Clause 4.5 Ends ACM Contract with Valencia for 2009 Events.

The contract between ACM, the administrators of the 33rd edition of the Americas Cup and the city of Valencia has been terminated thanks to clause 4.5, previously not made public, which allowed the parties to break all contractural bonds in the case that GGYC won the pending court case.

The contract, signed by mayoress of Valencia, Rita Barber, and the Catalan Autonomous Government lasted only five days.

Without clause 4.5, Valencian administrators would have been committed to pay nine million Euros for a qualifying regata in July and October. The mayoress and the representative of the Catalan Autonomous Government had defended, the cost of almost a million Euros per day in spite of the economic crisis.

Against this background, the advertising campaign of the Valencian Agency of Tourism for 2009 has preferred not to complicate things. Advertising campaigns for Valencia have chosen to ignore the thorny subject of the Americas Cup and to bet on the Formula 1 event held in the city. In addition to the well-run, spectator rich, media savvy, global sport of F1, the City will promote the Arts and Sciences, landscapes, sun and the beach.

AC 33 Arbitration Panel Changed by ‘the 19′.

We’re looking for suggestions for a collective noun to descibe the ‘19′ teams involved in the discussions about AC33. Perhaps ‘the 19′ is sufficient. The group all sat down again yesterday in the fifth 33rd America’s Cup Competitor Meeting in Valencia.

Alinghi, the defender, showed that the protocol and rules governing the 33rd version of the cup are flexible by responding to criticism of the last published protocol.

The teams present agreed a Protocol amendment which will loosen the restriction on designers moving between teams. The group appointed two additional members of the Arbitration Panel: David Kellett (AUS), ISAF Vice-President, and Peter Leaver (GBR), a UK barrister since 1967 and Chairman of the Court of Arbitration for Sport, will join Henry Peter (SUI), Luis Maria Cazorla (ESP) and Graham McKenzie (NZL). The 19 competitors also named David Pedrick (USA) Technical Director for the 33rd America’s Cup.

Pedrick, involved in the America’s Cup since 1974, will be Chairman of the Measurement Committee – made up of no less than two additional members – that ensures compliance with the AC33 rules and any other measurement requirements.

“It is exciting to be engaged in the America’s Cup in this way, to actually be part of helping this new class of yacht be successful for the 33rd America’s Cup. The configuration of the new AC33 class is pretty tightly and simply defined, but there may be some loopholes that we don’t yet understand and will need to be mindful of. The construction is defined in a simpler way than with the ACC class and there may be some structural situations that will need careful monitoring. Because this is a new class and all the interpretations are to be public, the hope is that the dialogue with the competitors will be such that if there is uncertainty they will feel free to ask the questions early.”

The Host City agreement was also discussed along with plans to run the pre-regattas in 2009 and the Match in 2010 in Valencia. Negotiations are moving forward with the Spanish administrations and AC Management is confident of announcing a deal with Valencia in the near future.

The competitors decided that participation in the 2009 pre-regattas on ACC Version 5.0 yachts is to be compulsory for all teams and it is intended that syndicates be allocated bases once they confirm their participation in these races.

The next Competitor Meeting is scheduled for the 31 March in Valencia.

New Protocol Released

The much awaited Protocol to govern the 33rd Edition of the Americas Cup has been published by ACM. The document has been discussed by the Defender and current Challenger of Record as well as entered teams, and no doubt will be subjected to intense scrutiny by the sailing world over coming days. In a show of ‘openess’ – the Protocol has been published in a ‘clean’ form and a version showing changes and ammendments. You can see the document with the changes at http://33rd.americascup.com/multimedia/docs/2008/12/081220_AC_33_Protocol_with_track_changes.pdf

21 +2 -3 -1 = 19 Teams for the America’s Cup.

While BMW ORACLE and GGYC woo America’s talk show hosts with their trimaran, AC Management today announced the entry list for the 33rd America’s Cup that includes 19 teams. All of the 32nd America’s Cup challengers have re-entered, bar one.

The wording of the statement below makes the maths seem a little strange, (you need to work with 23 as the starting number, not 21).

Aside from the Defender, Alinghi and the Challenger of Record, Desafío Español, a total of 21 teams presented a Notice of Entry and 17 were accepted. Three of the entered teams are pending minor details towards their official registration and have been granted an extension until January 15. Three other teams were denied entry as no further documentation beyond the Notice of Entry was received by the December 15 entry deadline. Carbon Challenge has withdrawn.

Many of the teams have been working together over the past few months at regular Competitor Meetings to amend the 33rd America’s Cup Protocol and to design the new class rule; this process is ongoing and will continue into the New Year with further meetings planned and a publication date for the class rule scheduled for the end of January.

Brad Butterworth, Alinghi team skipper, comments on a very exciting fleet:

“Having 19 teams from 12 countries entered for the 33rd America’s Cup is a clear expression of the huge worldwide interest in the competition. It’s fantastic to see such an international fleet with newcomers such as Russia. It is also significant that all but one of the teams from the previous edition have entered again. We will continue to work together with these challengers to make the 33rd America’s Cup a success, regardless of BMW Oracle’s decision to pursue their legal strategy to eliminate all challengers and force their way into an America’s Cup Match, something they have never achieved on the water.”

So who are the 19 teams? The List for the 33rd America’s Cup teams (in order of entry):

• Alinghi, Société Nautique de Genève (SUI) – Defender 
• Desafío Español, Club Náutico Español de Vela (ESP) – Challenger of Record 
• Shosholoza, Royal Cape Yacht Club (RSA) 
• TeamOrigin, Royal Thames Yacht Club (GBR) 
• Team New Zealand, Royal New Zealand Yacht Squadron (NZL) 
• DCYC, Deutscher Challenger Yacht Club (GER) 
• Green Comm Challenge, Circolo di Vela Gargano (ITA) 
• Ayre Challenge, Real Club Náutico de Dénia (ESP) 
• Victory Challenge, Gamla Stans Yacht Skallskap (SWE) 
• Argo Challenge, Club Nautico Gaeta (ITA) 
• Mascalzone Latino, Reale Yacht Club Canottieri Savoia (ITA) 
• Team French Spirit, Yacht Club de St Tropez (FRA) 
• Luna Rossa, Yacht Club Punta Ala (ITA) 
• Russia Team – Fiona, Yacht Club Seven Feet (RUS) 
• Joe Fly, Società Canottieri Lecco (ITA) 
• K-Challenge, Cercle de la Voile de Paris (FRA) 
• Greek Challenge, N.O.K. Poseidon – Nautical Club of Kalamata (GRC) 
• Dabliu Sail Project (ITA) 
• China Team, Qingdao International Yacht Club (CHN)

Some Push on and Some Dig In

It’s been an interesting and frustrating week in Americas Cup land. On Wednesday, Alinghi’s Brad Butterworth and Tom Ehman, representing the GGYC, were separated on the stage of the World Yacht Racing Forum in Monaco by Sir Keith Mills, Paul Cayard and Alessandra Pandarese. The mood was one of hostility and frustration with several of the panel refusing to answer questions from the moderator or the floor directly. 

The situation then, to everyones frustration, but clearly weighing heavily upon Keith Mills, is that even though the differences between the two parties are tiny. Neither side will move. Not for the sake of the sailing world’s most recognisable media property, not for the sake of those investing in the sport of sailing, not for the fans of the cup and certainly not for each other. 

K-Challenge’s CEO Stéphane Kandler, who was also on the panel said:

The America’s Cup has a huge value and is more and more attractive for sponsors; this could explain the current litigation. What we really need is to support a sustainable model for the teams, but we also want to help new stars to rise in the sport of sailing, and especially in the America’s Cup so that they get known by the general public.

Paul Cayard, who was the only participant to really put forward any ideas for the future said later:

We obviously have to get the pinnacle event of our sport back on the water and unfortunately, logic is not prevailing on those who have the “ball”. So it is clear that, for the long term, we have to get the “ball” out of the hands of self interested individuals and into the hands of someone, or some group, who puts the event first. I think I have heard that somewhere before!

Meanwhile, Alinghi today (Friday) have released a statement claiming that 16 teams have entered the 33rd edition and have agreed a protocol to be released next week. The teams also vowed to push on with the process irrespective of BMW ORACLE’s lawsuit. The statement also included the annoucement of guaranteed racing next year with three America’s Cup Class Version 5.0 regattas confirmed: one in July and another in October organised by AC Management, followed by the Club Náutico Español de Vela annual regatta organised by the Spanish Challenger of Record.

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