OneWorld
submitted a request to the Panel
(02/06/02) (Source
:sailinganarchy.com)
In a closely guarded submission to the America's
Cup Arbitration panel, the One World Challenge syndicate
have confessed to possessing and using design materials
and software developed by Team New Zealand.
The submission, couched in hypothetical terms ("Assuming
a syndicate were to possess and use . . . would
such be a violation of the Protocol?") nonetheless
goes to surprising lengths to describe the illicitly
procured design material and explain its specific
usage.
The tactical reason for doing so lies in the absence
of a pending protest from another syndicate or interested
party - by delivering a quasi-confession before
being formally busted hopefully leave an impression
with the Arbitration Panel that One World is innocent
of complicity and is bringing these issues forth
due to self-regulation and disclosure.
Is
the integrity of the Cup doomed ?
(02/04/02) (Source
:Anonymous)
Worrying rumours from Auckland. According
to our sources, the Alinghi Challenge submitted
a request for interpretation to the Panel, asking
it to forbid - or at least to arbitrate - about
a forgotten sentence in the deed of Gift that
could give an unfair advantage to a competitor,
which is completely out of the spirit of the Cup.
The 1887 Text said "Center-board or sliding
keel vessels shall always be allowed to compete
in any race for this Cup, and no restriction nor
limitation whatever shall be placed upon the use
of such center-board or sliding keel, nor shall
the center-board or sliding keel be considered
a part of the vessel for any purposes of measurement."
If the Panel would allow the use of this possibility
in the competition, that would effectively give
a considerable advantage to the competitor and
take out all interest in the races and in the
2003 America's Cup in general. Given the sad example
of the race between the big neo-zealander boat
and the catamaran of D. Conner in 1988.
The KZ 1 Challenge, master-minded by merchant
Banker Sir Mickael Fay, was the most controversial
in the long history of the "Auld Mug".
Court action forced the reluctant Cup holder,
the San Diego Yacht Club, to race against one
of the biggest sloop-rigged ever built.
Its response was to exclude all other challengers
and meet KZ 1 on the water in Dennis Conner's
60ft catamaran. The lucridous mismatch resulted
in NZ Challenger loosing, 3-0.
Now, only a quick decision made against such conditions
could offer a fair competition with equal rules
for all the syndicates.
Bryan
Willis appointed as Jury Chairman
(01/17/02) (Source
:Louis Vuitton)
Briton Bryan Willis, has been appointed by
the International Sailing Federation to be the Chairman
of the Jury and Chief Umpire for the Louis Vuitton
Cup and 31st America’s Cup Match.
The appointment was first agreed amongst the Royal
New Zealand Yacht Squadron (Team New Zealand) as
Defender of the America’s Cup, Yacht Club Punta
Ala (Prada Challenge) as Challenger of Record and
ISAF in accordance with a formal agreement signed
by the parties in September 2000.
Bryan Willis has been involved with both the Louis
Vuitton Cup and the America’s Cup since 1980. Most
recently he served as Chairman of the Jury and Chief
Umpire in the 1999-2000 event.
For the 2002-2003 events he will lead a team of
18 International Umpires who will oversee as many
as 175 races over 5 months beginning in October
2002.
Willis is also a member of the ISAF Racing Rules
Committee and the ISAF Race Officials Committee
and is currently serving as Chairman of the International
Jury for the Volvo Ocean Race.
Challengers
meet in Paris
(05/22/01) (Source
:Louis Vuitton)
Ten syndicates representing yacht clubs from
six countries have had their challenges accepted
by the current America's Cup holders, the Royal
New Zealand Yacht Squadron. These ten challengers
are entries for the Louis Vuitton Cup that will
take place in Auckland starting in October 2002
and last four months. The winner of the Louis Vuitton
Cup will be the sole challenger to race against
Team New Zealand for the America's Cup.
At the invitation of Louis Vuitton and CORM (Challenger
of Record Management), all 10 challenger syndicates
met in Paris last week for the first meeting of
CORM, the organisation responsible for the running
of the Louis Vuitton Cup, challenger elimination
series. At this meeting CORM elected its eight strong
board of directors.
In March 2000 the Royal New Zealand Yacht Squadron
appointed the Italian Yacht Club Punta Ala the task
of selecting the best challenger for the America's
Cup (Challenger of record). Accordingly, three of
the board members represent this club that was first
to launch a challenge, and the Prada America's Cup
Challenge. They are Marco Piccinini (ITA) - Chairman,
Pierpaolo Gardella (ITA) - General Secretary and
Francesco Longanesi (ITA).
The five other board members are Julia Harrison-Lee
(GBR), representing the RORC and the GBR Challenge,
Doug Smith (USA), representing the Golden Gate Yacht
Club and the Oracle Racing syndicate, David Elwell
(USA), representing the New York Yacht Club and
Team Dennis Conner, Glenn Bourke (GER), representing
the Dusseldorf Yacht Club and the Illbruck Challenge
and Brad Butterworth (SUI), representing the Société
Nautique de Geneve and the Alinghi Swiss Challenge
for the America's Cup.
Amongst the issues debated by the challengers at
the recent meeting was the subject of the mandatory
performance bonds to be paid by the syndicates between
now and the next event.
The idea behind the performance bond is to try to
estimate a firm number of challengers participating
in the Louis Vuitton Cup. It is a key element with
regard to course management and media information.
CORM and the challengers will be holding regular
meetings between now and the start of the next America's
Cup season.
The next meeting will be held in June where important
marketing issues relating to the Cup will be dealt
with. CORM (Marco Piccinini) and Louis Vuitton officially
signed the partnership agreement for the next Louis
Vuitton Cup in Paris last week in front of all of
the Challengers' representatives present.
Fifth
appointment to AS Arbitration Panel
(11/30/00) (Source
:Louis Vuitton)
Professor Fernando Pombo of Madrid, Spain,
has been appointed as the fifth member of the America's
Cup Arbitration Panel.
The panel is charged with resolving disputes associated
with the America's Cup in Auckland, New Zealand
that starts with the Challenger Selection Series
in October 2002 and culminates in the America's
Cup Match in February, 2003.
Under the terms of the protocol for the 31st America's
Cup, Professor Pombo was appointed by the four members
of the panel previously announced by COR/D (Challenger
of Record and Defender) comprising the Challenger
of Record (Yacht Club Punta Ala) and the Defender
of the America's Cup (the Royal New Zealand Yacht
Squadron). Each club appointed two members of the
panel.
Fernando Pombo is a former Chairman of the International
Bar Association's Section on Legal Practice and
is currently the Treasurer of that organisation.
He is a member of the Spanish Arbitration Court
and the Chartered Institute of Arbitrators, London.
As well as being a founding member and senior partner
in a leading Spanish law firm, he has been Professor
of Law in Madrid and every summer he teaches International
Business Law at the Salzburg Law School. He speaks
four languages.
Professor Pombo has been Spanish National Champion
in the Star class and under the IMS category several
times and is a member of the Constitution Committee
of the International Sailing Federation.
AC
2003 Panel appointments
(11/14/00) (Source
:Louis Vuitton)
The Royal New Zealand Yacht Squadron and Yacht
Club Punta Ala have appointed four members of the
Arbitration Panel for the 31st America's Cup season
in Auckland, New Zealand. The four nominees will
now decide on a fifth member to the panel which
is charged with resolving disputes associated with
the event that starts with the Challenger Selection
Series in October 2002 and culminates in the America's
Cup Match in February, 2003.
The appointments have been jointly announced by
COR/D (Challenger of Record and Defender) comprising
the Challenger of Record (Yacht Club Punta Ala)
and the Defender of the America's Cup (the Royal
New Zealand Yacht Squadron). Each club appointed
two members of the panel.
The Royal New Zealand Yacht Squadron has selected
Sir David Tompkins, a Retired and Acting Judge of
the High Court at Auckland; and John Faire who is
currently a Master of the High Court at Auckland,
New Zealand. Both served as members of the Arbitration
Panel during the 1999-2000 Louis Vuitton and America's
Cups.
Sir David Tompkins has had a distinguished legal
career. He is a former Chancellor of Waikato University
and a former Vice President of the New Zealand Law
Society. Sir David is a member of the RNZYS and
a cruising yachtsman.
John Faire is a past President of the New Zealand
Yachting Federation and has been involved in yachting
administration for more than two decades, including
current responsibilities with the International
Sailing Federation. He has won 15 New Zealand yachting
championships.
The Yacht Club Punta Ala has selected Donald Manasse,
who lives in Monte Carlo and campaigns a J-24 in
national and international regattas; and Professor
Henry Peter who lives in Lugano, Switzerland. Both
are lawyers with practical experience of international
arbitration and yacht racing.
Donald Manasse has both American and German nationality
and has a legal practice with offices in Nice and
Monaco. He has sailed Stars, Rainbows and J-22s
and is Vice President of the International J-24
Class Association.
Professor Henry Peter also has dual nationalities
- Swiss and French. He is a partner in a legal practice
and professor of company and sport law at the Universities
of Geneva and Lausanne of which he is head of the
MBL program. Professor Peter has been cruising and
racing mostly in Switzerland, in the Mediterranean
and in the English Channel since 1972.
ISAF
signs agreement with COR/D
(09/19/00) (Source
:ISAF)
In an excellent spirit of co-operation, the
International Sailing Federation, Challenger of
Record and Defence (COR/D) today signed an Agreement
covering the conditions by which the 2003 America’s
Cup will be organised.
The 2003 America’s Cup will be run under the ISAF
Racing Rules of Sailing, but in order to reflect
the specific needs of the America’s Cup Class yachts,
modifications may be made to the Racing Rules which
will only be applicable for events under the direction
of COR/D. ISAF and COR/D will ensure the best and
most experienced ISAF Race Officials are appointed
to officiate, to ensure a level-playing field and
fair play in such a high-profile event.
COR/D will pay a sanctioning fee to ISAF, which
ISAF in turn will share with the Member National
Authorities of the Defender and Challengers. ISAF
and COR/D are delighted to have signed this agreement
so far in advance of the 2003 America’s Cup, which
reflects the relationship developed in the overall
interests of the sport.
Signing the agreement were Paul Henderson (CAN)
– ISAF President, Peter Taylor (NZL) – Royal New
Zealand Yacht Squadron Commodore, Sergio Gaibisso
(ITA) – Federazione Italiana Vela President, on
behalf of the Yacht Club Punta Ala and Arve Sundheim
(NOR) – ISAF Secretary General.
Challenger
of Record Introduced
(03/03/00) (Source
:Louis Vuitton)
The Yacht Club Punta Ala of Italy
will be the Challenger of Record for the next America’s
Cup. As Team New Zealand crossed the finish line
in Race Five of the 30th America’s Cup, Commodore
Bruno Calandriello of Yacht Club Punta Ala issued
the challenge to his counterpart, Peter Kingston
of the Royal New Zealand Yacht Squadron. The next
America’s Cup will be raced over the Southern Hemisphere
summer of 2002/2003 in America’s Cup Class boats.
The two Yacht Clubs also published the Protocol
document that will govern the 31st America’s Cup.
The document is a natural evolution from the previous
Protocol and takes into account issues that were
before the Arbitration Panel this past year. As
such, nationality rules have been clarified, and
the rules governing the transfer of technology,
design and equipment between syndicates from the
same country have been tightened.
The new Protocol will also encourage the use of
older, vintage boats by allowing more extensive
modifications to old boats before they must be issued
with a new sail number, thereby counting against
the ‘two new boat’ rule. Additionally, Articles
previously found in the Match Conditions (normally
published later in the process) are now included
in the Protocol, to avoid disappointment later.
The first deadline for Challenges for the 31st America’s
Cup is 1 March 2001, and must be accompanied by
an entry fee of US$150 000. Late entries, accompanied
by US$300 000 will be accepted up until one year
later. The March 2001 date is also the ‘nationality
deadline’.
At a press conference to introduce the new Challenger
of Record, and distribute the next Protocol, Marco
Piccinini, Vice President of the Prada Challenge,
outlined the plans for the future of the challenger
series, the Louis Vuitton Cup.
“We have come up with a format of two Round Robins,
with each worth the same number of points and then
only a limited selection (elimination) so that two
thirds of the challengers will move on to the Semi-Finals,
to a maximum of ten. The Semis will be conducted
under a seeded ladder system. This format, of course,
has to be discussed now in detail amongst the challengers
and submitted to the (America’s Cup) trustees for
their approval. We think it will give more exciting
races, less suspicion and definitely a better perception
of the event.” Many of the changes to the Challenger
Series were instigated through informal talks with
Louis Vuitton, the winning team and other concerned
parties.
The Defender and the Challenger of Record will also
work together on a joint marketing plan, pursuing,
amongst other things, joint packages for international
television and internet rights. The Media Centre
and the official time keeper will also fall under
this joint umbrella in hopes of avoiding needless
duplication.
24 hours after Team New Zealand’s victory, no other
official challenges have been received. But verbal
interest has been shown from the Royal Sydney Yacht
Squadron for an Australian challenge, and a Swedish
syndicate has also contacted the Royal New Zealand
Yacht Squadron.
Previously, most of the eliminated Challengers also
expressed interest in coming back to Auckland for
the next America’s Cup. Also, many parties who didn’t
participate in the 2000 America’s Cup visited Auckland
over the past five months and their expressions
of interest will likely translate into several new
Challenges over the next year.
