An end to the crisis in sight?
Document Actions
In a press release published yesterday, Alinghi announced having amended the Protocol rules of the 33rd America’s Cup to take into account challengers objections, and in particular BMW Oracle Racing objections. The Defender launched its last appeal to the Americans to rejoin the competition and end their legal actions.
The discussions between the Americans and the Swiss have been more clear since the discussions within the Challenger Commission and seems to have had a positive effect. It must be said also that it is no small detail that for the most part, the American side has been led by Russell Coutts, and Swiss by Brad Butterworth. The two men, New Zealanders and friends for a long time, have sailed together in the New Zealand Team and then within the Swiss team in 2003 during exciting times of the Cup. They know and appreciate each other well. We could almost think that they have done everything to bring the Cup to this brink which has paralyzed, for the last three months, the beginning of the 33rd edition.
« The Competitor Commission meetings were set up as a forum to shape the 33rd America’s Cup and this avenue of dialogue is really working for the better of the event. With this and the ongoing design consultation period, which will define the new class rule and competition regulations, we are making good progress towards the 33rd » declared, Brad Butterworth, the Alinghi skipper.
In their press release, Alinghi detailed the changes, which concerned mainly the role of the ACM.
« With regards America’s Cup Management’s (ACM) power to disqualify a competitor, this has been clarified to say that, should a competitor refuse to be bound by the Protocol, then they will have recourse to the Arbitration Panel without risk of disqualification until the Panel rules Secondly with regards ACM’s right to refuse an entry. The amendment is a restriction of ACM’s ‘ability to reject’ to an ability only on very specific grounds, which are: failure to comply with the Deed of Gift, a capacity issue within Port America’s Cup or a need to provide an equitable balance of competing nations.».
The Société Nautique de Genève furthermore declared that if the American Yacht Club withdrew its legal actions, it would be welcome in the 33rd edition of the Cup in as much as the other challengers and would be able to participate in the different Challenger Commission meetings.
The other point which had been raised was the Arbitration Committee, and the power which the ACM had to change the Protocol and other rules.This point had been changed in that “any proposal to make any Protocol changes, related to the way in which the Arbitration Panel works, must be subject to its prior approval.
In addition to this modification, the ACM power to remove members of the Arbitration Committee has been removed. Finally, the point concerning the “neutral management” of the event had been extended to the rules of “fair sailing” and all the related subjects associated with the regattas”.
Ernesto Bertarelli, President of Alinghi, suddenly has made an appeal to the Golden Gate Yacht Club (GGYC): "We would also like BMW Oracle Racing to consider that their action is hindering the opportunity for other teams to enter the competition, and harming the ability of existing competitors to generate sponsorship income and properly plan their challenge."
The question is now to know if these amendments will suffice Oracle. Will they let go by the wayside the validity of the challenger of record and the new class of boat. Both would be for Oracle to the advantage of the defender. These are two subjects, which don’t seem to have been addressed in the press release.
Wait and See !
Fdb/Lh-September 21st
« The Competitor Commission meetings were set up as a forum to shape the 33rd America’s Cup and this avenue of dialogue is really working for the better of the event. With this and the ongoing design consultation period, which will define the new class rule and competition regulations, we are making good progress towards the 33rd » declared, Brad Butterworth, the Alinghi skipper.
In their press release, Alinghi detailed the changes, which concerned mainly the role of the ACM.
« With regards America’s Cup Management’s (ACM) power to disqualify a competitor, this has been clarified to say that, should a competitor refuse to be bound by the Protocol, then they will have recourse to the Arbitration Panel without risk of disqualification until the Panel rules Secondly with regards ACM’s right to refuse an entry. The amendment is a restriction of ACM’s ‘ability to reject’ to an ability only on very specific grounds, which are: failure to comply with the Deed of Gift, a capacity issue within Port America’s Cup or a need to provide an equitable balance of competing nations.».
The Société Nautique de Genève furthermore declared that if the American Yacht Club withdrew its legal actions, it would be welcome in the 33rd edition of the Cup in as much as the other challengers and would be able to participate in the different Challenger Commission meetings.
The other point which had been raised was the Arbitration Committee, and the power which the ACM had to change the Protocol and other rules.This point had been changed in that “any proposal to make any Protocol changes, related to the way in which the Arbitration Panel works, must be subject to its prior approval.
In addition to this modification, the ACM power to remove members of the Arbitration Committee has been removed. Finally, the point concerning the “neutral management” of the event had been extended to the rules of “fair sailing” and all the related subjects associated with the regattas”.
Ernesto Bertarelli, President of Alinghi, suddenly has made an appeal to the Golden Gate Yacht Club (GGYC): "We would also like BMW Oracle Racing to consider that their action is hindering the opportunity for other teams to enter the competition, and harming the ability of existing competitors to generate sponsorship income and properly plan their challenge."
The question is now to know if these amendments will suffice Oracle. Will they let go by the wayside the validity of the challenger of record and the new class of boat. Both would be for Oracle to the advantage of the defender. These are two subjects, which don’t seem to have been addressed in the press release.
Wait and See !
Fdb/Lh-September 21st
@china-team