The Bosun
Methinks my co-correspondent, that slimy little bilge-dwelling rodent, has missed the point somewhat in his recent report for this esteemed publication on the New York Yacht Club’s surprise legal action to query the standing of the America’s Cup Partnership.
We are not talking about a replay of the 1988 New Zealand v. Stars & Stripes farce. A court would not be asked to rule on whether the Cup contest on the water complies with the provisions of the Deed of Gift. That would be a secondary concern, if one at all. (In any case, the NYYC is not a direct participant in this Cup cycle so is presumably acting on principle rather than interest.)
This is a far more complex issue. It goes to the whole question of whether the Cup, as an entity, is more than just the silver trophy gifted to the NYYC by its original winners 170 years ago.
Who owns the event? By what authority do they set its rules? On what basis can they charge for entry? Who is entitled to the financial benefits that flow from its conduct?
Those are all questions that relate to rights that have been assumed by the America’s Cup Partnership. That is why the NYYC is asking the New York Attorney General to rule on whether the ACP contravenes some specific terms of the Deed of Gift. There are millions of dollars involved and the public has a right to know.
We aren’t lawyers here at R69 (thank goodness) but we can see some persuasive arguments that might convince a judge that the ACP has assumed ownership and control of rights that it does not truly have.
But what does this mean for the event itself?
It’s important to remember that the Protocols and Class Rules for AC38 were agreed by the Defender (RNZYS/ETNZ/Dalton) and Challenger of Record (RYS/GB1/Ainslie) before the founding of the America’s Cup Partnership.
A cynic might suggest that Dalton and Ainslie were happy with that timing because if the ACP partnership collapsed (or was ruled illegal), then the Cup would revert to a Deed of Gift contest, and they would therefore be the only two contestants.
There is, however, an added complication. If Sir Jim Ratcliffe wins his case in the UK Admiralty Court for the return of the old INEOS AC75 then Ainslie would be without a compliant boat, and unable to compete. Next in line to step up as Challenger of Record in a DoG series would then be Luna Rossa. The show must go on.
The defending club, Royal New Zealand Yacht Squadron, and the challengers, Royal Yacht Squadron, yesterday issued a tepid brief joint statement saying little more than that they “welcome the query” by the NYYC. They also asserted that the Protocol for AC38 was established “by mutual consent”.
So, much ado about nothing? Not at all. The New York Yacht Club seems finally to be standing up for the sporting principles that were the foundation of the Cup for its first 136 years. Win, lose or draw this is a worthwhile initiative that should be supported by anyone who sails.
The Bosun
