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On the Golden Gate Yacht Club's claims that the Spanish challenge for the 33rd America's Cup is invalid

Today we've been following some classic America's Cup antics with the Golden Gate Yacht Club taking a pop at the Societe Nautique de Geneve over the supposed 'puppet challenge' for the 33rd America's Cup by the newly formed Club Nautico Espanol de Vela.

Here's some of your feedback about this....

Alastair Walton writes:

It would be a great shame if the final days of the 32nd Americas Cup were remembered for this 'legal positioning', rather than for the breathtaking competition that was the final between Alinghi and ETNZ. Those days reminded us that great sailing makes this event, not great lawyers.

Secondly, it was pretty clear that Desafio Espanol were a credit to their country during the competition. Although I can see why Larry has challenged the CNEV, I hope that these political shenanigans don't distract the Desafio boys from everything that is required to come back and do better next time.

By the way - great coverage during the event James! Well done.

To be frank the sailing situation in Spain is probably more political than it is anywhere in the world - or at least as bad as it is in France and Italy, with major power brokers operating. I agree it would be a shame to sully the Spanish team's performance with some spinelessness in their challenge.

From Scotland Chris Gould writes:

Back to the days of the Kiwi big boat v catamaran challenge?

That thought has crossed all our minds. The multihull aspect of the GGYC's challenge either implies Coutts' involvement or is a historical hark-back to the 1988 'mis-match'

Graeme Sutherland writes:

What struck me about the protocol for the 33rd America's Cup is the lack of details on the proposed 90 foot class.

If Alinghi knows the rule now, and the challengers don't then they have a minimum six month lead in a competition where time, rather than money, tends to be the main restriction. That would give them a major advantage.

The contents of the GGYC's protest included details of the boat that they want to challenge for the Cup in. With dimensions of 90' by 90', it sounds like a giant multihull.

As a friend pointed out, Larry Ellison is rumoured to be negotiating with Russell Coutts, who in turn is working with VPLP on a large, inshore catamaran design.

Could Oracle be looking to hijack the Cup with a World Sailing League boat?

Yes, post-Dicko rumours have been doing the rounds of the Larry and Russell tie up and I would suggest that the multihull (90ft wide indicates a trimaran) is a hint of Coutts' involvement.

Patricia Kerschbaumer writes:

If one wants to dig deep to prove that ACM is in Default in terms of challenger acceptance, they need not look farther than China Team. The Qingdao International Yacht Club was established 5 days prior to the entry deadline specifically to challenge for the 32nd AC. The club had never held a regatta, much less and annual regatta, and had zero members, and zero boats. The QIYC was built to host the 2008 Olympic watersports events. A bonafide challenge was put forth by the Shanghai Boat and Yacht Club and accepted by ACM prior to the acceptance of China Team. This team nullified its challenge upon news that ACM planned to accept China Team as it did not wish to be associated with what would become a violation of the Deed of Gift.

When questioned about this breach, Michael [Marcus?] Hutchison of ACM, stated that they were simply trying to expand the commercial reach of the America's Cup and would do this by any means.

I hope that Mr. Ellison is successful and that the Cup returns to good clean competition. Buying a team is one thing, buying the longest standing event in modern sport is another.

Yes, the validity of China Team's challenge for the 32nd America's Cup was certainly questionable (to put it mildly) and one suspects that if they had been invited to challenge instead of the Club Nautico Espanol de Vela, then this particular can of worms would have been opened. But they came last and it is a good thing to have China in the Cup. The problem is that the Deed of Gift is not geared up to accept challenges from countries with no tradition in yacht racing...

Bill Tyler writes:

Although some of the posturing and the legal manoeuvering of the America's Cup these days can become tedious, I can't help but support the position of the GGYC/BMW Oracle syndicate. The entire challenge by the CNEV appeared from the beginning to be a poorly-veiled, incredibly contrived attempt to place the defender, SNG, in complete control off all aspects of the 33rd America's Cup. For all of the whining over the years regarding the leverage maintained over the competition by the NYYC while the Cup resided in the USA, I have to say that Mr. Bertarelli and company have attempted to establish a new reference standard for this.

The original challenge by SNG seemed questionable in regard to the Deed of Gift, but this one by CNEV is truly laughable. The lawyers will now get rich, but at least the principals can afford to play the game.


Peter Barclay raises his glass to Larry Ellison:

Sounds very interesting. I was very concerned that Alinghi were getting their claws into the Cup and their idea of competing in the Louis Vuitton seemed to me to fly in the face of all the traditions of the America's Cup. Good luck to Golden Gate.


The venerable Commodore of the Royal Malta Yacht Club Georges Bonello Dupuis is keen to move on, particularly to the Rolex Middle Sea Race, starting from his home town on 20 October this year (entries email here )....

I think we're all had enough of the AC for some time now. Lets go offshore for a while..!


From darkest Hove, Mark Robinson writes;

Hurrah! Maybe the GGYC can rescue the 33rd America's Cup from almost certain ridicule and disaster!


Reader Till Herrmann sends us some insight from within Switzerland:

Having sailed both in and around Switzerland for years now, it should be pointed out that the 'Regates en Mer' has been staged for years now and as such has become a stable prelude to the Regates Royale, also in Cannes. The SNG very effectively used this race in the past to justify its 'annual ocean regatta', so it would seem that this is not a cause for debate.

Much more interesting is of course the fact that the Spanish club does not qualify under this rule and that the original Deed would require a challenge in 10 months, should an agreement not be reached between GGYC and SNG. It would seem that this is going to cause Hamish Ross* a few headaches. On the other hand, BMWO would probably choose to race once more (in 10 months) in the V5 IACC boats, and would clearly have their lunch handed to them in five races. In fact, that best thing they could do is keep Dicko as far away from the wheel as humanly possible.

Ah, the Cup..............always good for a laugh!

*Alinghi's General Council

Day's exchange has also brought out the former and current lawyers....

Giles Pearman writes:

Ouch, that must hurt the Spanish – and Bertarelli. Let battle commence.

Just wonderful, never a dull moment. The preliminary jousting is yet again more interesting than the racing. Just as you think you’ve stitched up the potential opposition out comes the Deed of Gift to bite you. What a wonderful document it is.

Peter Hopps sends this:

After a few years at sea, the America's Cup would appear to be returning to its natural habitat - the Courts!

Prior to Desafio Espanol issuing their statement James Davies send us this:

This may just be a lawyerly interpretation but I would suggest that all the Spanish yacht club needs to do is show that it's having its annual regatta this year on the sea or an arm of the sea. There is nothing in the wording to suggest it need actually have had an annual regatta on the sea when it makes its challenge!

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