Gladwell's Line: ISAF jumps gun on release of confidential document?

12:33 AM Thu 17 Sep 2009 GMT

'Larry Ellison was no doubt surprised by the release of the confidential America’s Cup agreement that he had railed against.' Nico Martinez / RC 44 Cup &copy Click Here to view large photo

The International Sailing Federation have released the hitherto confidential America's Cup agreement apparently ahead of an authorisation by the New York Supreme Court.

Yesterday permission was sought from the New York Supreme Court by online newletter, Sailing Scuttlebutt's America's Cup correspondent Cory Friedman, who had filed papers with the Court to have the agreement made public.

A telephone conference was believed to have been scheduled for tomorrow to discuss the release of the document, no doubt triggered by Friedman's claim, published yesterday that he had obtained a copy of the document via a public channel.

However, be that as it may, it seems that all parties involved were quite happy for the document to be released> Quite why it was that confidential in the first place is not clear, as all the key points as to venue fee and the fee charged by ISAF had been previously, and voluntarily announced.

ISAF have also applied to the Court to join the proceedings as an Amicus Curiae (Friend of the Court) to explain certain processes - an area that Golden Gate YC had covered off with an earlier submission from Bryan Willis one of the most experienced ISAF Int Judges and Umpires

The full documents can be read at www.sail-world.com/files/33AC_SNG_ISAF_Agreement.pdf and an explanatory letter at www.sail-world.com/files/33AC_LetterSNG_ISAF.pdf

The principal areas of concern, alluded to by BMW Oracle's Larry Ellison, in the agreement relate to the Clauses 5 and 7 of the Agreement which give Societe Nautique de Geneve sweeping powers over the writing of the Rules, altering of interpretations, and the ability to seek confidential interpretations from the race officials on rules before issuance of documentation.

However in a letter written yesterday, to the International Sailing Federation, the Societe Nautique de Geneve has voluntarily agreed to water down the use and limit the effect of those powers.

Both the agreement and covering letter were released by the International Sailing Federation today.

Another key point in the agreement is the appointment of New Zealander, Harold Bennett, as the Principal Race Officer for the 33rd America's Cup. Bennett is also believed to be the Event Director for the organiser, Defender and competitor, Societe Nautique de Geneve. While this apparent conflict may cause some issues in other regattas, this is essentially a two or three race event over two or three days, and Bennett should be able to cope with the dual responsibilities.

Bennett has previously been involved in America's Cup Race management, and is highly experienced.

Part of the agreement precludes the appointment of key officials who are nationals of either the US Challenger or Swiss Defender.

Nowhere in the agreement is there any mention of consultation with the Challenger Golden Gate Yacht Club on matters of conduct of the Match.

The Match is scheduled to take place on 8 February 2009 in Ras al Khamiah (UAE), subject to further matters which are under the consideration of the Appellate Division of the New York Supreme Court. The controversial venue may also be further challenged in the New York Supreme Court by Golden gate Yacht Club.

by Richard Gladwell

Newsfeed supplied by

#News #Sailing

Gladwell's Line: ISAF jumps gun on release of confidential document?

Sports/News

Weather Forecasts & Live Reports

Buy & Sell/Classifieds