With the America's Cup seemingly helplessly embroiled in courtroom bickering and semantics, a surprise move by TEAMORIGIN has proposed a 'third way'.
The team have proposed their candidacy as challenger of record, to negotiate a protocol agreeable to all & based upon the original AC33 proposal, with the final to take place in Valencia in 2011.
The action is an attempt to provide a means for Société Nautique de Genève (SNG) and Golden Gate Yacht Club (GGYC) to end hostilities long before any protracted New York Supreme Court resolution, while affording both sides a face-saving opportunity.
With all parties claiming to have the cup's best interests at heart, it's an opportunity to prove the purity of their intent; at the same time, to disregard such opportunity may well once and for all reveal non-sporting motivation behind current activities; the ball is (as is so often the case) firmly in SNG's & GGYC's respective courts, pardon the pun.
The Afterguard believes that the opportunity to see a broad field compete for a 33rd America's Cup can only now be achieved by compromise, and although far from perfect, this TEAMORIGIN assertion will once and for all answer the question 'is it really for the sake of the sport?'. Can either party, subject to current court scrutiny, afford to disregard a viable alternative? Certainly TEAMORIGIN have now been seen to propose a solution with guidance from former ACM-man Marcus Hutchinson, TEAMORIGIN's Director of External Affairs & Communications - a man ideally qualified to know which bullet Ernesto Bertarelli might bite.
TEAMORIGIN's statement in full (also here)
TEAMORIGIN and the Royal Thames propose a "Third Way"
Tuesday, 22 January 2008
On 9th January this year TEAMORIGIN, with the Royal Thames Yacht Club (RTYC), lodged a Deed of Gift (DOG) Challenge with the Société Nautique de Genève (SNG). It called for a Match in 2011 in Valencia to be sailed in AC90 yachts and it outlined their willingness to consider a mutual consent match with a protocol along similar lines to the one signed in July last year.
The RTYC’s most recent challenge was lodged in anticipation of a potential vacuum occurring should the currently disputed Golden Gate Yacht Club’s (GGYC) DOG Challenge be found lacking by the New York Supreme Court’s Judge Cahn. SNG’s motion to reargue and renew points about the validity of GGYC’s DOG Challenge, part of the legal dispute that has dogged the America’s Cup since July 2007, was due to be heard on 14th January of this year, along with argument on settling the order arising from the judgment of 27th November. On 14th January however Judge Cahn further postponed the hearing to Wednesday 23rd January.
Accompanying the RTYC’s DOG Challenge documents was a covering letter from TEAMORIGIN to Ernesto Bertarelli, syndicate head of Alinghi and Pierre-Yves Firmenich, President of the SNG, signed by Sir Keith Mills, TEAMORIGIN Principal. In it he wrote:
“…we envisage discussing with you and hopefully agreeing alternative arrangements by mutual consent as contemplated in the Deed of Gift. Our intention would be to agree a Protocol and associated documents along similar lines to the ones negotiated with Challengers between July and November 2007.”
“We are in favour of your original philosophy for the 33rd America’s Cup, the pillars of which came through clearly in the July 2007 Protocol, namely a mutual consent regatta, based in Valencia, with pre-regattas and sensible cost containment…”.
The delay in Judge Cahn’s deliberations last week has opened up a second potential benefit from the RTYC’s new challenge. It could now also help secure a new trial protocol with the Swiss Defender that is sufficiently satisfactory to the GGYC for the American club to be sufficiently comfortable to drop its challenge, making way for the RTYC to become the Challenger of Record. This should result in the avoidance of the inevitable appeals threatened by both sides should they lose in the current litigation. It should also negate the need for a DOG Match some time this year or next, with the serious complications that the potential of such an event is starting to bring to light.
By following the lead proposed by TEAMORIGIN and the RTYC the GGYC and the SNG have a real opportunity to reach a successful conclusion to the current situation, stop building yachts for a DOG Match, avoid further litigation and allow stability to return to the world of the America’s Cup - something that would benefit all prospective challengers and the sport as a whole.
To ignore this opportunity would result in further untold damage and could lead to a potentially hollow victory, completely debasing the value of the America’s Cup as the pinnacle of the sport of sailing and stunting its ability to further develop in the future.
“We believe that a real window of opportunity exists to end this situation positively and quickly. And so we call on the GGYC and the SNG to take this new opportunity seriously and work with us on a new protocol for an America’s Cup in 2011 in the exciting new AC90 class,” concluded Sir Keith.
Ends.
Royal Thames Yacht Club notice of challenge may be downloaded here.
Tuesday, 22 January 2008
TEAMORIGIN challenge America's Cup factions to state their motivation - court or sport?
Tuesday, 18 December 2007
The Afterguard: TEAMORIGIN Batten Down The Hatches
TEAMORIGIN this afternoon acknowledged that no multiple-challenger America's Cup competition is likely to take place before 2011.
Careful to temper language when reflecting on the shambolic state of mismanagement that the America's Cup is in, there is little doubting the disappointment behind the team principle's pledge to try to keep TEAMORIGIN together over the next four years.
Having witnessed the effort that has gone into generating the cohesion and ambition driving all members of TEAMORIGIN, The Afterguard wishes to extend its best wishes to all concerned for the future.
The team's latest release (here) reproduced in full:
TEAMORIGIN Aims For 2011
TEAMORIGIN, Britain’s Challenge for the America’s Cup, is modifying its plans to aim for competition in 2011. Originally planned for 2009 this date is now seen as the most likely date for an America’s Cup event with multiple challengers.
“Over the past 12 months Team Director Mike Sanderson and I have assembled what we believe to be an incredibly strong team in TEAMORIGIN. Today that team is made up of over 100 people and numbers amongst them the best sailors, designers and shore side management in the business. With the work accomplished so far we were on track to race the new AC90 class competitively for the America’s Cup in 2009. However, our assessment now is that a 2009 America’s Cup Match that TEAMORIGIN could compete in is extremely unlikely and that 2011 is now the most likely timing for the next America’s Cup with multiple challengers,” explained Team Principal Sir Keith Mills.
Certain members of the team have less of a rush on their hands now in terms of getting racing yachts ready for a competition in Valencia originally scheduled for 18 months from now.
“Up until today the design team, run by Juan Kouyoumdjian, Andy Claughton and Mickey Ickert, had been working flat out to design the first of the team’s AC-90 yachts.
TEAMORIGIN’s shore crew and boat builders had been making all arrangements to build this boat in time for a June 2008 launch in Valencia. We now see a longer period ahead of us before a race-ready yacht is required and so have taken this opportunity to change our approach. To keep these original plans in place now would be wasteful and as a result TEAMORIGIN is lowering its current level of activity and re-focusing on planning for a 2011 event. The team is however always prepared for any eventuality and it has the flexibility to quickly escalate the programme and plans in case the America’s Cup situation changes again,” said Team Director Mike Sanderson.
When Sir Keith Mills first announced his intentions to challenge for the America’s Cup 11 months ago it was without knowing the dates, venue or format of the first event a British team could race in. Although initially expecting to be able to race in the 33rd America’s Cup, announced in July of this year to be run in 2009, the ongoing litigation between the Swiss Defender and San Francisco’s Golden Gate Yacht Club has brought into question the dates and format of the next event.
“The greatest thing that I found have about TEAMORIGIN during its formative months has been the spirit in which a really strong and competitive team has been created. We have an incredible array of motivated talent in this team, people who want to do this for the right reasons. Although, through lack of an event, we have to slow down now in our preparations I know that when the time comes this team will regroup and come out even stronger,” said TEAMORIGIN’s skipper Ben Ainslie OBE.
“I remain totally committed to the America’s Cup and to maintaining the competitive advantage that TEAMORIGIN has built,” continued Sir Keith. “But I am extremely frustrated and disappointed about the current state of affairs. What we need is clarity and I urge the Defender and Challenger of Record to reach an agreement that provides the prospective challengers like TEAMORIGIN with the certainty they need to plan future campaigns.”
“My principal goal now is to keep TEAMORIGIN together so as to be able to compete for the America’s Cup at some time in the future. Without any certainty today as to when, where and how that will be I am reluctantly forced to slow things down and stand the team down from full operational mode,” concluded Sir Keith.
Monday, 8 October 2007
TEAMORIGIN Get Off To A Winning Start
TEAMORIGIN, Great Britain's entry for the 33rd America's Cup have signalled their intent by winning their first competitive challenge - The Grade 1 ISAF Trapani Cento Cup.
TEAMORIGIN Press Release (8-10-07):
TEAMORIGIN wins Trapani Cento Cup
TEAMORIGIN, Britain’s Challenge for the 33rd America’s Cup, competed at the Trapani Cento Cup, a Grade One ISAF Match Race Regatta in Trapani, Sicily, at the weekend and won.
Against a star-studded line-up of skippers from the last America’s Cup, including the two Danish helmsmen Jes Gram Hansen and Jesper Raddich, the Australian James Spithill and the Italian Paolo Cian, TEAMORIGIN’s Ben Ainslie, Iain Percy, Matt Cornwell and guest Gabriel Bruni competed in and won the 2007 Trapani Cento Cup. Trapani, on the extreme western tip of the Italian island of Sicily, was the site of Acts 8 & 9, a pair of build-up regattas for the last America’s Cup sailed in full size America’s Cup Class yachts in October 2005.
“This was our first international competition sailing together, our team worked well together and developed well as we went through the regatta. Sailing with Iain worked really well from a tactical point of view and this result is an important step forward for us” commented skipper Ben Ainslie.
“The conditions were pretty straight forward for the Round Robin series starting last Thursday, we sailed outside the harbour on open water. For the semis and finals at the weekend however we raced inside Trapani Harbour, which made it very shifty and really called for ‘heads-out-of-the-boat sailing’ to spot the wind,” Ainslie continued.
“Our team seemed to work well together and we won our semi final against Jes Gram Hansen (DEN) and the finals against Paolo Cian (ITA) who had beaten James Spithill (AUS) in their semi final, both 2-0.”
“I am particularly pleased with this regatta not only because the team won, which is great, but because Ben and Iain worked really well together tactically. This is an important signal for TEAMORIGIN’s future. We are a new team with experienced people coming from different backgrounds. This first test of getting this small but important part of the team working together has gone well,” concluded Team Director Mike Sanderson.
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.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...
Monday, 17 September 2007
33rd America's Cup: TEAMORIGIN Releases Video Report on Crew Launch Event
TEAMORIGIN have made available further video coverage of Friday's team introductions at the Southampton Boat Show.
The 3 minute clip includes on-board shots of the team sailing GBR75 on what appears to be the Solent recently.
The Afterguard will return to the team introduction in due course with a gallery of stills and moving images marking the event.
Friday, 14 September 2007
TEAMORIGIN's Official Presentation Release & Video
TEAMORIGIN presents its line-up
Sir Keith Mills and Mike Sanderson presented the sailing, design, shore and management teams at the core of TEAMORIGIN, Britain’s challenge for the 33rd America’s Cup.
At the Southampton International Boat Show today TEAMORIGIN’s Sir Keith Mills and Mike Sanderson, Team Principal and Team Director respectively, announced a roll call of British and international sailing, design, boatbuilding and management talent. This group will take TEAMORIGIN towards its ultimate goal of winning the America’s Cup, the oldest sporting trophy in the world, sailing’s Holy Grail and the only major sports trophy Britain has yet to win.
“This is a British challenge. At least 50% of our team is British. The funding is British, the flag is British, the race boats will be built in Britain, GBR will appear on the mainsail of every one of our racing yachts,” said Sir Keith.
TEAMORIGIN is a new team, but 70% of the line-up have previous America’s Cup experience at the highest level. Four members of the team are past America’s Cup winners, five are round the world race winners and two are recent Olympic gold medallists. Ten countries are currently represented and more than half of the team is British-born.
“This is a modern team, diverse in its origins but already solidly thinking as one group with one aim - to ultimately win the America’s Cup for Britain,” explained Team Director Mike Sanderson.
Britain’s Challenge for the next America’s Cup will be led on the water by triple Olympic medallist Ben Ainslie OBE.
“This is a fantastic challenge and I am really honoured to be in the position of leading a sailing team which I believe has the ability to go out and win the America’s Cup. We now all need to get on with the huge amount of work that lies ahead of us,” said Skipper Ben Ainslie.
Sailing, a mechanised sport, and the America’s Cup, a design and technology-led competition, means that TEAMORIGIN will require a powerful and experienced design office. This will be lead by Briton Andy Claughton, Argentinean Juan Kouyoumdjian, and German Mickey Ickert, all highly experienced with complimentary talents in the refined fields of America’s Cup yacht design.
“I’ve been involved in designing and testing America’s Cup yachts since the 1980s, a period which has spanned three different types of yacht, five different venues and many different teams. Heading into a new era involving a fourth new class, but this time for a powerful British team, is really stimulating for me personally,” said Design Co-ordinator Andrew Claughton.
To be held in 2009 in Valencia, Spain, preparations for the 33rd America’s Cup are picking up pace around the world and a huge amount of interest in TEAMORIGIN’s make-up will be expressed by the five other teams currently entered.
“I’m particularly excited that we have been able to recruit the people to tackle the task. I believe that with the group presented today TEAMORIGIN has the talent resources necessary to design, sail, maintain and manage a world class America’s Cup team,” said Sir Keith.
TEAMORIGIN is a commercially-led team and one that will run on a mixture of private and sponsor funding.
“I’m also happy to announce that Charles Dunstone has decided to join me as a partner in financing this project, something that I believe lends enormous credibility to the seriousness of this campaign.”
As a keen amateur sailor and one of Britain’s leading businessmen Charles Dunstone has a strong personal interest in TEAMORIGIN as many members of his crew from previous campaigns have joined the team.
“I believe it is really important that Great Britain, the origin of the Cup, is represented competitively at this level. I believe that with the team that Keith and Mike have put together we can win. Consequently I have decided to lend my full personal support,” explained Charles Dunstone.
“The modern European America’s Cup competition has created an opportunity that hasn’t existed before. It is now possible to run a commercially viable team at this level. We have the best design, sailing, financial and management talent of a generation available to us. Never before has a British team had all the ingredients necessary for success at the same time. As a result we can compete at the America’s Cup in a manner that no previous British challenge has done before,” concluded Sir Keith.
--Ends--
The Afterguard: TEAMORIGIN Mean Business
Firstly, apologies to our readers - technology has cramped The Afterguard's style somewhat (we were unable to blog live from the show floor), and by now what we have to report will likely be general knowledge... However, few will have reported the team's vital statistics within touching distance of GBR75, so we'll press on regardless...
The Team presented to the world today left The Afterguard in no doubt of the serious intent within TEAMORIGIN. While personal preferences many vary, nobody could honestly deny that TEAMORIGIN have assembled a great team; the deck crew boast the experience of over 35 previous America's Cup campaigns, the design team over 20; & that's without considering experience of other sailing competitions. There's a strong British contingent, along with compatriots of the Team Director. Of obvious benefit is the cohesion present - many of the crew have sailed and worked together, most notably a number of the ABN-Amro team with which Mike Sanderson enjoyed such success.
The biggest surprise of the day came not with regard to crew - Sir Keith Mills has an Investor/Partner, Charles Dunstone of the Carphone Warehouse. This bolsters the financial foundations of TEAMORIGIN, making this no longer a single-benefactor operation. No announcements were made regarding official sponsors, but that isn't surprising considering the current legal status of the 33rd Cup. No doubt Charles' input will ensure a smooth ride for the team during the continuing financial odyssey while his enthusiasm for sailing will be welcomed.
Ben Ainslie is confirmed as Helmsman for the team. We spoke briefly with Ben at the show who confirmed that his TEAMORIGIN and Olympics commitments required very exacting organisation in 2008; more than his words, his focus & determination was palpable and might well explain at least some of his success on the water. We look forward to watching him help develop the TEAMORIGIN challenge.
Overall there was a strong sense of relief from the principle and backroom members of TEAMORIGIN that their component parts had now been publicly identified, and that the project was no longer a plan, but flesh and bones; almost as entertaining as watching GBR75 reaching furiously on the waters of Southampton was to watch the emotion the sight generated amongst the shore crew present - a lot had obviously been put into this day, and the team can feel justifiably proud of their performance; of course everything has yet to be achieved in competition, but they're off and running.
We at The Afterguard have frequently questioned the 33rd Protocol's issue concerning the Defender's inclusion in the challenger series; Former ACM man, Marcus Hutchinson (TEAMORIGIN's Director of External Affairs & Communications) advised us to carefully consider the implications of not just clause 11 (concerning the challenger regattas), but also the ambiguity contained within clause 12 (covering the 'defender series') leaving us with a final tantalising comment, "Watch this space".
Andy Claughton confirmed that he would be flying to Valencia for a September 15th meeting concerning the new boat class, and was keen to see what was open to negotiation and how large the design box would be; of particular concern to him was the need to refine the design's incorporation of a sliding keel in the 12 months or so given to getting the 90' vessel sailing.
We were delighted that Sir Keith himself had a few moments to spare for us, during which he reflected with pride on the team he had assembled to undertake the challenges ahead; when asked to choose to define himself as either a hands-on or hands-off team principle, Sir Keith defined himself as the former, reflecting that he had selected talented individuals to concern themselves with the day to day running of things, while he was on hand to provide direction and support in any way he could.
Sir Keith Mills, Ben Ainslie, Charles Dunstone, Mike Sanderson
Key Personnel
Team Principle: Sir Keith Mills - GBR
Partner & Investor: Charles Dunstone - GBR
Team Director: Mike Sanderson - NZL
Sailing Team
Helmsman: Ben Ainslie - GBR (prev. Emirates Team New Zealand [2004], One World Challenge [2000])
Tactician: Iain Percy - GBR (prev. +39)
Strategist/Traveller: Rob Greenhalgh - GBR (Prev. ABN-Amro)
Navigator: Ian Moore - GBR (prev. Emirates Team New Zealand)
Aft Grinder/Strategist: Andrew Simpson - GBR (Prev. +39)
Mainsheet Trimmer: Neal McDonald - GBR (Prev. Victory Challenge [2007], GBR Challenge [2003], Sydney 95 [1993]).
Trimmer: Robbie Naismith -NZL (Prev. BMW Oracle Racing [2007/2003], Team New Zealand [2000/1995], New Zealand Challenge [1992])
Grinder:
Chris Brittle - GBR (Prev. +39)
David Carr - GBR (Prev. Victory Challenge [2005], GBR Challenge [2003])
Ian Weighell - GBR (Prev. Victory Challenge [2007], GBR Challenge [2003])
Pawel Bielecki - POL (Prev. +39)
Mastman:
Julien Cressant - FRA (Prev. BMW Oracle Racing [2007], Le Defi Areva [2003], 6' SENS Le Defi [2000])
George Skuodas - GBR (Prev. Mascalzone [2007], K-Challenge [2005], GBR Challenge [2003])
Mid Bowman: Kevin Batten - NZL (Prev. BMW Oracle [2007/2003], Tag Heuer [1995], Spirit of Australia [1990])
Bowman:
Justin Slattery - IRL (Prev. K-Challenge [2004])
Matt Cornwell - GBR (Prev. Areva Challenge [2007], GBR Challenge [2003])
Boat Captain: Nick Bice - AUS (Prev. Young Australia [2000])
Design/Technical
Principle Design: Juan Kouyoumdjian - ARG, & his full office (of over 30 people) (Prev. BMW Oracle [2007], Prada [2003], Le Defi [2000/1995]; not in attendance as currently racing in the Star Europeans).
Design Coordinator: Andy Claughton - GBR (Prev. Emirates Team New Zealand)
Technical Director/Navigator: Stan Honey - USA (prev. ABN-Amro)
Aero Director: Mikey Ickert - DEU (Prev. BMW Oracle Racing)
Mast & Spars: Bruce Thompson - NZL (prev. Sparcraft)
CFD: Dr Rodrigo Azcueta - ARG
Performance VPP: Gonzalo Kouyoumdjian - ARG
Head of Structural Design: Andrea Avaldi - ITA
Shore Team
Shore Operations Director: David Duff - NZL
Head Of Boat Operations: Tim Hacket - USA
Boat Builder: Pete Britt - AUS, James Walker - GBR
Head of Tender Operations: Mike Heffer - NZL
Head of Sail Operations: Andrew Witherspoon - NZL
Sailmaker: Paul Gudgeon - GBR/NZL
Rigger: Ian Goldsworthy - GBR
Rig Components: Sid Barker - NZL
Head Chef: Henry Lynskey - NZL
Central Services
Commercial Director: Nick Masson - GBR
Director of Marketing & Events: Leslie Ryan - IRL
Director of External Affairs & Communications: Marcus Hutchinson - IRL/GBR (prev. ACM)
Account Director: Jerry Hill - GBR
Account Director: Adam Walker - GBR
Account Director: Andy Green - GBR
Head of Marketing Services: Daniel Miles - GBR
Merchandising Manager: Serena Gosling - GBR
Events Manager: Emma Ramply - GBR
Commercial Co-ordinator: Emily Jennings - GBR
Finance Director: Dermot Heffernan - GBR
Finance Controller: Diana Puketapu - NZL
HR Director: Viv Jarvis - GBR
HR Manager: Carolyn Spencer - GBR
HR Co-ordinator: Michelle Whittington - GBR
Legal Counsel: Robert Datnow - GBR
Project Manager: Martin Rust - GBR
PA to Sir Keith Mills Debbie Cavanagh - GBR
PA to Mike Sanderson: Charlotte Kootstra - HOL
Apologies to those of the 57-strong ORIGIN team we have omitted - purely down to sore thumbs! Our thanks go to the team for their hospitality.
Inset image: 'TEAMORIGIN Open The Southampton Boatshow' Photo © The Afterguard 2007
The Afterguard - Bringing Live Reports From TEAMORIGIN America's Cup Presentation At Southampton Boat Show
It's that time of year again - the roads of Southampton have been clogged with mega yachts sat precariously atop articulated lorries; hideously expensive & environmentally unfriendly temporary structures have been erected; faces have been painted, best bib & tucker pressed, speeches rehearsed... It's time to get the show on the road - the Southampton Boat Show opens today.
The Afterguard will be on hand to attend the TEAMORIGIN crew & training vessel launch, & technology allowing, we'll bring live reports from the show floor. We'll (annoyingly) overhear the questions posed to the team by the well informed & will note the responses. We'll even bring The Afterguard's instamatic (you think we're joking!) to bear on anyone willing to stand still long enough...
Check back at or shortly after 10:00 (GMT).
Wednesday, 12 September 2007
TEAMORIGIN: The Telegraph predicts Skipper Ainslie
In a short item reporting the launch of TEAMORIGIN's crew at this Friday's Southampton Boat Show, The British Daily Telegraph newspaper is predicting that Ben Ainslie will skipper.
See the report in context, Here.
who had just completed Team New Zealand commitments,
will be the skipper."
Monday, 10 September 2007
The Afterguard's America's Cup & TEAMORIGIN Weekend Roundup: 9/9/07
In what will become a regular feature of The Afterguard, we present a weekend round-up of the past week (or so's) events surrounding the America's Cup and TEAMORIGIN.
We pick up where our last recap (Here) left off:
- Fri 31/8/07 Scuttlebutt featured a Q&A session with ACM's COO Michel Hodara, who got The Afterguard's goat by failing to address the single boat in Challenger Series issue when asked. Here.
- Sat 1/9/07 Commodore of Royal New Zealand Yacht Club refutes suggestion of SNG 'deal' in GGYC affidavit. BYM Here.
- Tue 4/9/07 TEAMORIGIN gave their (supportive) position on the 33rd Protocol and ACM's actions in a statement. Here.
- Wed 5/9/07 ACM had a bit a of a wiggle on today, holding teleconferences and more. They declared that they and Alinghi were moving forward with the 33rd Protocol, and attempted to respond to much of the criticism levelled to the protocol, indicating a wish to return the America's Cup to the romance of the J-Class. Alinghi hopes BMW Oracle Racing will participate. Alinghi's Brad Butterworth answered a number of questions and got The Afterguard's goat by failing to address the single boat in Challenger Series issue when asked. Here.
- Wed 5/9/07 ACM also reported that Valencia had been officially ratified by all concerned as the venue for the 33rd America's Cup.
- Wed 5/9/07 Michel Bonnefous announced he was stepping down as CEO of ACM, remaining on board to defend against GGYC litigation.
- Wed 5/9/07 SNG's written response to GGYC's motion due to be filed.
- Wed 5/9/07 Alinghi counsel Hamish Ross (helpfully) points out many teams do not have annual regattas or aren't incorporated (meeting a stipulation of Deed of Gift), most notably Royal New Zealand Yacht Squadron (not incorporated during 5 cycles of the America's Cup).
- Thur 6/9/07 The Afterguard published its extensive analysis of the recent TEAMORIGIN statement, releasing it's goat over ACM's failure to address the single boat in Challenger Series issue when asked. Here.
- Thur 6/9/07 Also on Thursday, ACM revealed that United Internet Team Germany had been accepted as the fifth official challenger for the 33rd America's Cup, explaining the apparent delay in confirming the news to 'due diligence'. Here.
UITG: Applied: 10/8/07 Accepted: 30/8/07 (+20 days). Announced: 6/9/07 (+27 days)
TEAMORIGIN: Applied: 20/7/07 Accepted: 23/7/07 (+3 days). Announced: 23/7/07 (+3 days)
We assume due dilligence is a moveable feast? (Source: ACM website/PR) - Thur 6/9/07 Alinghi's Brad Butterworth offers explanation of conduct at Farr 40 World Championships - straight from the horse's mouth, for a change. The words 'Teacup', 'storm' and 'in a' spring to mind. BYM Here.
- Fri 7/9/07 ACM announce the appointment of respected Tom Schnackenberg as 'the class rule and competition regulations consultant for the design consultation period'. Mike Sanderson of TEAMORIGIN said by ACM to be 'satisfied'. Here.
- Fri 7/9/07 Also on Friday, the ACM appointed Arbitration Panel for the 33rd America's Cup announced its ruling on ACAP 33/01. The panel found it had the competence to rule on its own jurisdiction. CNEV's challenge is valid, and therefore entitled to challenge as COR and SNG obliged to accept. 33rd Protocol complies with Deed of Gift, with a recommendation for points 155 & 156 to be amended. This was not entirely helpful as the listed nomenclature does not correspond t the publicly published 33rd Protocol, requiring observers to await the publication of the full findings. A later update to the statement appearing on ACM's website suggested these items relate to the administration of the Arbitration Panel. We await clarification with much interest. Here.
- Fri 7/9/07 Alinghi 'delighted' CNEV is valid. Here.
- Fri 7/9/07 Salvatore Sarno of Team Shosholoza puts forward case for challenging under 33rd Protocol. Doesn't share GGYC's view - 'challenge at sea, not in the courts'. Here.
- Sat 8/9/07 The Times of London dedicated an article by Andrew Longmore on TEAMORIGIN featuring the thoughts of Mike Sanderson, looking at the forthcoming announcement of team members on Friday 14/9/07. Teasingly, the article names a number of Britain's leading design and crew talent (Ker and Claughton, but also Ainslie), as well as overseas potentials (Juan Kouyoumdjian); it also indicates that Sanderson has had little time to define new relationships, and that therefore the team might look similar to his ABN-Amro Volvo Round The World inner circle. Here.
- Sun 9/9/07 The Times might have been right with the TEAMORIGIN ABN-Amro connection - Kimball Livingston quotes Stan Honey at TEAMORIGIN. Here.
- Mon 10/9/07 Initial New York Supreme Court hearing in case of GGYC Vs. SNG before Justice Cahn.
- Mon 10/9/07 Arbitration Panel publishes ACAP 33/01 papers.
- Mon 10/9/07 Desafio Español introduces Crew.
- Thur 13/9/07 Bidding starts in the great ACM car boot sale.
- Fri 14/9/07 TEAMORIGIN introduces Crew & Design Team at Southampton Boat Show.
- Sat 15/9/07 Class V6 vessel consultation period starts.
- Wed 19/9/07 Fuxia Challenge crew apparel launch (no, really).
Friday, 7 September 2007
ACM's Appointment Of Tom Schnakenberg As New Boat Class Consultant Receives Thumbs Up From TEAMORIGIN
The ACM today announced the appointment of Tom Schnackenberg to consult on the troubled 33rd Protocol's new boat class (see ACM's website Here). Furthermore, Mike Sanderson, Team Director at TEAMORIGIN is quoted by ACM as indicating his approval and acknowledging the appointments positive impact.
The statement in full:
ACM announces Tom Schnackenberg as consultant to develop new class rule
07-09-2007--Ends--
Thursday, 6 September 2007
The Afterguard's Interpretation Of TEAMORIGIN's Statement
On Tuesday 4th September 2007, TEAMORIGIN released a statement setting out its view of issues concerning the Protocol and subsequent developments for the 33rd America's Cup; The Afterguard reproduced the release at the time in full (see Here) and promised to return with its take on the statement.
Setting out our stall
Firstly, its only right that The Afterguard nails its colours to the mast and defines its own perspective, pre-protocol:
The Afterguard exists due to a passion for the exhilaration of watching great yacht racing, and a respect for the standards required and upheld by crews in the America's Cup; as a British site, the historic significance is appealing to us also. It's of great embarrassment to those in Great Britain who care that the Cup, initially contested in this country, has never been held by a British team; the reasons for this have been many and varied over the course of time, but even the most critical would (hopefully) concede that this fact does not truly reflect our nation's history and undeniable connection to the sea - recent results in Olympic trials in China are, we would like to think, more representative of our standards of seamanship.
With this in mind, we acknowledge that we are unashamedly and unapologetically 'pro' any British organisation that seeks to address this anomaly by challenging for the cup - and this time around it has fallen to TEAMORIGIN. We support this new team fully, but hope that in the best of British character, we are seen to remain fair and balanced - and supportive of all good sport, regardless of the nationalities concerned. We would like to think that we wouldn't flinch from calling any team representing our nation to task if it failed to uphold the sportsmanship and sense of fair play we claim to hold so dear - it could be no other way.
We would also care to draw attention to TEAMORIGIN's founder, Sir Keith Mills, his background and status within the sports industry, as we believe that the statement released recently can be best understood with reference to its team principle.
Although it often appears hastily thrown-together, some of The Afterguard's content is provided with good reason; take for example our profile of Sir Keith Mills (read it Here). We don't perceive Sir Keith as a dyed-in-the-wool sailor whose infectious enthusiasm for the open sea has led over many many years to his forming a 'band of brothers' to do battle for some silverware and to right the wrongs of Britain's history in the Cup. He is an undeniably enthusiastic sailor, and many envy his experience in competing and winning (as crew) the 1999 Clipper Round The World Yacht Race, or might admire his support of his Clipper crew's young skipper, Alex Thomson, but Sir Keith is no Sir Robin Knox, he's first and foremost a successful business entrepreneur.
In the business world his numerous successes outweigh any failures significantly; success in the advertising industry was followed in the world of customer loyalty programmes not once, in the guise of Air Miles, but more recently for a second time, with the UK's highly successful Nectar loyalty scheme.
Sir Keith has since taken on perhaps sport's greatest (business) challenge, mounting a successful bid to host the Olympic Games. This is a feat not of gold, silver and bronze, but of business politics of literally global proportions; and for those unaware, this was done in the face of what ranged from at best typical British indifference to at times harsh criticism and pessimism for what was generally regarded an 'outside' chance; yet the bid was successful (and for a brief while at least the British public showed its gratitude).
Don't be misled into thinking an Olympics bid is all about ensuring the right running-track surface; the Olympics is unique in presenting a huge civil development programme undertaken on a uniquely short time scale, incorporating urban development, transportation infrastructure building, renewal and regeneration, sponsorship, fundraising and much much more. Sir Keith has been busy over the last 3 or 4 years changing the face of large parts of the city of London in a way which will affect generations to come. To get national & local government & officials representing dozens of foreign organisations to reach consensus, to pander to or otherwise meet the disparate requirements of IOC officials and other organisations, takes a particular and well-honed set of skills - the ability to build a team around himself to share the burden, a diplomacy to soothe away the concerns of others and an ability 'to cut through numerous layers of crap' (our choice of words) to get things done, amongst them. Sir Keith, while a diplomat, is no shrinking violet, and appears to face harsh criticism well, whether from a disaffected UK public in relation to the 2012 Olympics, or as recently as in the last two weeks when not always acting to dampen media speculation over board decisions (or not) concerning team manager Martin Jol at Tottenham Hotspur Football Club, where Sir Keith is a non-executive Director (Note for US readers: a top 5 UK team in the sport of Soccer - our national obsession which faces media scrutiny and criticism like no other).
He may have established an enviable reputation in the sports industry, but Sir Keith remains a business man first and foremost; he makes no apology for the impact of money on sport, and this is clear in the way he deals forthrightly with public criticism of the status quo during a recently broadcast BBC TV transmission (follow our story Here to watch the programme stream - further evidence of method in The Afterguard's madness). There's much to be learned from watching Sir Keith's defence of the impact of big business on sport.
When The Afterguard set out to follow the fortunes of Sir Keith's TEAMORIGIN, we were under no illusion that the team's founder sought to be the next Dame Ellen; his aspirations likely sit more akin to that of F1's Bernie Ecclestone; Sir Keith sees much sport in terms of large scale revenue-generating extravaganzas, and if there's some urban development to be undertaken, so much the better. Bernie builds race tracks, Sir Keith builds Olympic Villages and aspires to build America's Cup ports. Funnily enough, Bernie just bought Queens Park Rangers (along with Renault F1's Flavio Briatore), another UK soccer team. Neither men are strangers to seeking to control the finances of sports.
What does distinguish Sir Keith from Bernie, as it distinguishes TEAMORIGIN from teams such as Alinghi and BMW Oracle Racing, is financial resource. Our investigations suggest a net worth of approximately £200 Million; Sir Keith himself has admitted the figure is 'North of £100 Million' although he states he doesn't know where others get their figures from. We hope Sir Keith will forgive us for pointing out that this is a significantly less than the billions attributed to Bertarelli, Ellison or indeed Ecclestone. And a net worth of £200 Million means much less liquidity, cash ready to dedicate to crew salaries, boat design and marketing campaigns.
We suspect that behind Sir Keith's every movement and utterance is an understanding of the implications to his team's financial well being. If all this focus on finance dismays some, let's not forget this team has yet to officially announce more than Mike Sanderson as Team Director - the time for sailing talk is still to come. TEAMORIGIN has a number of purposes; to win the Auld Mug, yes, but also in doing so to seize the spoils that it entails. Sir Keith is an entrepreneur let us not forget.
The Afterguard believes that with this perspective on the background and motivations behind the formation of TEAMORIGIN, the reasoning behind the team's early challenge and supportive stance towards ACM is largely self-explanatory.
Picking Our Way
It is The Afterguard's opinion (nothing more) that the recent statement represents the team principle's take on affairs, and were we given the opportunity, we might précis it thus: Cut the crap guys, it's only sailing; us little guys can't afford to stand around while you two rut; let's put a show on and keep the America's Cup on the road. It's probably just as well we haven't been afforded the opportunity.
The recent statement from TEAMORIGIN sets out the agenda for the Team Member Introduction at the start of the Southampton Boatshow in a little over a week's time; it's a prime opportunity for the newly-formed team to grab some headlines, talk the talk and catch the eye of potential sponsors; any already on board will provide a furrowed brow or two to soothe over recent headlines - in other words, not the time for the Cup to be dragged through the mud in court.
The statement is complementary of ACM's conduct in the 32nd America's Cup (cutting through the afore-mentioned 'mud', it played well to the media, provided great sport and made money; not much to complain about there). It speaks often of 'commercially viable', 'formats', 'modernisation', 'hospitality and sponsor programmes' - not much disguising of a businessman who knows how to run a successful bid to stage the Olympic Games. Sailing fans were probably not the team's first thought as they composed their statement.
If anyone reading the statement was shocked to read of TEAMORIGIN's support for ACM, then they clearly didn't see the ACM/TEAMORIGIN release of 23rd July 2007, when the team's challenge was officially accepted. If you don't agree, you don't sign up. If you sign up, you don't disagree. This is pretty simple logic really.
What did raise the odd Afterguard eyebrow was the statement's calling of BMW Oracle Racing and the urging of GGYC and the team to withdraw their suit. But TEAMORIGIN has backed ACM all along, and the court case is bad for business; especially for (but not restricted to) a new team with (relatively) limited funding and a need to risk-manage potential sources of sponsorship.
TEAMORIGIN see ACM's side of the COR debacle. The Afterguard see this as a row over semantics; it's not ideal, but it's true that Desafio Espanol is hardly a bolt from the blue, and haven't we become used to the Iberian - or should we say 'Valencian' - way of these things happening? So sometimes a little magic keeps the various parties singing from the same hymn sheet. Salt Lake City anyone?
We'll break cover for just a brief moment at this point. Changes to protocol had been intended for a number of years, according to recent ACM statements. Valencia for the 33rd was a badly kept secret (though Spanish politics kept it at least in the balance for a while). We doubt it was difficult not to foresee a CNEV-like requirement. It says little for the great minds involved that a little more smoke and mirrors couldn't have been applied to make this all run more smoothly. It's a costly oversight for all involved (not least to The Afterguard's keyboard!).
TEAMORIGIN claim to have been treated fairly by ACM and from their perspective they see the organisation to have acted properly. Well they would, having been accepted as challengers. BMW Oracle Racing provide an alternative opinion, and we see how it appears to each party. We'll let the judge decide if BMW Oracle Racing's case is proven.
As to boats, well... The situation has changed since the Protocol's introduction. Those on board are now promised influence over decisions; those who refuse to play along can't expect to be asked to contribute; it's not squeeky-clean, and that's regrettable, but TEAMORIGIN express they are content with the situation. They challenged. They would. There's nothing inherently wrong or indeed surprising in that.
The Afterguard does struggle with the interpretation presented by TEAMORIGIN when it comes to, in our opinion, the most contentious aspect of the original protocol; the impact of the 'one boat per team' limitation on the 'series' to determine the final challenger. We understand TEAMORIGIN's enthusiasm to limit costs by employing enough people to crew only one boat, and can see how that might help all budget-concious teams, and perhaps level the playing field (slightly).
We also understand that with such a restriction, the Defender is entitled to wish not to be disadvantaged by such a rule, and so must seek a means of racing against challengers. But we have now read the same question regarding the potential for unfair elimination (and more) posed several times, and each official answer says to us 'we have no answer'. We say there is no fair one boat proposition on the table, and we are struggling to understand why any of the officially challenging teams to date would accept this, TEAMORIGIN included.
The TEAMORIGIN statement includes:
It allows for regular official racing to be run in Valencia. Teams may race their opponents in practice whilst simultaneously running parallel hospitality and sponsor programmes.
Okay, revenue-generating opportunities duly recognised. Pre-regattas, a challenger series, America's Cup On Ice, whatever - spectacle is good.
But UITG/Desafio/ETNZ/Shosholoza/TEAMORIGIN, you've each agreed to participate in qualifying heats where you'll face the hot favourite, who you can't beat by winning, who can eliminate you by racing well, and can inadvertently allow your opponents to progress (possibly at your expense) through the competition if the defenders have a bad day. As Queen Victoria came to know only too well, 'there is no second' in the America's Cup. Have we (and many other commentators) missed something fundamental here?
The sport for example?
Our only hope is that the temperately-natured Michel Hodara was thinking about this specifically when he referred to the possibility that the 33rd Protocol might have been too short and simple (read our coverage Here). Otherwise, we feel all the fuss over 'sham' CORs is nothing in comparison to the apparent taking of a major sporting event and turning it into little more than a pot-luck duck shoot. Every time ACM explain the situation as the only route to a fair chance for the defender, we hear 'one boat can't work fairly for all'. Read our coverage of the 'non-answer' to the same question posed Here & Here. Oh, and Here also. Oh, and we even got to ask the question ourselves out of sheer exasperation Here (we're awaiting any 'official' response but aren't about to suffocate ourselves). As is so often the case, it appears to be not what's said, but what's not said. Again and again. Would somebody please answer the question ASKED and tell us it isn't so? We don't for a moment believe a few commentators on the web have seen something none of the challenging teams have identified, so at least on behalf of The Afterguard, would someone please explain where we're going wrong in our Protocol interpretation?
A Net Cast Further Afield
While The Afterguard is on a roll and breaking normal diplomatic cover and causing offence all round, we must just comment on conduct at the recent Farr 40 World Championships in Copenhagen. We're largely dependent upon the insightful pen of Stuart Alexander, via his wonderful BootsnBoats blog, for a story about conduct (all round) that appears worthy of the playground.
The Afterguard must make it clear that we have the utmost respect for Tom Ehman and believe him to be of unquestionable integrity, but as a litigant against SNG on behalf of GGYC, we are perplexed at his continued stewardship of the Farr 40 World's jury, a competition in which the defendant in his action (Alinghi) was participating. Wouldn't the right thing for the organisers to do have been to suggest that the foreman of the jury step aside having recognised not a likelihood of a conflict of interests coming into play, but the mere possibility that there could be one? It surely wouldn't have been considered a slight whatsoever on Tom to recognise the difficult position he was placed in, and such action would certainly have been understandable. The next thing we hear is that Alinghi, having finished second, did not participate in the prize-giving. We don't yet know Alinghi's explanation for such behaviour, but in view of the only circumstances we can imagine to justify their actions, we send them our good wishes and hope that everyone is ok.
No Offence Intended
We would like to make it clear that we wish nobody ill, that we hope to be seen as fair and balanced, irrespective of our support of one team or another. We love the sport of sailing, we wish to show our respect to all who contribute to it, be it out on the course during the best of times, or when struggling for reconciliation or to uphold fair play during the worst of times. have we excused too many sins? Possibly, but we've grown accustomed to champions mounting a spirited defence. Unless someone wishes to tackle a 21st century rewrite of the Deed of Gift, we should all probably get used to it.
We hope we have the measure of TEAMORIGIN's recent statement when we attempt to echo its perceived sentiment - 'lets go sailing'. To that end, we look forward to TEAMORIGIN's forthcoming crew presentation, when both the team's focus and our own can at last turn to what happens at sea, and the finances can take care of themselves.
Tuesday, 4 September 2007
TEAMORIGIN Respond to Controversy Surrounding 33rd Protocol
Following recent developments concerning the Protocol released for the 33rd America's Cup and the resulting legal action taken, The Afterguard (no doubt amongst many others) approached the newest officially recognised America's Cup team for their feelings on the situation and the role that The Royal Thames Yacht club might have played in negotiations. We are extremely grateful to the team who have made the following statement public, reproduced in full, in response. We will return in due course with further analysis of the situation but wished to bring the statement to public attention as soon as possible.
This statement may also be read in full, on TEAMORIGIN's website, here.
TEAMORIGIN is to open the Southampton Boat Show and present team members next week. Beforehand, it takes the opportunity to state its position on the Challenger of Record question.
Sir Keith Mills and Mike Sanderson, Team Principal and Team Director respectively of TEAMORIGIN, Britain’s challenge for the 33rd America’s Cup, will officially open the Southampton International Boat Show at 11:00 on Friday 14th September. Following the ‘Opening’ formalities TEAMORIGIN will present key new additions to sailing, shore and design teams.
Before this important milestone TEAMORIGIN considered it important to put on the record why it has challenged under what one prospective team has called an invalid Protocol.
A combination of ingredients including Britain’s current depth of talent in all areas of competition sailing and the AC Management (ACM) model of a commercially viable America’s Cup event format means that a unique opportunity for a British challenge to be successful at this level has been created.
“ACM ran a fantastic event this Spring, not only from a sports and entertainment point of view but also by setting the standards on a number of non-sports aspects placing the America’s Cup firmly in the 21st century, in amongst the most important sporting competitions in the world today. Alinghi and ACM should be complimented on running an event in Valencia that has had a massively positive impact not only on the America’s Cup but the sport of sailing as a whole,” comments Sir Keith Mills.
With Alinghi’s victory in July a new Challenger of Record (COR), the Club Náutico Español de Vela (CNEV), was announced and a Protocol governing the 33rd America’s Cup published. The contents came as a bit of a shock for some potential challengers but for TEAMORIGIN it was a clear statement of intent about ACM’s continuing modernisation of the America’s Cup.
“We do not believe that the new Protocol will have a negative impact on the future of the America’s Cup. To the contrary we believe it provides a platform for further growth and some real opportunities for those who decide to challenge,” continues Sir Keith.
TEAMORIGIN believes the Protocol is good for challengers, especially new teams because:
- Of the introduction of a new America’s Cup Class, a new 90 ft yacht, giving every challenger an equal opportunity to start the design process at the same time.
- It prohibits two-boat testing which will reduce costs. New techniques will be developed to refine existing and new yachts, opening up a level playing field for new challengers.
- It allows for regular official racing to be run in Valencia. Teams may race their opponents in practice whilst simultaneously running parallel hospitality and sponsor programmes.
TEAMORIGIN and the Royal Thames Yacht Club were therefore pleased and confident in becoming a strong challenger and sporting example during the 33rd America’s Cup, and officially challenged Defender Alinghi’s club, the Société Nautique de Genève (SNG), on 23rd July.
TEAMORIGIN is now one of four challengers having joined the Spanish Desafio Español (COR), Team Shosholoza of South Africa and Emirates Team New Zealand.
In all of TEAMORIGIN’s dealings with ACM the event authority has acted quickly and constructively. In particular it:
- Announced the Host City as Valencia within three weeks of becoming the organising authority and set the date for the 33rd America’s Cup for July 2009.
- Invited challengers to participate in a series of meetings to define the new Class Rule, the first of which will be held in mid-September with the final rule being published by 31st October.
- Put in place the three-member Arbitration Panel, two members of which were members of the International Jury of the 32nd America’s Cup.
Unfortunately in late July the GGYC, a challenger of the 31st and 32nd America’s Cup represented by BMW Oracle Racing, disputed the legitimacy of the CNEV’s status as a bone fide yacht club as defined in the America’s Cup Deed of Gift and as a result filed a lawsuit in the New York Supreme Court.
TEAMORIGIN’s position on this is clear. The elements specifically defining a yacht club’s status according to the Deed of Gift are clearly stated: “Any organized Yacht Club of a foreign country, incorporated, patented, or licensed by the legislature, admiralty, or other executive department, having for its annual regatta an ocean water course on the sea, or on an arm of the sea, or one which combines both, shall always be entitled to the right of sailing a match of this Cup…”.
The CNEV is recognised by the Real Federación Español de Vela, the Royal Spanish Sailing Federation (RFEV) and that club will hold a regatta on the sea before the end of 2007.
TEAMORIGIN therefore recognises the legitimacy of the COR and hence the Protocol and is mounting its challenge operations for the 33rd America’s Cup based on this Protocol.
“We accept the validity of the Protocol and believe that it fundamentally allows challenging teams a fair opportunity to compete in the America’s Cup. I urge the GGYC and BMW Oracle Racing to withdraw their lawsuits and spurious challenge, which can only damage the reputation of the America’s Cup. I would like to see BMW Oracle submit a proper challenge alongside the four teams that have already challenged so that we can start competing on the water not the court room,” concludes Sir Keith.
--Ends--
