The America's Cup darkest hour

With the 33rd America's Cup on hold we look at what might happen from here

In less than six months, the America's Cup has gone from what was arguably the most successful ever staging of yachting's premier event, to its darkest hour, culminating in yesterday's announcement that the 33rd America's Cup, which ACM had scheduled for 2009, is to be postponed due to the litigation brought by the Golden Gate Yacht Club (BMW Oracle Racing/Larry Ellison) against the defender, the Societe Nautique de Geneve (Alinghi/Ernesto Bertarelli).

Yesterday's news came as little surprise within Cup circles. But, as ever within this bizarre and unique 'sports' event, there is news and there is subtext.

The case in the New York Supreme Court has made life tough (to put it mildly) for ACM in their trying to plan the 33rd America's Cup, bringing what CEO Michel Hodara politely describes as "uncertainty" to the event. But it is also makes challenging nearly impossible too. For America's Cup challengers under normal circumstances it is already hard enough not knowing the venue, date and format of the racing until such time as the previous event has been won and the new challenger and defender have reached agreement on a Protocol. But in addition to this, now having the future of the event placed squarely in the hands of a judge, capable of swinging the event in one of two very very different directions, makes it unfeasible for challengers to plan their campaigns, let alone raise funding. Effectively for everyone concerned the Cup is on hold awaiting Justice Kahn's ruling.

The subtext of yesterday's announcement is of course that Ernesto Bertarelli hopes it will be the killer blow to BMW Oracle Racing's case, or at least any remaining support Ellison's cause has. "See everyone - their court case has ruined our game," is the message. Already this week we have seen Vincenzo Onorato's Mascalzone Latino, originally one of BMW Oracle Racing's staunchest allies in the fight against Alinghi's dictatorial protocol, sign up as an official challenger to the Swiss vision of the next event.

The timing of yesterday's announcement is also interesting. While Michel Hodara may hear the clock ticking loudly if he is to stage a successful event in 2009 with all kinds of pressure on his organisation from sponsors to ACM's backers in Valencia and the Spanish national government, why did he have to make an announcement at all? Is it to show that ACM still have some control in this? Effectively the decision will be made any day now - in fact it is overdue - but by the New York Supreme Court. If the ruling goes in favour of the Societe Nautique de Geneve, then surely it could have been business as usual?

However if it goes the way of the Golden Gate Yacht Club then all hell breaks loose.

In ACM's announcement yesterday it states that the event has two possible paths depending upon which side wins in New York. If it is Bertarelli/Alinghi/SNG, then ACM's plans are likely go ahead along the lines already announced, but to a revised schedule with the 33rd America's Cup held presumably in 2010 or 2011. This, they state, could be further hindered by the GGYC appealing the judge's decision.

If Ellison/BMW Oracle/GGYC win and Justice Kahn deems the present Spanish Challenger of Record to be invalid, then GGYC becomes the Challenger of Record (having already lodged a challenge with the SNG back in July, on the basis that their challenge is valid while that of the newly formed Club Náutico Español de Vela isn't). Normally then the Challenger of Record and the Defender would negotiate a mutually acceptible Protocol.

The smart move at this point would be for defender and challenger of record to agree to racing in the AC90 to ACM's original schedule but coming up with a new Protocol that hands some power back to the challengers. This would surely be enough to placate BMW Oracle Racing/GGYC/Ellison?

However since at this stage even Kofi Annan would find it hard to get the warring factions to agree on anything, in their statement yesterday ACM indicated that if Bertarelli/Alinghi/SNG lost it would go straight to a 'Deed of Gift' America's Cup, ie an event without a protocol and sailed under the 'lowest common denominator' rules of the Deed, as was the case in 1988. Ie - no negotiation.

In this case the Deed states that "the competing yachts or vessels, if of one mast, shall be not less than 44ft nor more than 90ft on the load water-line; if of more than one mast then they shall be not less than 80ft or more than 115ft on the load waterline." By implication boats must draw no more than 22ft.

The Deed also states that the "Challenging Club shall give ten months' notice in writing, naming the days for the proposed races" (you see - the challenger does normally get to call the shots... )

Also significant is that the Deed states: "in case the parties cannot mutually agree upon the terms of a match, then three races shall be sailed, and the winner of two of such races shall be entitled to the Cup."

Scarily, considering the short courses we have become used to, in a Deed of Gift America's Cup the race format is:
race one - 20 nautical miles to windward and return
race two - an equilateral triangle of 39 nautical miles (the first side being a beat to windward)
race three (if necessary) - 20 nautical miles to windward and return.

There will be a break of one week day between races, and according to the Deed, the defender gets to decide upon the location of the race course.

Since beam is not mentioned in the Deed of Gift, and in fact 'sliding keels' are actively promoted in this ancient document, then multihulls are clearly permissible as Dennis Conner's Stars & Stripes proved so conclusively in 1988. Thus a GGYC win in New York means an America's Cup in multihulls presumably within the shortest possible time frame, ie more than 10 months from when the Challenge was delivered. In GGYC's challenge to the SNG of 11 July, it states the competition dates as being 4, 6 and 8 July 2008.

The GGYC's challenge also states the maximum dimensions of their challenging yacht as being LOA 90ft, a sloop, with maximum beam of 90ft, a hull draft of 3ft and draft with boards down of 20ft.

If a multihull America's Cup comes to pass then both sides hold considerable experience. While there is not so much experience within his team (apart from bowman Jan Dekker who used to race on Groupama) Ernesto Bertarelli has campaigned catamarans on Lake Geneva for many years and presently owns a D35.

Of course in the BMW camp Russell Coutts has also regularly sailed in D35s and also is firmly in with the French, who have by far the most experience in this type of sailing. Coutts and Cayard have had their World Sailing League boat designed by French architects VPLP and word has it that they have been making enquiries about a 90 footer. According to Nigel Irens and Benoit Cabaret, the other leading racing multihull design house, rumours that Alinghi have been in contact with them are unfounded.

All the conjecture about a multihull America's Cup talks of catamarans. Certainly Coutts and Bertarelli have more experience on two hulls than three, but will catamarans be faster than trimarans in a Deed of Gift America's Cup? Past experience indicates this not to be the case - trimarans have become the de facto boat over catamarans over the 20 year history of the ORMA 60 class, where LOA and mast height are limited. Back in the 1980s, a young man called Jean le Cam also dominated the Formula 40 multihull class in his Biscuits Cantreau trimarans, where length, sail area and displacement were limited. Given that the GGYC have specified a maximum beam of 90ft (rather than say 60ft) then it would imply BMW Oracle Racing are also considering trimarans.

If it comes to a Deed of Gift America's Cup, then there are many questions to be answered. Back in July, Ellison said that if it came to a Deed of Gift America's Cup then he would be open to a challenger selection series. Assuming he stands by this now, would any of the other challengers be bothered to go to the expense and effort of developing a 90ft multihull or would they just let the billionaires slog it out? If a Deed of Gift America's Cup was won by Alinghi, could it not just be a case of Groundhog Day?

As a multihull enthusiast we are of course intrigued by the prospect of a Deed of Gift America's Cup but there is absolutely no doubt it will be devasting, in the short term at least, to the our sport's greatest event and the many many individuals it employs .

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