It appears we might be reaching the beginning of the end, with a press release issued by America’s Cup Management (ACM) on 13th November. The first part was pretty uncontroversial, announcing the release of the Event Regulations. These are the final part of the rules that will govern the 33rd America’s Cup, under the Protocol announced by Alinghi and the Société Nautique de Genève (SNG) back in July (feels a lot longer…).
The Event Regulations cover the commercial basis of the event, and include a deadline for entry, the 15th December – the entry fees and performance bond add up to a million Euros, which should separate the men from the boys.
So far so good, it’s the final paragraphs that smack of an ultimatum…
‘All the elements required to proceed with a successful competition in 2009 are now in place, and have the support of the Challenger of Record and all the existing competitors. However, the possibility of a race for the Cup in 2009 is impaired because of the negative effects that Golden Gate Yacht Club's (GGYC) lawsuit is having on sponsors and other arrangements for the Event.
The Société Nautique de Genève (SNG) has therefore required GGYC to withdraw its lawsuit by November 16 at 1700 hours, New York time, and to clarify its position with regard to its participation in the 33rd America's Cup.’
Right…
The response from the GGYC was swift and pointed, saying that Alinghi had called off the talks that might have produced a negotiated settlement ahead of the court case. Tom Ehman was quoted as saying for GGYC…
‘This is highly surprising and disappointing. We had accepted assurances from challengers that the new design rule was fair and we were confident yesterday that other outstanding points were well on their way to being resolved in a way that was good for everyone.
‘We offered to drop our legal challenge in return for Alinghi making the agreed changes to the rules. The other challengers have been very helpful in getting us to what we thought was virtual agreement.
‘But only hours later, Ernesto Bertarelli’s lawyer, Lucien Masmejan, called to say they would not proceed with the settlement.
‘We hope they will reconsider their position, and we remain open to further discussions before a court ruling that could come any day.’
Just as entertaining is the private exchange of letters ahead of these public pronouncements, which the GGYC have kindly posted on their website. First up, SNG/Alinghi’s letter to the Golden Gate, saying much the same thing as the press release – enter and drop the lawsuit, or … umm, well, actually there was no ‘or’...
Then GGYC/Oracle’s response, which says that SNG must have known GGYC would reject this ultimatum - as they have rejected all the others - and so GGYC conclude that SNG want the court case to proceed, and have given up on racing an America’s Cup in 2009. The letter offers to continue the negotiations...
So, there you have it – what does it all mean? Justice Cahn is the man with all the cards…
Meanwhile, United Internet Team Germany (UITG) have been hiring sailors. And Team Shosholoza have announced a new designer, Alex Simonis (best known for 90 footer Nicorette, line honours winner in the 2004 Sydney-Hobart), to replace Jason Ker, who had previously decamped for UITG…
www.markchisnell.com
Mark Chisnell ©
The Event Regulations cover the commercial basis of the event, and include a deadline for entry, the 15th December – the entry fees and performance bond add up to a million Euros, which should separate the men from the boys.
So far so good, it’s the final paragraphs that smack of an ultimatum…
‘All the elements required to proceed with a successful competition in 2009 are now in place, and have the support of the Challenger of Record and all the existing competitors. However, the possibility of a race for the Cup in 2009 is impaired because of the negative effects that Golden Gate Yacht Club's (GGYC) lawsuit is having on sponsors and other arrangements for the Event.
The Société Nautique de Genève (SNG) has therefore required GGYC to withdraw its lawsuit by November 16 at 1700 hours, New York time, and to clarify its position with regard to its participation in the 33rd America's Cup.’
Right…
The response from the GGYC was swift and pointed, saying that Alinghi had called off the talks that might have produced a negotiated settlement ahead of the court case. Tom Ehman was quoted as saying for GGYC…
‘This is highly surprising and disappointing. We had accepted assurances from challengers that the new design rule was fair and we were confident yesterday that other outstanding points were well on their way to being resolved in a way that was good for everyone.
‘We offered to drop our legal challenge in return for Alinghi making the agreed changes to the rules. The other challengers have been very helpful in getting us to what we thought was virtual agreement.
‘But only hours later, Ernesto Bertarelli’s lawyer, Lucien Masmejan, called to say they would not proceed with the settlement.
‘We hope they will reconsider their position, and we remain open to further discussions before a court ruling that could come any day.’
Just as entertaining is the private exchange of letters ahead of these public pronouncements, which the GGYC have kindly posted on their website. First up, SNG/Alinghi’s letter to the Golden Gate, saying much the same thing as the press release – enter and drop the lawsuit, or … umm, well, actually there was no ‘or’...
Then GGYC/Oracle’s response, which says that SNG must have known GGYC would reject this ultimatum - as they have rejected all the others - and so GGYC conclude that SNG want the court case to proceed, and have given up on racing an America’s Cup in 2009. The letter offers to continue the negotiations...
So, there you have it – what does it all mean? Justice Cahn is the man with all the cards…
Meanwhile, United Internet Team Germany (UITG) have been hiring sailors. And Team Shosholoza have announced a new designer, Alex Simonis (best known for 90 footer Nicorette, line honours winner in the 2004 Sydney-Hobart), to replace Jason Ker, who had previously decamped for UITG…
www.markchisnell.com
Mark Chisnell ©