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Valencia 2009 |
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Written by Mariner
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Sunday, 25 November 2007 |
America's Cup Postponed
The 33rd America’s Cup, originally planned to be held in Valencia in 2009, has been postponed and so far no alternative date has been announced. The two Ernesto Bertarelli-owned organisations - the Swiss Alinghi sailing team and America's Cup Management (ACM) - cite the legal challenge by Larry Ellison's Golden Gate Yacht Club of San Francisco as the reason. "The ongoing uncertainty around the conclusion of the New York court case leaves the organisers no choice but to delay the event," ACM said.
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Alinghi, which represents the yacht club Société Nautique de Genève, successfully retained the Cup this year with a 5-2 victory against Emirates Team New Zealand in a series that featured compelling racing and big crowds. But Alinghi quickly alienated former and prospective challengers by issuing a new set of rules, called a protocol, for the next Cup. The rules were widely considered to be too one-sided.
 Luna Rossa, backed by Prada, declined to challenge again. Other syndicates hesitated, and BMW Oracle Racing filed suit in New York Supreme Court through the yacht club it represents, Golden Gate Yacht Club in San Francisco.
The crux of the legal complaint is the accusation that Alinghi has selected an invalid principal challenger in Desafio Español. Golden Gate argues that Desafio Español represents a yacht club that was created only recently for the express purpose of challenging and had not staged an annual ocean-water regatta, which is required by the Cup’s 120-year-old governing document, the Deed of Gift.
Golden Gate was the challenger of record for the last Cup and is seeking to regain that status and renegotiate the protocol with Alinghi. The case was heard Oct. 22, and Judge Herman Cahn is expected to issue a ruling before the end of the year.
 Cup officials and Alinghi’s billionaire owner, Ernesto Bertarelli, were hopeful that Cahn’s ruling might come before Thanksgiving. When that passed, Bertarelli decided to announce the postponement. But he said the intention was still to stage the Cup in Valencia at a later date.
Even that is uncertain, however. If Alinghi prevails in court, Golden Gate could appeal. But if Alinghi loses, its officials have already said that they will not appeal, which could force them to face BMW Oracle, and only BMW Oracle, for the Cup sometime next year in a best-of-three regatta in catamarans instead of the traditional monohulls.
America's Cup Management issued the following press release announcing the postponement of the 33rd America’s Cup.
During the past months, AC Management (ACM), the Société Nautique de Genève (SNG) and the Club Náutico Español de Vela (CNEV), in conjunction with the competing Challengers, have worked hand in hand to develop the rules and regulations for an event in 2009. These rules and regulations were agreed by all competitors and supported by the most recent entrants bringing the number of registered syndicates to eight, with an additional two currently filing entry documents.
The ongoing uncertainty around the conclusion of the New York court case brought by BMW Oracle Racing (BOR) leaves the organisers no choice but to delay the event, as many indicators demonstrate a lack of viability to stage the event in 2009 to the same standards as the 32nd America's Cup.
The competitors' entry deadline of 15 December remains valid and for now, ACM, SNG and CNEV await the outcome of the legal process. If the New York Supreme Court rules that CNEV is valid and BOR chooses not to appeal the decision, ACM will endeavour to work with the competitors to adapt the existing rules and regulations and put in place a new framework for an event to take place at a later stage in Valencia.
Should the US Courts rule against CNEV, SNG will accept the Golden Gate Yacht Club Deed of Gift Challenge and meet them in a vessel, possibly a multihull, in accordance with the terms of the Deed of Gift.
 Earlier this week Alinghi's lawyer Hamish Ross said the event would most likely have to be put off until 2011 as the uncertainty caused by the legal challenge was making it hard for teams to secure corporate sponsorship. Holding the event in 2010 would be difficult as it would compete for television air time with the football World Cup in South Africa.
AC Management accepted two more challengers -- Italy's Mascalzone Latino and Spain's Ayre Challenge -- on Tuesday and said two more syndicates were set to join. Until then only five challengers had signed up for the 33rd America's Cup: Team New Zealand, United Internet Team Germany, Spain's Desafio Espanol, South Africa's Team Shosholoza and Britain's Team Origin.
Alinghi design team co-ordinator Grant Simmer commented: "It is very disappointing to all of us at Alinghi that Oracle has chosen not to enter the event based on the conditions that we have agreed with all the entered competitors and have instead chosen to hold the event to ransom by means of their court action.We look forward to the end of this uncertainty and to being able to get started with our plans to defend the America's Cup," he said in a statement.
An Oracle spokesman said the postponement was "unfortunate and avoidable".
"There have been many opportunities to resolve this without taking this step. It's unfortunate and unnecessary," Golden Gate spokesman Tom Ehman said.
“Last week we came to within a hair’s breadth of a solution that should have been acceptable to both,” Mike Sanderson, team director for the new British challenger Team Origin, said in a statement. “Unfortunately the tactics employed by the two have sometimes brought into question the willingness of both to want to find a solution at all.”
"This is a really sad day for the America's Cup and a bad day for sport. Disputes like these should not be settled in court," said British businessman Sir Keith Mills who launched Team Origin in January with his own money. Mills, who helped London win the 2012 Olympics, blamed Oracle's "greed" and Alinghi's "belligerent spirit" for the failure of both sides to settle their dispute. "For one team to seek to impose its will on a sporting event by using a lawsuit is reprehensible. For another team to slow the process down is equally damning," he said.
"We are of course very disappointed because we were ready for 2009. That was going to be one of our strengths because we started our preparations very early," Team Germany skipper Karol Jablonski told reporters in Berlin.
One of the six other official challengers, Emirates Team Zealand, meanwhile said it had anticipated that the standoff could lead to a postponement of the 33rd America's Cup and had taken steps to ensure the team's viability. "Emirates Team New Zealand is in the fortunate position of having strong support from sponsors and the goodwill of team members all of whom want to remain involved," said the team's managing director, Grant Dalton.
The last America's Cup in Valencia featured 11 challengers. It was the first time that the event was held at a European port in its 150-year history.
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Last Updated ( Sunday, 25 November 2007 )
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