BMW Wins 33rd AC

Alinghi put forth a tremendous effort today in its attempt to defend the 33rd America's Cup. The Swiss team from the Société Nautique de Genève led for most of the first leg of the triangular course, but couldn't hold off the Challenger BMW Oracle Racing. Alinghi lost the race by 5m26s and the America's Cup Match, 2-0.

Team president and principal helmsman Ernesto Bertarelli congratulated his competitor after the race: “Congratulations to the BMW Oracle team. The boat was faster, there's no question about that.”

Today's race was postponed for more than six hours from the scheduled start time of 10:06 as, similar to Friday, the race committee waited for the wind to settle. Around 16:10 the race committee set a windward mark bearing 100 degrees, just south of due east, and the two crews started at 16:25. Bertarelli guided Alinghi 5 onto the race course on port tack about mid-line, despite receiving a penalty. The crew wanted the right side of the course, hoping for the favourable wind shift. Almost 14 minutes into the race Alinghi 5 tacked to starboard and into a right-hand wind shift that lifted the 90ft load waterline catamaran into the lead. For the next 35 minutes or so both boats held starboard tack with Alinghi, now steered by Loïck Peyron, to windward of the challenger and holding the lead in the wind shift.

Alinghi crossed the challenger near the windward mark, but lost the lead when it tacked to port to approach the mark. The challenger led by 28 seconds at the first mark and then, propelled by its wing, increased that lead by more than 2 minutes at the second mark.

Alinghi was created in 2000 by Ernesto Bertarelli and won the 31st America's Cup at its first try in 2003, defeating Team New Zealand 5-0 to become the first European team to win the Cup. The Swiss team successfully defended the 32nd America's Cup in Valencia in 2007 defeating Team New Zealand again 5-2.

Constructed in Country

Société Nautique de Genève (SNG), the 33rd America's Cup defending yacht club, today presented its opposition arguments to the New York Supreme Court in response to Golden Gate Yacht Club's (GGYC) ninth lawsuit; a misguided interpretation of the ‘constructed in country' (CIC) requirement of the Deed of Gift, the event's governing document. SNG's comprehensive set of papers reaffirms its interpretation that only the ‘yacht or vessel' has to be constructed in the country of the club holding the Cup, and that sails do not.

SNG's affirmations are supported by historical precedent, as reflected in the expert declaration of John Rousmaniere, a leading America's Cup historian, ‘the donors of the original Deed of Gift never contemplated limits on foreign sails or foreign sail technology. Those donors, in fact, hoisted British sails in first winning the Cup with the schooner America. In fact, in adding the CIC clause to the Deed in 1882, George Schuyler, the last surviving donor, sought to ensure that the Cup remained a genuinely competitive event, while preserving the Cup's international character. He thus struck that balance by limiting the CIC requirement only to a competing vessel's hull, but not its sails.'

Additional documents presented to the court confirm that GGYC's CIC claim is factually wrong: SNG's sails were constructed in Switzerland and this fact is supported by an affidavit from Tom Whidden, president of North Sails, and an official certificate of Swiss origin from the Swiss Chamber of Commerce.

“SNG is certain of our yacht's Deed compliance, including the ‘constructed in country' provision and our interpretation is supported by the language of the Deed, historical precedent, and by the Cup donor's intentions,” said Fred Meyer, vice-commodore of SNG. “In any event, GGYC's CIC claim is factually wrong and we have submitted to the court substantial evidence proving that our sails are Swiss made. It is our view that we should go racing on 8 February. GGYC should end their legal strategy to try to delay the Cup and to try to gain competitive advantage over the Defender and should proceed with the competition on the water. If they wish, however, to pursue their latest lawsuit, then the judge should have a close look at BMW Oracle's yacht, which does not comply with GGYC's own interpretation of the Deed,” he concluded.

‘Constructed in country' counter motion

In parallel to the opposition papers, SNG has presented a counter motion stating that, should GGYC's interpretation of the CIC in the Deed of Gift be validated by the Court, then its own boat would be illegal. Affidavits from a number of leading experts in the field of yacht design, such as Duncan MacLane and Nigel Irens, support the fact that GGYC's trimaran is in fact a French-designed boat and not American, as supported by photographic exhibits the boat also includes a number of non-American constructed elements. In addition, BMW Oracle's yacht is not even a sloop, propelled by sails, with a main and a jib, as declared in the American club's certificate of challenge, but a wing-mast rig.

SNG's set of documents showcases how this latest motion by GGYC is in contravention of the spirit of the Deed of Gift and how Larry Ellison's yacht club has forgotten the call for friendly competition between nations.

Giants Arrive in Valencia

In the early hours of Monday, BMW Oracle Racing's race boat arrived in Spain as the team completes its move from San Diego back to Valencia for the 33rd America's Cup next month.
The "Oceanlady" cargo ship arrived in the commercial port of Valencia after 20 days at sea, carrying the BOR 90, the trimaran the team has built to challenge for the Cup.

The "Oceanlady" transported approximately 200 tonnes of equipment from the team's training and development base in San Diego, including the BOR 90 trimaran, the main element of the wing sail, four custom made boxes containing the wing flaps, spare masts, 19 shipping containers, and 10 other boats (RIBs etc.).
The ship was unloaded over the course of the day. With the BOR 90 trimaran, the wing sail and the other cargo now safe on shore, the trimaran and all of its components will undergo a thorough work-up by the shore team to ensure the boat is match fit before the Valencia training session begins.

The 33rd America's Cup defending team, Alinghi, arrived in Valencia, Spain the next day and will transfer to its existing base in the Darsena (the inner harbour of Valencia) over the next couple of days to begin its final preparations towards the Deed of Gift Match that starts on 8 February. The team's catamaran Alinghi 5, the masts and 20 support containers reached their final destination aboard the Cassandra B container ship on Monday afternoon after a 14 day voyage from the team's previous base in Ras Al Khaimah in the United Arab Emirates.

Valencia is Final

In a letter written today to New York Supreme Court Justice Kornreich following the unsuccessful discussions with the Golden Gate Yacht Club (GGYC), the America's Cup Defender, Société Nautique de Genève (SNG), has confirmed that it will conduct a Deed of Gift Match with GGYC in February 2010 in Valencia, which is the date and venue repeatedly requested by GGYC and previously ordered by the Court. SNG has also expressed its intention to publish the 33rd America's Cup Notice of Race with immediate effect.

When SNG's first choice of venue, Ras Al Khaimah, UAE, was declared invalid by the New York Supreme Court, the Swiss Defender proposed two alternative Southern Hemisphere venues: Proserpine/Airlie Beach and Townsville in Australia, where the weather conditions are suitable in February.

GGYC's reaction has been to try to delay the Cup and to continue to try and gain competitive advantage while SNG attended the meetings in good faith with the objective of finding a settlement.

While SNG confirms Valencia as the venue for the 33rd America's Cup in February 2010, the offer to GGYC of an Australian venue for the same date remains on the table until 13 November 2009 provided GGYC agrees to withdraw all legal actions.

SNG Offers Australia

Société Nautique de Genève (SNG), the 33rd America's Cup defending yacht club, has proposed an alternative venue to the American challenger in a bid to end their continued litigation and return the Cup to the water.

Ahead of tomorrow's hearing at the New York Supreme Court, the Swiss Defender has proposed a solution to the legal impasse brought about by the Golden Gate Yacht Club (GGYC). While the Defender's first choice for the Deed of Gift Match is Ras Al Khaimah in the United Arab Emirates, in order to achieve a Match in February SNG proposes to stage the 33rd America's Cup on the east coast of Australia, in the Southern Hemisphere, in compliance with the Deed of Gift. This is a venue that should be acceptable to both teams if, as expressed publicly, the true intention of BMW Oracle is to race for the America's Cup on the water.

A specific race course in the Pacific Ocean off the east coast of Australia, with weather conditions suitable for racing in February, will be announced promptly should GGYC accept this offer and cease their legal strategy. The east coast of Australia offers several locations with ideal sailing conditions for the best-of-three match. A venue in this region would be approximately two and a half weeks away by ship from BMW Oracle's base in San Diego, while Alinghi's voyage from Ras Al Khaimah would take approximately three weeks.

SNG is hopeful that this offer will be accepted and that the competition will resume on the water rather than in court.