BMW Oracle: ‘return America’s Cup 33 Match to Valencia’

“The America’s Cup is meant to be hard to win, not impossible to lose,” Russell Coutts

In the latest round of court battles with Team Alinghi, BMW Oracle’s hosts Golden Gate Yacht Club (GGYC) of San Francisco have stated:

“GGYC has served our reply brief and exhibits on SNG and filed them with the NY Court. Our latest filing is a point by point rebuttal of SNG's opposition papers to our motion asking the Court to invalidate RAK as the venue and return the AC 33 Match venue to Valencia in February, 2010. The hearing on this venue motion, and our motion for fair rules previously briefed (and papers posted below), is Tuesday, October 27, 2009 at 11am, Supreme Court of New York County, 60 Centre St., New York City.” 19 Oct 09

Team Alinghi, through their club Societe Nautique de Geneve SNG, replied:

Geneva, Switzerland - (2009-10-27)
“By filing their eighth legal action against the Defender of the America's Cup in two years, Larry Ellison and his Golden Gate Yacht Club (GGYC) have demonstrated yet again that their true intention is to win sailing's most prestigious trophy in court instead of on the water. After failing in their attempts to circumvent the terms set in the governing Deed of Gift, Ellison is now seeking to snatch the Cup from Société Nautique de Genève (SNG) with a new round of baseless allegations,” said Fred Meyer, Société Nautique de Genève Vice-Commodore. “As two-time winner of the America's Cup and organiser of what was widely considered the most successful America's Cup event ever in Valencia, Spain, in 2007, SNG and Alinghi will continue to fight for their legitimate rights in order to promote the sport of sailing around the world. We hope that GGYC will abandon this unsportsmanlike conduct and either join the competition on the waters off Ras Al Khaimah this February or let other teams who want to participate challenge for the Cup,” he concluded.

Alinghi team skipper Brad Butterworth said: “BMW Oracle should clean up their unsportsmanlike behaviour with a dose of saltwater and sunshine and challenge for the Cup on the water. Otherwise they should stand aside and let other teams compete.”

"The complaint is an affront to the America's Cup, to the UAE, to our country's relationship with an important ally, and to the judicial process. It is just a PR stunt. There is nothing in the complaint that hasn't been the subject of prior or pending legal proceedings. Basically, GGYC doesn't want to race SNG on the water after it disenfranchised 19 other clubs from competing in an elimination series and dislocated hundreds of sailors and participants in the sailing industry,” concluded lead counsel for the Société Nautique de Genève, Barry Ostrager of Simpson Thacher & Bartlett.

It is perhaps significant that, where GGYC have simply stated their intention to continue their court action, SNG used their reply to continue maligning Team BMW Oracle and questioning their motives. It would be nice to think that, following the court’s decision later today, a line can be drawn under this sorry chapter in the history of the America’s Cup..........but don’t hold your breath... If Ernesto Bertarelli can be persuaded to put the bad feelings that exist between him and Larry Ellisson to one side, Valencia would welcome both teams back with open arms.

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.

America's Cup Latest

America’s Cup Latest

As autumn takes hold here in Valencia, there comes just a glimmer of hope for an end to the 16-month long dispute between cupholders Team Alinghi and would-be challengers BMW Oracle.

Team Alinghi and their yacht club, Société Nautique de Genève (SNG) have announced that they are “taking the necessary steps to get the 33rd America’s Cup back on track” along with their chosen Challenger of Record, Club Náutico Español de Vela (CNEV) “and all challengers keen to join the competition.”

The announcement comes just weeks after Ernesto Bertarelli of Alinghi met with Larry Ellisson of BMW Oracle in San Francisco. Whether some form of agreement was reached has not yet been disclosed. However, it cannot have been a coincidence that Golden Gate Yacht Club (GGYC), Ellisson’s club, offered to end its court action immediately if SNG agreed to hold: “a conventional, multiple challenger regatta under rules similar to those that governed the event in 2007.”

A decision from the New York Supreme Court of Appeal is still awaited. For BMW Oracle to be a party to SNG’s proposal would require them to drop their legal action which disputed the validity of CNEV as the Challenger of Record. Considering the vast sums of money expended by both parties in this monumental legal wrangle, it seems unlikely that Ellisson would forego the opportunity to reverse the June decision without some fairly substantial say in the procedure leading up to the proposed regatta.

Rules for the 33rd America’s Cup would be “discussed and accepted by all those joining the competition”. If agreement can be reached by the 15 December closing date for entries, it is planned that the Cup matches would take place in Valencia (subject to final negotiations with the Spanish authorities) in 2010. Racing would be in a new class of yacht which has yet to be decided. There are also plans to have pre-regattas in 2009, using the existing America’s Cup yachts.

Let us hope this really is the end of this long-running saga and let battle re-commence on the high seas off Valencia! More news soon.........

Mike O’Neill