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

IS FEBRUARY GOOD FOR YOU?

Is February good for you? I sincerely hope so because I want as many of you as possible to get down to the America’s Cup port and cheer on BMW Oracle as they (hopefully) kick the stuffing out of Ernesto Bertarelli and his Team Alinghi.

Bertarelli who, five years ago showed vision and determination by selecting Valencia as the first European venue for an America’s Cup series in 2007and who went on to win the Cup for a second time. Bertarelli who, in his misplaced arrogance, dictated new terms for the next Cup series that many teams found unacceptable, leading to a series of court cases that have dragged on for two and a half years.

The event was scheduled to start on February 8th but has now been put back to Feb 12th to give both teams the chance to get their craft here (Alinghi from Ras Al Khaimah in the Arabian Gulf, BMW Oracle from San Diego,USA) and ‘up to speed’.

At this point, the main focus should be on how to stage the event in such a way as to create a new sense of excitement for the America’s Cup, a trophy which has been the subject of controversy ever since it was first awarded in 1851.

The two contending giant multihulls built for this one-off series are capable of speeds in excess of 80kph (50mph). Anyone who wants to view the event from the water will either need a very fast boat or some extremely powerful binoculars. Even then, things will happen so fast (by yachting standards, at least) that spectators will be left wondering what happened. The best bet may well be to watch the event on television. Even assuming this is an option, much of the excitement of the live action will still be lost.

A possible solution would be to mount television cameras in the tethered balloon, a feature of the 32nd Cup series, but with a racecourse 10 miles long and at least one mile from shore, the camera will need to be especially good. A better solution would be to use an airship, capable of following the action without the turbulence caused by helicopters (although these will certainly be in evidence).

On land, the America’s Cup port houses a giant screen, allowing visitors to get the atmosphere of the event. This needs to be able to accommodate a larger audience than before, since it should be the prime area for visitors keen to get a good ‘feel’ for what is going on at sea. The port might also consider building viewing platforms so that members of the public can get a closer look at these two monstrous craft as they prepare to do battle.

The spectator event itself should be organzised by Jorge Martinez Aspar of Valmor Sports as, heaven knows, he probably needs the cash after the poor turnout at Formula One Valencia. With one proviso, it must be affordable. No-one is going to pay huge sums of money for what could turn out to be a one-sided match. But they willl turn up if the price is right and they are promised the chance to hiss and boo Mr Bertarelli as he hands over the America’s Cup to the winners.

Mike O’Neill
21 Dec 2009
NB This article does not necessarily reflect the views of thisisvalencia.com or its management.

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

hanges
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.

Alonso and his merchandise

Is this being awfully mean?
It's just that there seems to be an awful lot of merchandise left after his early retirement from the F1 European Grand Prix here in Valencia on Sunday?

AMERICA'S CUP SHOCK

In a surprise announcement released just over one hour ago, The New York Supreme Court decided by a 3-2 majority that the Spanish Challenge from CNEV in July 2007 was valid after all. The surprise is that most observers had assumed that BMW Oracle were the accepted challengers and that a ‘Grudge Match’ between Oracle and Cup-holders Alinghi would take place in 90ft catamarans. The only questions appeared to be where? and when?

Desafio Espanol chief Augustin Zulueta told The Associated Press: "We're very hopeful that this means an end to this long process and that it will allow all of the teams to race the next America's Cup at Valencia."

The Court also gave CNEV 10 months to prepare for the regatta, meaning that a challenge could take place in 2009 as originally scheduled.

However, this will depend on whether Golden Gate Yacht Club, home of BMW Oracle, decide to contest the appeal. Tom Ehman of GGYC said today “We are surprised and disappointed by this ruling. We will now be taking legal advice and considering the next step.”

It is hard to believe that Larry Ellison, head of BMW Oracle will allow matters to rest here. He has invested millions of dollars since last July, both in legal fees, recruiting top yachtsmen and designers, not to mention building some hugely expensive state-of-the-art catamarans.

We will be back with more news as things happen and look for more news here

Mike O’Neill

Formula One - Hamilton's Flawless Performance at Hockenheim

The rain held off today at Hockenheim and, with a moderate 22ºC temperature and a light breeze, conditions were perfect for what turned out to be a defining race in this year’s championship. Lewis Hamilton cast aside doubts following his erratic early season behaviour to turn in a flawless performance.
more here

Formula One The German Grand Prix

The German Grand Prix returns to Hockenheim after a year’s absence while the circuit was being up-graded.
Conditions during qualifying threatened a repeat of Silverstone but, apart from an early cloudburst, the track allowed some fast times. Fastest of all was Lewis Hamilton, who beat Felipe Massa to pole with a stunning lap, backed up by team mate Heikki Kovaleinen in third. more here