AC34 Draft Protocol released

Stingray

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Nationality:

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(g) EITHER

In accordance with past practice in America's Cup competition prior to 1980, there

shall be no requirement regarding the nationality or residency of any crew

member, nor of a Designer, of a Competitor's competing Yacht.

DRAFT 23 June 2010

Page 16 of 56 DRAFT

OR

At least 20% (rounded up) of crew members on board at the start of every race

shall be nationals of the country where the yacht club is based. The rules and

interpretations governing nationality shall be the same as used by the International

Olympic Committee as at the date of this Protocol.

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Class Rules, does this mean V5's thru 2011?

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11.1 Applicable documents: The Event shall be governed by:

( a ) the Deed of Gift;

( b ) this Protocol;

( c ) the America's Cup Class Rules for all regattas held after 1 January 2012 , but the

ACC Rules for Pre-regattas held prior to 31 December 2011; and

( d ) the Racing Rules.

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later:

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26.2 Eligible Yachts:

( a ) The 2011 Class Yachts shall be used in all Pre-regattas held in 2011.

The event authority shall announce the boat and relative rules that have effect for

this class no later than 30 days after the publication of the America’s Cup Class

Yacht design rule.

( b ) For the Pre-regattas held after 31 December 2011 and the Regatta, America’s

Cup Class Yachts shall be used.

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later:

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26.4 New Yacht rules: Each Competitor may only build, acquire or otherwise obtain a

maximum of two new America’s Cup Class Yachts.

( a ) Competitors shall be required to satisfy the requirements of Article 9 (f)(ii) for one

new America’s Cup Class Yacht on or before 31 December 2011,

( b ) and shall not launch a second new America’s Cup Class Yacht before a date

which is nine calendar months before the first scheduled race of the Match.

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Wow - Challengers select their own CSS format:

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21.2 The format of the Challenger Selection Series shall be agreed by the Challengers with

the Regatta Director who shall not unreasonably withhold his approval on or before 1

March 2011. The period of the Challenger Selection Series shall not extend more than

two months. If no agreement is reached or the approval of the Regatta Director is not

obtained by such date the Challenger Selection Series shall have the same format as is

practicably possible to the Challenger Selection Series held immediately prior to the

32nd America's Cup Match.

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Interesting too:

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24.1 Challenger Selection, Defender Trials and Match Venue(s) Announcement: The

venue(s) and timing of the Regatta will be announced by GGYC on or before 31

December 2010. The Match may be in more than one Venue.

--

 
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White Lightnin'

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I do like this one

7.2 Challenger Qualifications:

Challengers are required to meet the qualifications for a

challenger prescribed in the Deed of Gift.

WL

 
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jorgensen

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I do like this one

7.2 Challenger Qualifications:

Challengers are required to meet the qualifications for a

challenger prescribed in the Deed of Gift.

WL
I see GGYC working prior to the conclusion of AC34 getting some or most of this amended to the Deed. Otherwise a winning challenger could toss out any notion of stability.

 
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Rennmaus

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Haven't finished reading yet, but on first sight it looks as if my suspicions were unreasonable. The protocol draft seems to be breathtakingly fair.

 

Stingray

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I see GGYC working prior to the conclusion of AC34 getting some or most of this amended to the Deed. Otherwise a winning challenger could toss out any notion of stability.
That seems to be covered in this part, does it not? (itals mine)

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41.2 The net surplus revenue shall be determined (at least on a provisional basis) within 180

days after the last race of the Match and paid as a contribution towards the costs

incurred by competitors to compete in the Event as forming part of the costs incurred in

holding the Match as required by the Deed of Gift, within 90 days of its determination as

follows:

( a ) Pa yment of the management fee referred to in Article 4.2 to the Event Authority;

( b ) Th e payment of 5% of the balance of the net surplus up to a maximum of

€10,000,000 (ten million Euros) to ACRM towards the costs of the 35th America's

Cup provided that in the event the winner of the Match and its Challenger of

Record provides a written enforceable undertaking within 90 days of the last race

of the Match that they will:

(i) comply with the terms of the Deed of Gift;

(ii) agree all dispute resolution shall be by way of arbitration;

(iii) hold a challenger selection series;

DRAFT 23 June 2010

Page 36 of 56 DRAFT

(iv) use ACRM to provide neutral, independent, professional, and fair

management of all racing for the 35th America's Cup;

(v) organize an annual series of regattas commencing within 12 months of the

last race of the Match for America's Cup Class Yachts or such other yachts

to be used in the 35th America's Cup; and

(vi) hold the 35TH America's Cup Match within 5 years of the date of the last

match in the 34TH America's Cup.

If no such undertaking is provided the payment to ACRM shall not be made, the

assets of ACRM shall be liquidated and such sums and proceeds shall remain

part of the net surplus revenue to be distributed to the Competitors as provided

below.

--

and

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( e ) A winner of the Match and its challenger of record (if entitled to a share of the Net

Surplus Revenue) who have failed to give the undertakings referred to in Article

41.2( b ) shall not be entitled to any distribution of the Net Surplus Revenue and

their shares shall be redistributed to the other entitled Competitors as set out in

Article 41( c ) and ( d ).

--

 
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Te Kooti

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This is a major smack in the teeth for Bertarelli.

On first reading, it looks like BOR have been true to their word.

Challengers? Organise you own series!

It is already starting to look like an exciting sequence of regattas.

 

Stingray

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AFP story running:

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Oracle releases draft protocol for America's Cup

MADRID (AFP) - America's Cup defender Oracle Wednesday released a draft protocol for the next edition of yachting's premier event that envisages cost-cutting measures and an independent regulator to decide disputes.

The US syndicate called on challengers for the 34th America's Cup to comment on the protocol before it is published by August 31.

Oracle won the 33rd edition of the oldest international sporting trophy in a best-of-three showdown with Swiss syndicate Alinghi in the Spanish port of Valencia in February, after more than two years of legal wrangling over the rules.

The draft protocol for the next edition envisages a "neutral race management body" to regulate disputes, Oracle said in a statement released in Valencia.

It also seeks to "rein-in costs by reducing the number of racing crew, introducing 'no sailing' periods and limiting the numbers of hulls, masts, appendages and sails teams can build."

The draft is a joint initiative between Oracle and Italian syndicate Mascalzone Latino, the official "challenger of record," which has the right to help organise the event.

Oracle also said the two are making "progress on a new, exciting and physically-demanding class of America?s Cup yacht."

"This has been a painstaking process, but we believe it sets out a New Deal for the America's Cup and fair play for all teams," the statement quoted Oracle CEO Russell Coutts as saying.

"To create a fair playing field we plan to issue all of the event rules before the end of the year, and this is a significant first step in that direction," Coutts said.

"Teams will know exactly what they are signing-up to."

The 34th America's Cup will be held in either 2013 or 2014 at a site that has yet to be determined but which should be announced by the end of the year.

San Francisco on the west coast of the United States, where the Golden Gate Yacht Club which Oracle represents is based, remains the favourite but other options are under consideration, including in Europe.

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AP version:

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America's Cup defender releases draft rules

By BERNIE WILSON, AP Sports Writer

Associated Press June 23, 2010 01:22 PM

(AP)

America's Cup defender BMW Oracle Racing of San Francisco has released a draft copy of the rules for the next regatta, which call for a neutral race management body and cost-cutting measures.

A copy of the proposed protocol was sent to challenging teams. They can comment on and contribute to the final document, which will be released by Aug. 31.

BMW Oracle Racing has promised neutral race management since wresting the Cup from Alinghi of Switzerland in a two-race sweep off Valencia, Spain, in February. That showdown in giant multihulls was preceded by a bitter, 2 1/2-year court fight over rules. The American syndicate eventually prevailed.

The 34th America's Cup will be sailed in 2013 or 2014 at a venue to be determined by the BMW Oracle Racing.

--

 

Loose Cannon

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Of note:

Daggerboards and moving keels (thus accommodating multihulls and swing keel monsters - hopefully powered by something besides and engine...)

long series between cups with a constant flow of class racing. Good for them.

BOR will be seriously under pressure if there is no other defender for a good dust up before the cup racing....

Overall - quite pleased - they put up - others should now shut up.

 

Te Kooti

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Interesting Coutts uses the term "New Deal" to describe AC arrangements.

Was it a deliberate evocation of the Roosevelt era?

Or just a coincidence?

 
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Te Kooti

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If they go for this option:

"At least 20% (rounded up) of crew members on board at the start of every race

shall be nationals of the country where the yacht club is based" it will be a problem for Ernesto.

No more 1-person "Swiss" teams.

In my view, this is a positive development.

 
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Stingray

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BOR will be seriously under pressure if there is no other defender for a good dust up before the cup racing....
Or 3 or 4 strong defenders.. I honestly don't see how GGYC can Defend AC34 successfully without the competition of a DSS. This is a scary-bold proposal.

 
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johnnysaint

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"In accordance with past practice in America's Cup competition prior to 1980, there

shall be no requirement regarding the nationality or residency of any crew

member, nor of a Designer, of a Competitor's competing Yacht."

Is that right? Or should it have been after 1980.

 

Te Kooti

Super Anarchist
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"In accordance with past practice in America's Cup competition prior to 1980, there

shall be no requirement regarding the nationality or residency of any crew

member, nor of a Designer, of a Competitor's competing Yacht."

Is that right? Or should it have been after 1980.
NO ... read it again.

What you have posted is one option. What I posted (above).... the 20% clause ... is the other option.

They are asking syndicates for feedback.

And I hope they vote for the 20% clause.

 

phomchick

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San Francisco
Interesting Coutts uses the term "New Deal" to describe AC arrangements. Was it a deliberate evocation of the Roosevelt era? Or just a coincidence?
Coincidence. Coutts is Kiwi, the Rooseveltness of "New Deal" is not part of his heritage.
If they go for this option: "At least 20% (rounded up) of crew members on board at the start of every race shall be nationals of the country where the yacht club is based" it will be a problem for Ernesto.

No more 1-person "Swiss" teams.
No more 1-person "USA" teams, either. I also agree that this is positive step. I hope AC35 goes further.
 
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Te Kooti

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This is a scary-bold proposal.
Definitely!

But they have declared an interest in rehabilitating the AC and this would help do it.

How about we invite Justice Kornreich and Comrade Kahn to the defender series regatta?

 

Stingray

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PNW
"In accordance with past practice in America's Cup competition prior to 1980, there

shall be no requirement regarding the nationality or residency of any crew

member, nor of a Designer, of a Competitor's competing Yacht."

Is that right? Or should it have been after 1980.
NO ... read it again.

What you have posted is one option. What I posted (above).... the 20% clause ... is the other option.

They are asking syndicates for feedback.

And I hope they vote for the 20% clause.
He is asking about the ~prior to~ 1980 part.

And I think that it ~is~ correct, because IR's that were implemented after 1980 instituted the nationality clauses. In the absence of those IR's, GGYC is proposing to re-institute a measure of it, if Challengers want to.

 
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