ISAF confirms secret agreement made with Alinghi

10:45 PM Fri 17 Jul 2009 GMT

'The Challenger of Record is not happy with the stance adopted by ISAF in regard to the 33rd America’s Cup' BMW Oracle Racing &copy Photo Gilles Martin-Raget Click Here to view large photo

Further to the Motions lodged by BMW Oracle racing earlier in the week alleging a secret agreement between the International Sailing Federation and the Societe Nautique de Geneve, the International Sailing Federation today issued the following statement on their website:

The International Sailing Federation (ISAF), the world governing body of the sport, and the Societe Nautique de Geneve (SNG), the trustee and holder of the America's Cup, are pleased to announce that the 33rd America's Cup Match will be conducted under the Deed of Gift provisions, the SNG rules, the ISAF Racing Rules of Sailing and ISAF Regulations as required by the Deed of Gift.

Any changes to the ISAF Rules and Regulations not already covered by provisions within the ISAF Rules and Regulations will require sanction from ISAF.

The Principal Race Officer, International Jury members and International Umpires (if Appendix C is used), will be suitably qualified personnel and will be independently appointed by ISAF. The process of which has already begun.

The statement is more significant for what it doesn't say, rather than what has been announced.

At the heart of one of the BMW Oracle Racing claims to the Supreme Court is that the version of the Racing Rules (RRS) should be that which prevailed at the time of the challenge in July 2007, which BMW Oracle claim restricts the options of race organisers to make amendments to the RRS in respect of movable ballast and use of motive power. While the ISAF statement says the RRS will be used, it is silent on which version.

The world body has also apparently sanctioned the use of the 'SNG rules' whatever they may be.

The agreement reached with SNG has, according to Sail-World's information, not been disclosed to BMW Oracle Racing nor have they been consulted on the arrangements made between ISAF and SNG in respect of the conduct of the Match.

In an affidavit lodged with the New York Surpreme Court, BMW Oracle Racing's rules adviser, Richard Slater states that the existence of an agreement was confirmed verbally by an ISAF Executive Committee member, however ISAF were not prepared to release details of the agreement to the Challenger of Record, BMW Oracle Racing.

Tom Ehman (left) and Russell Coutts pictured at a BMW Oracle Media conference in Valencia - Valenciasailing.com Click Here to view large photo

BMW Oracle Racing's Tom Ehman, a former ISAF Int Judge, asked 'Alinghi has a motor, and powered winches. Has ISAF allowed them to modify that rule? We need to see their secret agreement, not a press release.'

The role of ISAF in this matter would seem to be at variance with their previous stance when called into the infamous 'keelgate' controversy in 1983 over Australia II, when they refused to deal directly with clubs, but instead insisted that they deal with the MNA's (member national authorities) in these matters. Since then ISAF, has been involved in matters involving the America's Cup directly with Clubs and Event Organisers, but usually in a transparent way, and treating all parties equally, which is clearly not the situation in this instance, given the comments from BMW Oracle Racing.

Earlier in the current legal contretemps the Secretary General of ISAF issued a definition of a 'keelyacht' which was tabled as evidence before the New York Supreme Court , by Societe Nautique de Geneve, supporting their stance in the litigation.

Also of concern to the Challenger is the statement is the process outlined by ISAF for any amendments to the ISAF Rules (RRS) and regulations which state that these will only require the 'sanction' of ISAF, with no mention of a consultation between the Challenger and Defender on these matters. Under the Deed of Gift and changes to rules for the event can only be made with Mutual Consent (between the Challenger and Defender), and not arbitrarily by the Defender.

The statement properly confirms that the officials for the event will be independently appointed by ISAF. The America's Cup is one of the events named in the ISAF Regulations where ISAF shall appoint the officials. The statement notes that this process is already underway.

More detail on the agreement reached between ISAF and SNG may be revealed in the New York Supreme Court Hearing next week.

by Richard Gladwell