The wrangling continues in front of Justice Cahn in the dispute between Alinghi and BMW-Oracle and the conditions of the next America’s Cup contest. Although Cahn made a ruling in the American team’s favor, Alinghi appealed on the grounds that the American submission included the phrase “Keel Yacht” along with the 90 foot by 90 foot parameters. Their argument is that a multi-hull is not a “Keel Yacht” and that the submission is flawed because it would result in a sailing barge.
I admit thinking this was the silliest argument in the world because catamarans obviously have keels but then Alinghi threw in some US Sailing / ISAF definitions that muddy the water slightly. Alinghi also managed to pull off a submission timing maneuver that left GGYC (BMW-Oracle) with very little opportunity to argue their case in front of Justice Cahn. A bit out of sequence, GGYC continued to argue their case with a letter to Justice Cahn.
So what’s going to happen? If you look back to the 1988 America’s Cup where Conner sailed the 60′ catamaran against the New Zealand monster mono-hull you’ll see that the challenge filed by New Zealand had the same “Keel Yacht” phrase in it. After the event, New Zealand challenged the American catamaran’s legality with the New York courts with the notion that the catamaran did not meet the definition of a “Keel Yacht”. However, the Deed of Gift only stipulates that the challenging vessels be defined in very simple terms of length, width, draft, and type of sailing rig. One can expect (as has been done in the past) that these are the only parameters that the defender is obliged to meet so making additional defining phrases in the challenge is moot.
GGYC’s letter to Cahn argues this point that the event is not governed by US Sailing or ISAF but it is only the Deed. The continue that such minor details should be easily negotiated between a defender and challenger and that Alinghi should not be allowed to cherry pick the challengers (I’m paraphrasing loosely). I suspect that this is going to go again the way of BMW-Oracle but that Alinghi will continue to file appeals until there is nobody left to file with.








