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3:05 AM Fri 3 Apr 2009 GMT
 | | 'Russell Coutts and Brad Butterworth - Louis Vuitton Pacific Cup. These two will now once again be competing in the same America’s Cup.'
Crosbie Lorimer
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'Going Forward' is one of the most abused terms in the corporate vocabulary, but in the aftermath of the Appeal Court Decision from New York, there can only be forward momentum in the America's Cup.
The current attitude of the general media seems to be overwhelmingly negative, as it always is towards anything, to do with the America's Cup, other than an America's Cup win.
This morning's media conference focussed on how long would Team New Zealand be able to survive, given the decision in favour of Golden Gate YC, and the prospect of a deed of Gift match sailing 90ft multihulls.
But how real is that option?
Joining up the dots in the America's Cup is nearly impossible in the Deed of Gift match scenario.
It is much easier to do so, in a multi-challenger event to be sailed in July 2010, building off the work that has been done to date.
On the positive side there have been:
Six Competitor Meetings, which have:
- sorted a manner of issues with the original Protocol.
- come up with three versions of a design rule for a new 'box rule' America's cup yacht.
- attracted a field of 19 challengers - mostly from Europe.
- come up with some ways of cost reduction in the event.
America's Cup Management have signed a deal with the city of Valencia for the conduct of the 33rd America's Cup.
Outside that circus, the Louis Vuitton Pacific Series has been conducted - producing a surprisingly good event, with new teams competing against the more established campaigns, and giving sailing fans a taste of what could be.
The discussion on a multi-challenger event will probably be predicated around the Ten Point Plan put forward by BMW Oracle Racing in November 2008:
1. Once the changes to the Applicable Rules are completed, any further changes to Applicable Rules governing AC33 shall be mutually agreed between Defender and the Challenger of Record (COR) (subject to point #2).
2. All Challenger of Record decisions, including agreeing to the ACC Rules, Event and Competition Regulations, shall be made by majority vote of the Challengers in a Challenger Commission, one vote per team, including the COR who also has one vote, except that material amendments to the Protocol, Event Regulations or Competition Regulations, once agreed and issued, can be made only by unanimous vote of Competitors.
3. The current Arbitration Panel shall be dissolved and a new Arbitration Panel shall be appointed comprised of five members; SNG and the Challenger Commission shall each appoint two members, and the other four shall select the fifth member.
4. The Defender can race in the Challenger Round Robins, Challenger Sail-Off and Challenger Secondary Series. The Defender cannot sail in the Challenger Semi Finals and Final. Larry Ellison's letter of 17 October 2008 to Ernesto Bertarelli offered several options in this regard, which BOR stands by.
5. The 'Fair Competition' clause (2.3 of the Protocol) shall be expanded to include the Officials, Sailing Jury and Arbitration Panel.
6. The Defender and Challenger of Record shall jointly appoint a Regatta Director who shall be responsible for ensuring fair races are conducted in accordance with the terms of the Protocol. The Regatta Director shall have the same powers as for the last America's Cup (he or she appoints/manages race committee, appoints measurement committee, umpires, and other officials as needed, prepares and publishes Notice of Race and Sailing Instructions).
7. Entries from AC32 challengers shall be accepted and not thereafter disqualified provided continued compliance with the rules, and then only by the Arbitration Panel.
8. AC33 shall be held in Valencia with AC32 teams retaining their bases if they desire. In addition, the format and Schedule to be published by ACM ahead of time and not to be altered without consent of affected Competitors.
9. Each Challenger and the Defender may be limited to building only one new boat. As a result of this change, and as consideration for allowing the Defender into the Challenger selection series, there can be no Defender selection series.
10. There shall be no restrictions on Competitors' sponsors or any control by the Defender or ACM over Competitors' sponsors beyond the traditional restrictions (e.g., no tobacco sponsors). Moreover, ACM shall not ambush existing team sponsors, and if ACM secures an Event sponsor that conflicts with a major sponsor of a Competitor, that Competitor shall be under no obligation to display ACM sponsor logos on its yacht, base or team gear or otherwise promote or associate with such Event sponsor.
Much of the above has already been adopted in the Competitor Meetings, the rest wouldn't seem to be too difficult. Some of the individuals already appointed may be changed out, but that is not a barrier to a multi-challenger event.
Looking at the Deed of Gift Match - the scenario is very fraught.
Timing - has to be 10 months from today's date which pitches the event into February or March 2010 - outsise the window allowed for a Northern hemisphere Match which is between May and October. That means some form of resolution of the date/venue issue which can only be done by mutual consent (unlikely), or a return to the Courts for definition and ruling (also unacceptable).
BMW Oracle will be unwilling to extend the date for a Deed of Gift Match, as they would believe themselves to be well ahead of Alinghi in terms of preparation, and would wish to preserve that advantage.
Measurement - there will undoubtedly be measurement issues stemming from the Challengers compliance with her Customs House Registry certificate, given the type of yacht - a 90ft multihull and the arguments raised about the description of the yacht during the Court Hearings.
Similarly with Alinghi - particularly if they chose to Defend with a 115ft LWL (multihull?) yawl as rumoured.
On virtually every aspect of the Deed of Gift Match is there is potential for argument, and potential for referral back to the Court and more litigation.
The principal barrier to a multi-challenger match would seem to be the distrust between the parties.
That has been long standing, and primarily legal posturing. However with the final Decision now made, a little flexibility and goodwill between both sides, plus a lot of support from the other now 20 Challengers, the sailing world should be able to see a multi-challenger event take place in the next 18 months. And the America's Cup world can at last get back into gear and start 'going forward'.
by Richard Gladwell
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