Tuesday, October 23, 2007

TV New Zealand reports on the NY court case

Here's an interesting report on TV New Zealand from the NY court case, including footage from inside the court room. After watching Martin Tasker's excellent report one wonders whether any progress has been made during the last 4 months.

Video copyright TV New Zealand

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At 11:47 AM, Anonymous Brian said...

Great footage, Pierre.
Things don't seem clear for CNEV as they might be qualified in the next few days as a non-eligible as CoR and so the Protocol is unvalid.
The negotiated solution will probably be to have a different CoR among the registered challengers (probably Team Origin) and to agree for a three-parts protocol involving BMW Oracle as well.
By the way, any news from Desafio Español or its represented club, the CNEV? Actually, THEY are the critical issue in this legal battle.

At 5:39 PM, Blogger sailboatracer said...

Key points regarding this dispute:-
1. CNEV have defined a protocol the content of which would probably be considered as reaonably normal if CNEV were the organisers of an open regatta and they were providing a trophy for competition by yachts of a specified design.
2. However in this case, CNEV are also competing for (or to be more specific defending) the trophy through their representative Alinghi. So the ability of CNEV to define key aspects of the rules such as appointment of officials, adjudicators, eliminate the appeal processes etc completely slants the rules in their favour.
3. Neither CNEV or Alinghi own the America's Cup. Holders of the America's Cup have to abide by a set of rules (Deed of Gift) which were laid down when the owners of the America's Cup presented the trophy for competition.
4. Oracle through GGYC have gone to court to say that the current Challenger of Record does not comply with the requirements laid down in the Deed of Gift and hence the next America's Cup Challemge cannot go ahead until a valid Challenger of Record is appointed. If the current Challenger of Record is invalid than the event protocol which they agreed with CNEV/Alinghi is also invalid.
5. Next step is a ruling from the court on the case (ie the validity of the current Challenger of Record). Focussing on the Challenger of Record issues would indicate that the court decision is more likely to be in favour of GGYC/BMW Oracle rather than CNEV/Alinghi.
6. There is a lot of PR and media attention relating to negotiation between CNEV and GGYY on specific items of the protocol but this overlooks the fact that there are numerous issues which are biased in favour of GGYC and which Oracle wants changed.
7. If the court rules in favour of GGYC then the options are for GGYC to proceed with the challenge as submitted for a competition between 90ft boats or for CNEV/Alinghi and GGYC/BMW Oracle to sit down and agree a fairer protocol, which allows the next competition to continue with the registered challengers plus more who would presumably participate once the uncertainties are removed. The latter situation would be the best outcome which allows an exciting global event to take place building upon the excellent event in Valencia.


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