America's Cup Scheduled Feb 8 - Latest Update
America's Cup outcome to be decided by New York judge?
By IBI Magazine
Dueling press releases have become a standard tactic in the lead-up to the America's Cup, scheduled to begin on February 8 in Valencia, Spain. But the most recent statements from competitors BMW-Oracle and Alinghi suggest that the outcome will be decided by a New York judge months after the event.
The two syndicates met this week in Singapore to hammer out a final agreement, but the talks broke down after two days. BMW-Oracle, through its sponsoring Golden Gate Yacht Club (GGYC), said in a statement that it had reached draft agreements three times with Alinghi through its sponsoring club, Société Nautique de Genève (SNG).
But it said Alinghi chief Ernesto Bertarelli had turned all three drafts down. "GGYC was ready to sign. SNG's negotiators were prepared to sign, but it seems they were not given permission," said Russell Coutts, CEO of BMW Oracle Racing in the statement. "This is very disappointing and frustrating."
GGYC then filed its ninth lawsuit against SNG, asking a New York Supreme Court judge to decide if Alinghi met the criteria of the America's Cup Deed of Gift and its "constructed-in-country" stipulation. "Can the Swiss defender race with sails made in the USA?" it asked in a separate statement. The two teams had previously asked the Court to settle other technical questions, such as whether Alinghi could use engines to power winches and whether rudders are included in the measurement of the yacht's length.
"Once again, SNG is showing total disregard for the Deed," said Coutts. "First, SNG claimed that sails were not part of the yacht. Then it claimed that Alinghi's sails were built in Switzerland, not the USA. Now, SNG is saying that 'constructed-in-country' is not relevant until it announces its yacht for the Match."
SNG issued its own statement, saying BMW Oracle "unilaterally aborted" the talks. "BMW Oracle has already successfully disqualified 18 teams through the US courts to gain access to the Match, now they are seeking to win the Cup without ever racing for it," said Brad Butterworth, Alinghi's skipper, in their statement. "This latest lawsuit has come as a shock, given we were planning a further meeting to finalise discussions today, it demonstrates extreme bad faith. They have completely disregarded the jurisdiction of the ISAF America's Cup Jury, which they sought so hard to have instated, and have instead reverted to the New York courts where they clearly feel they have a greater chance of success."
Butterworth said SNG's yacht was constructed in Switzerland in compliance with the Deed of Gift, adding that the sails were constructed in a sail loft in Villeneuve, Switzerland.
While the outcome may be determined by the New York judge, both sides say they are ready to race in Valencia. Observers say the 113-foot BMW-Oracle trimaran and the 115-foot Alinghi catamaran are the fastest racing yachts ever built. With no agreement on the format, the match is likely to be decided by whichever boat wins two out of three races, as mandated by the original Deed of Gift.
By IBI Magazine
Dueling press releases have become a standard tactic in the lead-up to the America's Cup, scheduled to begin on February 8 in Valencia, Spain. But the most recent statements from competitors BMW-Oracle and Alinghi suggest that the outcome will be decided by a New York judge months after the event.
The two syndicates met this week in Singapore to hammer out a final agreement, but the talks broke down after two days. BMW-Oracle, through its sponsoring Golden Gate Yacht Club (GGYC), said in a statement that it had reached draft agreements three times with Alinghi through its sponsoring club, Société Nautique de Genève (SNG).
But it said Alinghi chief Ernesto Bertarelli had turned all three drafts down. "GGYC was ready to sign. SNG's negotiators were prepared to sign, but it seems they were not given permission," said Russell Coutts, CEO of BMW Oracle Racing in the statement. "This is very disappointing and frustrating."
GGYC then filed its ninth lawsuit against SNG, asking a New York Supreme Court judge to decide if Alinghi met the criteria of the America's Cup Deed of Gift and its "constructed-in-country" stipulation. "Can the Swiss defender race with sails made in the USA?" it asked in a separate statement. The two teams had previously asked the Court to settle other technical questions, such as whether Alinghi could use engines to power winches and whether rudders are included in the measurement of the yacht's length.
"Once again, SNG is showing total disregard for the Deed," said Coutts. "First, SNG claimed that sails were not part of the yacht. Then it claimed that Alinghi's sails were built in Switzerland, not the USA. Now, SNG is saying that 'constructed-in-country' is not relevant until it announces its yacht for the Match."
SNG issued its own statement, saying BMW Oracle "unilaterally aborted" the talks. "BMW Oracle has already successfully disqualified 18 teams through the US courts to gain access to the Match, now they are seeking to win the Cup without ever racing for it," said Brad Butterworth, Alinghi's skipper, in their statement. "This latest lawsuit has come as a shock, given we were planning a further meeting to finalise discussions today, it demonstrates extreme bad faith. They have completely disregarded the jurisdiction of the ISAF America's Cup Jury, which they sought so hard to have instated, and have instead reverted to the New York courts where they clearly feel they have a greater chance of success."
Butterworth said SNG's yacht was constructed in Switzerland in compliance with the Deed of Gift, adding that the sails were constructed in a sail loft in Villeneuve, Switzerland.
While the outcome may be determined by the New York judge, both sides say they are ready to race in Valencia. Observers say the 113-foot BMW-Oracle trimaran and the 115-foot Alinghi catamaran are the fastest racing yachts ever built. With no agreement on the format, the match is likely to be decided by whichever boat wins two out of three races, as mandated by the original Deed of Gift.
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