America's Cup Jury rules that there will be no wind limits for Match

7:40 AM Wed 3 Feb 2010 GMT

'USA-17 sailing downwind in 22kts of breeze off Valencia' BMW Oracle Racing &copy Photo Gilles Martin-Raget

In a decision just announced the five strong International Jury has ruled that the wind limits written into the Notice of Race for the 33rd America's Cup are illegal, and will not apply for the match which starts in five day's time on Monday 8 February.

Societe Nautique de Geneve, the Defender of the America's Cup and also the organiser of the racing had sought to impose a wind limit on the racing of approximately 15 kts measured at 60metres (about the height of the top of their yacht, Alinghi 5's mast).

The Challenger, BMW Oracle Racing, claimed this measurement would reduce down to about 11kts at a lower level - just a nice sailing breeze - about a Force 3 or 4 on the 12 point Beaufort Scale - racing would normally not be started when conditions reached a Force 6-7 on that same scale - depending on sea conditions.

It was alleged that the light wind range was set by the Defending Club to favour its yacht.

The International Jury would appear to have taken the prescription of the 19th century Deed of Gift for the America's Cup which is the predominant document in the Match, which is being sailed without any agreement from either side on Match conditions.

The Deed of Gift prescribed a time limit only for each race to be completed, and not minimum and maximum wind limits to apply before the start or during racing.

BMW Oracle racing recently trained in winds of 22kts at sea level (Force 6) and came through the experience unscathed. It is not known how far up the wind scale Alinghi has been testing.

Now whether racing proceeds or is called off will be determined by the Principal Race Officer, Harold Bennett, who is constrained to some extent by the International Sailing Federation's rules, but can make subjective assessments on safety issues. Those rules prescribe five circumstances in which a race may be called after after starting.

For detailed explanation of the five issues which faced the International Jury and the expected outcomes click here

The International Jury and Competitor representatives meet in Valencia - Valenciasailing.com Click Here to view large photo

Earlier the International Jury for the 33rd America's Cup has ruled on the amount and location of water ballast allowed to be used by the America's Cup Defender, Alinghi.

No decision has yet been published by the International Jury, on that matter and all we have to go on at this stage is the statements of the respective teams.

The nature of the protest has not been disclosed either.

Essentially there are three issues with this type of question, which is peculiar to the measurement of Load Waterline Length in the America's Cup.

Firstly, Alinghi carries water ballast to provide original righting moment as required. Initially her club, Defender Societe Nautique de Geneve published rules saying that water ballast did not have to be included in the LWL measurement. However Justice Shirley Kornreich over-ruled that decision and determined that waterballast had to be on boat when the LWL measurement was taken.

Secondly, Justice Kornreich did not rule on where the water ballast had to be located. meaning that Alinghi could position the water ballast anywhere they liked for measurement to get under the 90ft maximum length allowed, and then reposition the ballast to optimise the yacht for racing and that action could take her over the 90ft LWL measurement and still remain legal. The Int Jury seem to have confirmed this view.

The practice of rotating yachts by gear placement for measurement is common, and varies from type to type depending on the rule being used and the way the measurement rotation can be offset by the judicious placement of gear not included in the rating.

The third issue, and the only one which seems to be unclear, is how the Measurer can be certain that Alinghi 5 will not be carrying more than the prescribed amount of water ballast during racing and dump some or all of it for the final downwind leg(s).

A report of the first Jury Hearing on the waterballast issue can be found by clicking here .

For a more detailed explanation and diagrams of the waterballast issue see a Gladwells Line commentary published in November last year.

The Media Statement issued by the Defender and Challenger after the Water Ballast Hearing and ruling are:

Alinghi says:

America's Cup Jury denies BMW Oracle request for redress

The ISAF appointed international jury denied BMW Oracle's request for redress regarding measurement of the competing yachts

The ISAF International Jury for the America's Cup issued an interim decision late Tuesday night rejecting the challenger, BMW Oracle's latest complaint regarding the position and volume of the water ballast onboard the racing yachts during measurement.

'We are pleased that the jury upheld the New York Supreme Court and expert panel decision of November 2009. This is a positive step towards the America's Cup - we are glad that measurement can go ahead as scheduled and that the challenger's request for redress has been denied. With just a few days to go before the first race of the 33rd America's Cup, the team is fully focused on race training and preparations,' said Grant Simmer, Alinghi design team coordinator.

BMW Oracle says:

Statement by Tom Ehman, GGYC spokesperson:

Competitors will be able to use water ballast in the coming 33rd America's Cup commencing in Valencia on Monday, provided that the amount used to benefit performance is also in position when the boat is measured.

This verdict of the International Jury was made tonight following a hearing in Valencia.'It puts the onus on the measurer to guarantee that the amount and location of ballast aboard for measurement is solely to enhance performance, not circumvent the waterline requirements of the Deed of Gift,' said GGYC spokesman Tom Ehman.

The Deed of Gift sets an absolute limit of 90ft on the load waterline (LWL) for single-masted vessels.'This means Alinghi might squeeze under the 90ft limit for measurement, release the ballast and then may race a boat longer than 90ft LWL,' Ehman said. 'We don't fully agree with the decision, but GGYC accepts it, and are ready to race.'

BMW Oracle said earlier:

Statement by Tom Ehman, GGYC spokesperson

The five-person International Jury for the 33rdAmerica's Cup met for the first time today.

Under consideration were five vital requests by GGYC to ensure fair andequitable racing:

. Can the defender unilaterally select wind and wave limits?
. Is Mutual Consent required to select race start times?
. Can wind detection equipment be used?
. Can friction reduction systems be used?
. Are the regatta rules contradictory?'

The fact the hearing lasted from 1100 to 1730 proves that the issues being considered are significant and that the Jury gave the challenger and defender full opportunity to present their cases,' said Ehman.

The meeting was adjourned.

International Jury Chairman David Tillett indicated that the findings of his panel will be released tomorrow afternoon.A further hearing concerning GGYC's request for redress over measurement will also be heard tomorrow at 1900.

by Richard Gladwell