Team Origin Responds to AC 33 Delay

The following was released on Thanksgiving Day, and it is rather more candid than most of the public utterances we've received on the subject of America's Cup, delays, and legal issues—KLTEAMORIGIN’s ambitions held up by court caseThursday November 22, 2007Britain’s America’s Cup challenge affected as next event is potentially postponed for at least
Author:
Updated:
Original:

The following was released on Thanksgiving Day, and it is rather more candid than most of the public utterances we've received on the subject of America's Cup, delays, and legal issues—KL

TEAMORIGIN’s ambitions held up by court case

Thursday November 22, 2007

Britain’s America’s Cup challenge affected as next event is potentially postponed for at least 12 months

Today, America’s Cup Management (ACM), the America’s Cup event organising authority, has announced that the 33rd America’s Cup, originally scheduled for 2009, will be postponed to a later date. ACM cited the uncertainty surrounding the ongoing court case between San Francisco’s Golden Gate Yacht Club (GGYC) and the defending Socit Nautique de Genve (SNG) as the reason for the delay.

The case, brought by the American team in July of this year, questions the legitimacy of the Club Nutico Espaol de Vela (CNEV), a new Spanish club that became the signatory of the Protocol for the 33rd America’s Cup and Challenger of Record (COR) following the Swiss team’s victory in the previous event. The GGYC, a past COR, offered to drop the case in return for several significant changes to elements of the event’s rules, structure and format. Initially seen as a headache, the situation has grown over the following months into ‘a wall across the road’ for all entities trying to prepare for the next event.

At the same time as TEAMORIGIN and the four other bone fide challengers participated in a consultative process with the Defender and ACM on the Competition and Event Regulations and the new AC90 Class Rule - the exciting new and larger class of boat proposed for the 33rd America’s Cup - the five have also been actively mediating between the two litigating parties.

“Last week we came to within a hair’s breadth of a solution that should have been acceptable to both. Unfortunately the tactics employed by the two have sometimes brought into question the willingness of both to want to find a solution at all,” said Mike Sanderson, TEAMORIGIN’s Team Director.

With this uncertainty hanging over the America’s Cup the teams and the organisation would be unable to finalise commercial and logistical arrangements for 2009 had that date been kept. This now necessary delay is required to ensure that the next competition will be an event of the highest standards and standing possible, something that is expected of the America’s Cup.

“This is a really sad day for the America’s Cup and a bad day for sport,” said said Sir Keith Mills, TEAMORIGIN’s Team Principal. “Disputes like this should not be resolved in a Court of Law. 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. The full rejection of the offer from the GGYC to the SNG made last week meant that any chance of an ‘out of court settlement’ appeared to have gone.

“We can only all hope that common sense will prevail and that over the following days the parties will come to their senses and realise that the offer on the table is a good one for all concerned. If that was to pass then we could all get on with making our respective arrangements for an event in Valencia in either 2010 or 2011. If that doesn’t happen we can only surmise that the greed of one side is only matched by the belligerence of the other.”

Without that common sense, however, the future of the 33rd America’s Cup lies in the hands of the man who presides over the court case, Judge Herman Cahn. It has now been five weeks since his court in New York heard the case and he is expected to hand down his decision on the validity of the CNEV in a matter of days. Depending on the outcome several different scenarios will emerge, all affecting TEAMORIGIN’s plans for the future to a greater or lesser extent.

“TEAMORIGIN is as committed to winning the America’s Cup now as ever however with so much uncertainty as to the dates, venue, rules etc., it is difficult for any of the teams to move forward with their plans,” continued Sir Keith.

“It is also important to remember that until Justice Cahn finds in favour of the GGYC, TEAMORIGIN is a Challenger for the 33rd America’s Cup. However, should he find for the GGYC and the SNG adopt their stated position of accepting the GGYC’s Deed of Gift challenge then the validity of the current Protocol will cease and the status of TEAMORIGIN as a Challenger for the 33rd America’s Cup will also end. In that case TEAMORIGIN will have to calculate the implications for the event and the team and make its plans accordingly,” concluded Sanderson.

Related

CCA-story-2048x

Safety Culture Starts with the Skipper

Sailing might not be the first pastime that comes to mind when you think of extreme sports, but that’s not to say risks don’t abound. The Cruising Club of America tackles many of them head-on in their newly released guide for skippers, Creating a Culture of Safety: The Skipper’s ...read more

GMR19_F53_0539

Boat Review: Beneteau First Yacht 53

Luxury performance-cruising isn’t entirely new. You can go fast and still be comfortable. You can even race if you make the right tradeoffs—or so says Groupe Beneteau, which recently launched its First Yacht 53, in the process also reinventing the company’s “First” brand. ...read more

BirdonBoard

Cruising: Birds of a Feather

One of the neatest things about sailing offshore is the other lifeforms we encounter. We smile when we see flying fish skimming over the surface of the sea. We cheer when dolphins leap and dance in our bow waves. We are duly reverent when mighty whales sound and spout, and ...read more

pirate-marlin-logo

Pirate’s Cove Billfish Tournament

This Spring has felt a bit like a slow day of fishing but it’s almost time to time to Bait…and Switch. The Pirate’s Cove Billfish Tournaments offer something for every member of your crew. Exceptional fishing, fun times with family, old friends and new. Our run is short, our ...read more

Tusk.00_00_16_21.Still001

Tusk by Spyderco

Spyderco's Tusk knife combines a blade and marlinspike to create a multitool perfect for marine use. Made with corrosion resistant materials like titanium and LC200N steel, a nitrogen alloyed steel, and Spyderco-exclusive locking mechanisms, this knife is one of the toughest ...read more

IY11.98_fTaccola©DJI_0200

Italia 11.98 Performance-cruiser

This past winter, SAIL principal editor, Adam Cort, check out the new Italia Yachts’ new 11.98 performance-cruiser at the boot Dusseldorf show in German, and says he can attest to the fact it’s a boat more than worthy of the attention of North American sailors. Available in ...read more

01-LEAD-2017_IDALEWIS_0219

Racing: Doublehanded

I was born in 1955, and although I was a tad young to actually follow the first Observer Single-Handed Transatlantic Race, I grew up in the age of the pioneers of solo offshore sailing—Francis Chichester, Robin Knox-Johnson, Alec Rose, all Knighted for their singlehanded ...read more

newport-400c-updated

Spectra Watermakers

The world's quietest and most energy-efficient watermakers. Our product line ranges from hand operated desalinators that can make 6 gallons a day to our largest system that produces 20,000 gallons of fresh, potable water per day. Spectra Watermakers has the complete package: ...read more