Thursday, 4 October 2007

The Afterguard - 33rd America's Cup In Disarray

The Afterguard turns its back for 5 minutes & the entire world seems to go stark raving mad...

Allegedly, Alinghi's Simon Daubney has tested positive for traces of cocaine, and if true, money's power to corrupt in sport is yet again proven... [Source: NZ Herald]

The billionaire's boys club stage a short-lived love-in (by phone), yet while both parties sound increasingly anxious to avoid the car crash they've both contributed to, they remain on course to inflict mortal wounds not on each other so much, but on the Auld Mug itself. [Source: The Telegraph/GGYC]

ACM survey the rising tide:

ACM to reassess the feasibility of the America’s Cup in Valencia in 2009 03-10-2007

As a consequence of the uncertainty and the delays arising from the Golden Gate Yacht Club Law suit in New York, AC Management (ACM) is concerned that the feasibility of organising the next America’s Cup in Valencia in 2009 has been effectively compromised.

ACM will in the coming days engage in consultations with the Defender, the Challenger of Record, the Competitors and the Spanish Authorities on this specific matter.

ACM is considering all options, including the possibility of postponing the event to a later date.
In the meantime, ACM understands that SNG continues to try to find a resolution of the dispute pending with Golden Gate Yacht Club in New York.
--Ends-- [Source: ACM]

Desafio Español throws itself onto the pyre:

Statement from Desafío Español

Regarding the press release issued today by ACM in which declares its concern about the “the possibility of postponing the event to a later date”, Desafío Español states its unconditional support to the Spanish and Valencian authorities, the Defender and the Organisation of the America’s Cup.

Desafío Español understands that the organisation of a sporting event of this magnitude must be done without haste and under the best consensus atmosphere between all the parties involved.

For this reason, Desafío Español shows its conformity with the proposed conversations between ACM, the Defender, the Challenger of Record, the competitors and the Spanish Authorities in which Desafío Español will participate actively.

Desafío Español also hopes that, as a result of these conversations, the 33rd America’s Cup can be celebrated in the initially proposed dates.

Meanwhile, Desafío Español continues working towards the next edition of the America’s Cup, configuring the structure of the team and developing its plans.
--Ends-- [Source: Desafio Español]

Meanwhile TEAMORIGIN trademark themselves, no doubt praying they get the opportunity to merchandise. [Source: UK Intellectual Property Office]

So with little hope for an America's Cup before 2011, we at The Afterguard are seriously considering crawling back under our stone and enjoying another vacation... of course what all this activity really means is that a resolution will likely be found before the end of the week. Nowt so strange...

1 comment:

sailboatracer said...

Key points regarding this dispute:-

1. CNEV have defined a protocol the content of which would probably be considered as reasonably normal if CNEV were the organisers of an open regatta and they were providing a trophy for competition by yachts of a specified design.

2. However in this case, CNEV are also competing for (or to be more specific defending) the trophy through their representative Alinghi. So the ability of CNEV to define key aspects of the rules such as appointment of officials, adjudicators, eliminate the appeal processes etc completely slants the rules in their favour.

3. Neither CNEV or Alinghi own the America's Cup. Defenders of the America's Cup have to abide by a set of rules (Deed of Gift) which were laid down when the original owners of the America's Cup presented the trophy for competition.

4. Oracle through GGYC have gone to court to say that the current Challenger of Record does not comply with the requirements laid down in the Deed of Gift and hence the next America's Cup Challemge cannot go ahead until a valid Challenger of Record is appointed. If the current Challenger of Record is deemed by the New York court to be invalid than the current event protocol which they agreed with CNEV/Alinghi is also invalid.

5. Next step is a ruling from the court on the case (ie the validity of the current Challenger of Record). Focussing on the Challenger of Record issues and legal precedents would indicate that the court decision is more likely to be in favour of GGYC/BMW Oracle rather than CNEV/Alinghi.

6. There is a lot of PR and media attention relating to negotiation between CNEV and GGYC on specific items of the protocol but this overlooks the fact that there are numerous issues which are biased in favour of GGYC and which GGYC wants changed.

7. If the court rules in favour of GGYC then the options are for CNEV to proceed with the challenge as submitted by GGYC or for CNEV/Alinghi and GGYC/BMW Oracle to sit down and agree a fairer protocol, which allows the next competition to continue with the registered challengers plus more who would presumably challenge once the uncertainties are removed. The latter situation would be the best outcome which allows an exciting global event to take place building upon the excellent 2007 event in Valencia