The only important issue is to remedy the reasons that caused BOR’s action, within the democratic framework Alinghi has put in place with all the teams participating in the 33rd America’s Cup. A DoG Match will irreversibly damage the possibility of having a multi-challenger edition in the near future.

As a challenger that represents the prestigious Yacht Club of Denia, one of Valencia’s and Spain’s most important yacht clubs, we think that the effort and patience shown by the Valencian and Spanish public institutions should not be wasted.

The deadline for inscription in the 33rd America’s Cup is on December the 15th. After that date, no team will be able to join. Ayre thinks that BMW Oracle Racing’s presence is essential and its absence will strongly weaken the competition. We also think that BOR has the right to participate, as long as it’s done before the deadline and within the formal framework.

Let this friendly letter be a demonstration of our admiration towards a team that through its perseverance and capacity has demonstrated that, despite suffering sports setbacks, because of its spirit of fair competition it has been able to come back and compete.

Dear Russell, the America´s Cup needs the three-time winner of the world’s oldest and most prestigious sports event, and probably the world’s best sailor, to be part of it, adding to its prestige.

Sincerely,

Pedro Perelló

America's Cup: GGYC publishes a 10 point plan for Protocol changes

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The following is a 10-point plan that articulates simple changes to the proposed Protocol for America’s Cup 33 that would address the concerns of many Challengers who want to ensure that the rules of AC33 are fair.  With the exception of #10, the plan is based on the points we negotiated with the Challengers in December last year, and reflect further concessions since offered.  Agreement to these 10 points by the Challenger community could return AC33 to the water as early as 2010.
1. Once the changes to the Applicable Rules are completed, any further changes to Applicable Rules governing AC33 shall be mutually agreed between Defender and the Challenger of Record (COR) (subject to point #2).
2. All Challenger of Record decisions, including agreeing to the ACC Rules, Event and Competition Regulations, shall be made by majority vote of the Challengers in a Challenger Commission, one vote per team, including the COR who also has one vote, except that material amendments to the Protocol, Event Regulations or Competition Regulations, once agreed and issued, can be made only by unanimous vote of Competitors.
3. The current Arbitration Panel shall be dissolved and a new Arbitration Panel shall be appointed comprised of five members; SNG and the Challenger Commission shall each appoint two members, and the other four shall select the fifth member.
4. The Defender can race in the Challenger Round Robins, Challenger Sail-Off and Challenger Secondary Series. The Defender cannot sail in the Challenger Semi Finals and Final. Larry Ellison’s letter of 17 October 2008 to Ernesto Bertarelli offered several options in this regard, which BOR stands by.
5. The “Fair Competition” clause (2.3 of the Protocol) shall be expanded to include the Officials, Sailing Jury and Arbitration Panel.
6. The Defender and Challenger of Record shall jointly appoint a Regatta Director who shall be responsible for ensuring fair races are conducted in accordance with the terms of the Protocol. The Regatta Director shall have the same powers as for the last America’s Cup (he or she appoints/manages race committee, appoints measurement committee, umpires, and other officials as needed, prepares and publishes Notice of Race and Sailing Instructions).
7. Entries from AC32 challengers shall be accepted and not thereafter disqualified provided continued compliance with the rules, and then only by the Arbitration Panel.
8. AC33 shall be held in Valencia with AC32 teams retaining their bases if they desire.  In addition, the format and Schedule to be published by ACM ahead of time and not to be altered without consent of affected Competitors.
9. Each Challenger and the Defender may be limited to building only one new boat. As a result of this change, and as consideration for allowing the Defender into the Challenger selection series, there can be no Defender selection series.
10. There shall be no restrictions on Competitors’ sponsors or any control by the Defender or ACM over Competitors’ sponsors beyond the traditional restrictions (e.g., no tobacco sponsors). Moreover, ACM shall not ambush existing team sponsors, and if ACM secures an Event sponsor that conflicts with a major sponsor of a Competitor, that Competitor shall be under no obligation to display ACM sponsor logos on its yacht, base or team gear or otherwise promote or associate with such Event sponsor.

33rd America´s Cup- BMW Oracle Appeal against Tuesday’s Decision

BMW Oracle Appeal against Tuesday’s Decision
Following Tuesday’s surprising decision by the New York Supreme Court of Appeal re-instating Spanish yacht club CNEV as a valid challenger for the America’s Cup, Golden Gate Yacht Club have announced that they have lodged their own appeal. In a statement issued yesterday they stated: “We believe the Challenger of Record has to be a real yacht club. It cannot be something that is manufactured with a defender to set up a one-sided event. This decision would set an absurd precedent,” Tom Ehman, the club’s spokesman said. “We believe we have an excellent case for winning on appeal.”
GGYC had thirty days in which to decide whether or not to proceed. The good news is they took the decision quickly; the bad news: summer recess and the Court is unlikely to set a date much before October.
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