The decision means that work by the Defender Alinghi and 19 other teams to develop a new Cup protocol, boat design and schedule for multi-challenger event are all on hold until the US team announce their intentions. Before any multi-challenger campaign can take place, a one-on-one match race between giant multihulls needs to happen.

The decision hinged on the fact that CNEV had not held an annual regatta at the time it submitted its challenge. The ruling states

“Since CNEV has failed to show that at the time it submitted its Notice of Challenge it was a “[club fulfilling all the conditions required by” the Deed of Gift, it does not qualify as the Challenger of Record for the 33rd America’s Cup competition and Supreme Court was correct in declaring GGYC to be the valid Challenger of Record.

Teams like Emirates Team New Zealand and the UK’s Team Origin will have to wait until BMW ORACLE and Alinghi settle their differences on the water. Some teams may not survive the delay.

appeal-ruling – 2nd april 2009.

While the world’s ‘largest sustainable energy operator’, says it is fully committed to supporting Desafio Espanol, the Spanish team has reduced its operations and is not operating its base, during the winter months, pending decisions on the summer sailing programme, including possible GP42 and TP52 campaigns that, inevitably, hinge on the decision of the New York Court of Appeals.

Given CNEV’s current situation, one would think they would want to look like a team with the resources to compete against other Americas Cup syndicates. That Iberdrola doesn’ think the Spanish market would follow the team in New Zealand doesn’t help CNEV’s case that the city of Valencia and the people of Spain are behind them.

Ehman Objection: “None of the Challengers, except CNEV, has any vote on any matter. Moreover, CNEV is specifically exempted from acting on behalf of the other Challengers.” 

Meeting outcome: 10 of the 12 entered challengers present at the meeting, along with the Defender Alinghi, expressed a unanimous will to work together constructively towards a class rule and regulations that satisfy all entered competitors. 

Ehman Objection: “The Defender, through ACM, selects all race officials and umpires.”

Meeting Outcome: 

• The Arbitration Panel be expanded to five members, with the two additional members being appointed by all the entered competitors through a democratic process 
• The Race Committee has been agreed by all the entered competitors 
• Other America’s Cup Race Officials, the Technical Director and Umpires will be selected following a similar process amongst ISAF officials.

The ‘BMW Oracle Media Team’ have interviewed their own boss Russell Coutts about participating in the Louis Vuitton Pacific Series. Coutts has nothing new to say, except that he is looking forward to competing against Alinghi and that the series will be good for the sport. When asked about Brad Butterworth he said “We’re still friends, but we’re competitors first.”

Coutts reiterated the BMW position that they would drop legal action against Alinghi if “Alinghi commits to fair rules. What we’re fighting against are unfair rules like the Defender appointing the judges, changing the rules at any time for any reason, and excluding or disqualifying a Challenger at any time.”

Meanwhile, the Herald Tribune has run a story about BMW Oracle’s 90 foot trimaran including comments by Americas Cup legend Dennis Connor. The man who lost the cup to the Australians also competed in a multihull for the cup against a challenge from New Zealand. 

Predictably , Connor (whose San Diego base is being used by BMW Oracle) says: “The whole sailing world will benefit by having this out on the race course in a lot of different ways. I applaud Larry Ellison for building this boat. I’d like to see it race and I’d like to see Larry win because Alinghi is trying to shanghai the event.”

The team will compete in the Club Náutico Espanol de Vela annual regatta that is taking place in Valencia, Spain, next week (7-9th November) and the second being the Louis Vuitton Pacific Series to be held in Auckland, New Zealand.

Sir Keith Mills, Team Principal of TEAMORIGIN, stated:
“This is indeed great news for TEAMORIGIN. After considerable delays and frustrations we finally get to go racing!! Desafio Espanol have kindly offered to lend us one of their AC V5 boats, ESP 88, instead of having to transport our own GBR 75 from the UK, and so the CNEV regatta provides us with an ideal opportunity to get our team back together and get out on the water against some top teams, including Alinghi and Desafio Espanol with possibly a fourth team to be added.”

Mike Sanderson, Team Director, commented “There have been many positive conversations going on over the last few weeks regarding the future of the America’s Cup event and so it is great news that we can finally announce today that we get to go racing!! The CNEV regatta has come about with very short notice but we have always kept our team together and so it means we are ready to go racing at any time.

I am certainly looking forward to next week’s sailing and also to the Louis Vuitton Pacific Series early next year. It seems like it has been a long time coming!”

Ben Ainslie, Skipper and Helmsman of TEAMORIGIN added: “Next week’s regatta in Valencia gives us a prime opportunity to get our team together and go racing against some top teams. It will certainly sharpen us up and probably throw us in at the deep end, competing against prolific names such as Ed Baird steering for Alinghi and Paul Cayard for Desafio Espanol. I am raring to go, as are all of the TEAMORIGIN sailing team!”

Watch this space for the other teams’ reaction, especially BMW Oracle!

Alinghi’s statement:

America’s Cup defending yacht club, Société Nautique de Genève (SNG), the Defender Alinghi and their event organising body AC Management (ACM) are taking the necessary steps to get the 33rd America’s Cup back on track in partnership with the Challenger of Record – Club Náutico Español de Vela (CNEV) – and all challengers keen to join the competition.

Over the past weeks, Alinghi team president Ernesto Bertarelli and skipper Brad Butterworth have met with challengers to discuss the future and, to this end, the Defender is re-launching the process of the 33rd America’s Cup with the aim of having it back on the water as soon as possible under terms to be discussed and accepted by all those joining the competition.

“We feel that there is an opportunity to move ahead with the competition,” says Brad Butterworth. “Teams, sailors and the whole America’s Cup community are keen to return to sailing. We want to get this competition going and get the entered challengers to participate in a constructive process. Both GGYC and RNZYS are invited to abandon their respective legal proceedings and join the competition.”

ACM is re-opening entries for a multi-challenger 33rd America’s Cup from now until 15 December 2008 with the intention of having a Match in 2010 in a new and modern class of race yacht and with pre-regattas in 2009 on the existing Version 5 ACC yachts. Teams already entered under the 33rd Protocol along with any new entries will participate in the consultation process to take place in the coming weeks. Subject to a final agreement with the Spanish authorities, the 33rd America’s Cup will take place in Valencia.

Cost containment remains a priority to everyone – all the more significant in today’s economic climate – and the 33rd America’s Cup should be a one-boat campaign for all teams, including the Defender. Alinghi should therefore participate in the Challenger Selection Series to achieve equal opportunity to test its competitiveness.

The new class rule – to be drafted by entered teams – anticipates a fast and powerful monohull with excellent upwind performance and generous sail area for exciting downwind speed. It should be suitable for both match and fleet racing and would be designed for use at other racing events. “The concept for discussion with entered challengers is to design a boat that is faster and more spectacular than the old V5 ACC but significantly cheaper than the AC90 defined in 2007 under very different economic circumstances,” says Butterworth.

If, next year, the New York Court of Appeals ultimately decides CNEV is not the valid Challenger of Record, SNG may be forced to meet Golden Gate Yacht Club in a Match governed by the terms of the Deed of Gift. In this event, ACM intends to continue with a series of regattas in Valencia scheduled for 2009 and 2010; these will be independent of the Deed of Gift Match.

Alinghi, Defender of the 33rd America’s Cup will compete at the Club Náutico Español de Vela’s America’s Cup Class series during their Annual Regatta in Valencia on the 8 and 9 November.

Team skipper, Brad Butterworth, comments:

“It will be great to get back on the water on the Cup boats. SUI100 has been under wraps for over a year now – since we won the 32nd America’s Cup in fact – and we are very fortunate to be set up in Valencia and to be able to take the boat racing in this event; the team is looking forward to getting back to some Cup sailing, even for just two days! This initiative from the Challenger of Record is very welcome and we hope that other teams can come and join the event.”

It remains to be seen if the event gets the same response as the proposed Louis Vuitton Pacific Series to be staged in Auckland. Reports are that Desafío and Luna Rossa will also compete at the Valencia event and may be joined by Team Origin from the UK. 

For more information on this event, go to www.clubnauticoev.com