There
remains the Prada's case ... (08/20/02) (source
: sailingworld.com)
Last week’s long-awaited decision about OneWorld
Challenge from the America’s Cup Arbitration Panel did
not ended problems under the Protocol. Still not resolved
is the issue surrounding Prada’s hastily withdrawn lawsuit
against Oracle.
Clearly stated in the Protocol that Prada and Team New
Zealand signed prior to this America’s Cup, is the rule
that no AC team may sue another.
The penalty for such a violation is simple and extraordinarily
harsh : expulsion from the Louis Vuitton Cup.
It will be interesting to see how the Arbitration Panel
deals with this death penalty situation, which could
mean a loss of well over $90 million dollars by Prada’s
investors.
ITA
80 headed to Auckland (08/13/02) (source
: Prada)
Luna Rossa ITA 80, completed a few days at the
building yard in Grosseto, arrived today by truck at
the Galileo Galilei airport in Pisa where it has been
loaded, together with its appendages and mast, on a
cargo plane for the air lift to New Zealand.
ITA 80 is the second of the two new ACC class yachts
built by Prada Challenge for the next America's Cup
Challenge that will kick off on October first in Auckland,
New Zealand, with the start of the Louis Vuitton Cup.
The special air transport is made possible by a particular
cargo plane, an Antonov 124-100 owned by a specialized
British company, Air Foyle Heavy Lift. This giant aircraft
can carry 140 tons of cargo and has a cargo hold measuring
over 35 meters, capable of accommodating the boat and
all its parts including the 32 and a half meter mast
built in carbon fiber in one piece.
The flight takes about 36 hours and there will be a
technical stop-over in Jakarta, Indonesia.
Luna
Rossa ITA 74 Boards Ship (07/23/02) (source
: Prada)
The new Luna Rossa ITA 74 was loaded today, in
the harbor of La Spezia, on board the container ship
C/S Nobility, bound for Auckland, New Zealand. Transport
and logistics are coordinated by Saima Avandero, Official
Supplier of team Prada, customs clearance by Agenzia
Pierucci in Livorno.
The arrival of ITA 74 in New Zealand is expected within
4 - 5 weeks. Once there, the boat will start the final
phase of her preparation for the Louis Vuitton Cup races,
scheduled to get underway on October 1st.
Rivals
move to keep Prada in running (07/16/02) (source
: NZ
Herald)
Oracle BMW Racing wants the America's Cup arbitration
panel to modify cup protocol so rivals Prada won't be
disqualified.
The Italians broke cup protocol by taking Oracle to
Auckland's High Court last month, claiming they were
invading their privacy at the Viaduct Basin. Prada said
the location of Oracle's barge allowed the American
syndicate to peer into the Prada base.
But article 10.2 of the cup protocol states that any
challenger who resorts to a court or tribunal other
than the arbitration panel or a dispute body agreed
on by the Royal New Zealand Yacht Squadron and the Challenger
of Record will be in breach of the protocol.
That would make Prada ineligible to challenge for the
cup against Team New Zealand, should they win the Louis
Vuitton Challenger series starting October 1.
Prada have since withdrawn the court action "in the
interest of the event".
Oracle's submission with the arbitration panel stands,
but they have recommended that the article be adjusted
and that, instead of being ineligible to challenge,
Prada should be penalised as seen fit by the panel.
Oracle would not comment on the matter yesterday.
A
intelligent way out in Oracle vs Prada ? (07/15/02) (source
: Scuttlebutt)
The America's Protocol specifies only one penalty
for a breach of Article 10 - Automatic Ineligibility.
And there seems little doubt that Prada breached Article
10 when they filed a lawsuit concerning Oracle BMW Racing's
barge. Their subsequent withdrawal of that lawsuit does
not seem to negate that breach.
In the latest development, Oracle BMW has just gone
record with the America's Cup Arbitration Panel that
they do not wish to see Prada banished from the event,
"except by their losing on the water to a superior team."
They've stated that while Prada's breach is serious
and one which should not go unpenalized, "the sailing
and sporting worlds would not understand how such a
breach could result in disqualification of a team that
had spent so many years and so many millions in preparation
- and before sailing even one race."
So where do we go from here? Oracle BMW Racing has asked
the Arbitration Panel to amend the protocol so a more
appropriate penalty may be imposed. That sounds like
a pretty intelligent way out of what could be a very
ugly situation.
Oracle's
filing has not been withdrawn (07/02/02) (source
: Scuttlebutt)
Prada's withdrawal of their lawsuit against Oracle
last week apparently has not ended their problems under
the Protocol. Oracle's filing with the America's Cup
Arbitration Panel has not been withdrawn, and the Panel
issued an unusually short deadline -- next Monday, July
8 -- by when other teams, including Prada, must submit
any views on the issue to the Panel.
A perpetual Challenge Cup for friendly competition ...
Prada
drops law suit against Oracle (06/25/02) (source
: Prada)
In a press release, the Italian Prada campaign
says it has dropped legal action against United States
billionaire Larry Ellison's Oracle Racing.
" In relation to the recent news that Oracle
Racing has filed an application for breach of Protocol
of the XXXI America's Cup by Prada Challenge for America's
Cup 2003, we wish to clarify the following.
The dispute before the High Court of New Zealand originates
from an agreement signed in January 2001 by Prada
Challenge for America's Cup 2003 NZ Ltd, Oracle Racing
Ltd and America's Cup Village Limited (the company
that runs the Auckland harbour) concerning the location
of a barge positioned by Oracle on the boundary between
the Prada and Oracle bases.
Discussions have been under way since January 2001
with the aim of obliging Oracle to comply with the
said agreement. This being a matter of neighborly
relations, it was handled as a logistical issue locally.
Prada believes that this is not a matter that falls
under the jurisdiction of the AC Arbitration Panel.
Notwithstanding the fact that the above is an issue
for the civil court, in the interest of the event
and in order to avoid a sterile discussion of issues
having no relation with the substance of the sport,
Prada Challenge for America's Cup 2003 NZ Ltd has
already formally discontinued the court proceedings".
Successful participation in the America's Cup requires
more than a fast boat and good crew - competitors
also need reliable advice from legal advisors.
Considering the AC arbibrators "strike",
a lawsuit was filed by Prada last week against Oracle
to a court.
Its claims are a bit complex but in sum address positioning
of the (former) American Express barge by Oracle in
such a manner so as to allow Oracle to surreptitiously
observe launch/retrieval of Prada's boats through
one-way windows and other forms of deviosity.
Oracle has twice agreed to conform with the agreement
without actual compliance and requests and demands
to cease and desist from spying have fallen on seemingly
deaf ears.
Article 10.2 of the XXXIe Protocol provides "Any
Challenger who resorts to any court or tribunal, other
than the Arbitration Panel or any other dispute resolution
body agreed by RNZYS and the Challenger of Record
will ... be in breach of this Protocol and will accordingly
be ineligible ... to be the Challenger for the Match".
Applying this rule, Oracle now says Prada is ineligible
to be a challenger.
The LVC races will be very exciting since everyone
else has been disqualified ...
TV ONE's coverage
Prada's
base will stay in Punta Ala (05/29/02) (source
: Farevela.net)
Cantiere del Marina di Punta Ala srl
(owner of boatyards in Punta Ala Port) last year launched
a civil lawsuit against Prada Challenge, concerning
syndicate's implantation in Punta Ala.
Today, Cantiere demand against Prada Challenge has been
struck out by Grosseto Court.
Therefore, Prada Challenge can stay at home in Punta
Ala now and it will not be necessary to move the base
in Elba Island, like it was said in June.
