America's Cup: The fishooks in the Brave, New Protocol
by Richard Gladwell/Sail-World NZ 12 Aug 14:15 BST
Royal New Zealand Yacht Squadron, Westhaven Drive, Auckland © RNZYS
As they say in F1, you always read a new set of rules twice - once to see what the rules do say, and the second and much longer read as to what they don't say.
After reading the Protocol once and having been at the New Zealand media conference this afternoon, and standing in for Sail-World's UK based publisher, Mark Jardine, at a second media session this evening (NZT), my initial take is as follows.
Much was made by the Challenger and Defender about event continuity - beyond the current America's Cup AC38. It gives certainty on several fronts to teams and the event.
The continuity beyond AC38 is contained in a Terms Sheet which has to be executed by Sept 9.
The Terms Sheet is not included in the release of the Protocol. When asked about continuity and the need to change the Deed of Gift which governs the America's Cup, the response was that was the intention (to amend the Deed of Gift) and that approach had the support of New York Yacht Club. A rather obtuse piece of legalese in the Protocol says that if the documents that will create the AC Partnership are not excuted by the required date, then the Protocol "shall be void and of no further force and effect." However later it was said that the date was not fixed, and could be amended under the Mutual Consent provisions of the Deed of Gift, which governs the conduct of the America's Cup.
The details of the Terms Sheet and the ACP agreement -said to run to hundreds of pages - will not be publicly released.
As to how the ACP (America's Cup Partnership) would operate, Grant Dalton compared it to more to an NBA style of management with every team having a representative on the Board, and the voting being structured so that some changes could pass with a simple majority, others with a "reinforced majority" and others will require unanimity. The objective is to avoid one team becoming dominant.
The Burling Rule, contained in a previous draft Protocol released by the Defender (prohibiting sailing crew from competing for an team other than who they sailed for in the 2024 America's Cup) effectively no longer exists, and Peter Burling, or others of his ilk, are free to helm the Italian (or any other boat) boat. However Ainslie and Dalton were at pains to say that they didn't (hoped?) think this would happen in Burling's situation as the Italians had two strong "young" helmsmen (one of whom is only a couple of years younger than Peter Burling).
The comment about Burling not coming off the bench, was a little strange in that in Ainslie's case he was promoted from the reserve bench to be tactican of Oracle Racing on Day 3 of the 2013 America's Cup, when the US were failing in their Defence in San Francisco. It is difficult to imagine that Luna Rossa would not do the same, in similar circumstances in Naples, come September/October 2027. The change to the nationality rule means that Burling, if he was a co-helm on Luna Rossa, could become the first sailor in America's Cup history to helm four successive winners.
Teams are only allowed to sail an AC75 that was sailed in the 2024 America's Cup, or one to a design that was sailed in that event.
Any team building to a new design has to comply with the "constructed in country" meaning the hull has to be built in the country of the club of the challenging country.
There are a lot of fishooks in the boat recycling, and in my view American Magic definitely comes out the winner with its low profile deck - designed around recumbent cyclors. It will be interesting to see how much the AC75 class rule permits boat surgery. Alinghi with it's hull near destroyed and being an extreme AC75 design is a problematic case.
However in the second media conference Ainslie and Dalton were emphatic that the speed differences between the 2024 AC75 hulls was minimal. Whether the other teams, and the designers, see it that way remains to be seen.
As expected there are restrictions on the number of days a team can sail in practice. But the teams have been allowed bonus time depending on where they finished in the 2024 Cup. As lowest placed finisher, the French get an extra 10 days - scaling down through the 2024 placings to the Brits getting two extra days and the Kiwis none.
On that topic, in the second media session, Ben Ainslie was adamant that the Brits would be sailing their 2024 Challenger and that it won't be named "Britannia".
The Brits don't get hit by the Deed of Gift prohibition on a defeated Challenger being barred from using that boat in a successive Challenge, by virtue of two years having elapsed since their 2024 defeat in Barcelona. That deadline runs out on October 19, 2026.
Budget caps are also a key part of the new Protocol with a €75million spending limit. In the NZ session I asked how this would work, both Dalton and Ainslie were evasive.
Grant Dalton's response was that it wouldn't be a problem for the Kiwis as they had never got near that level of expenditure. Ben Ainslie ducked and weaved a bit.
However the Protocol says that after the Cup Match all teams have to submit full financial accounts (audited if required). And, if a team has exceeded the cap then they have to pay 100% of the difference to ACP - the new America's Cup Partnership (assuming of course that ACP is an on-going and surviving entity).
There is a fast track provision for Arb Panel Hearings with Applications having to be submitted within three working days and a decision within five days of receipt. It would seem that this is just the first stage of an Arb Panel Hearing.
The format of the racing in the Challenger Selection Series is also due for a change with fleet racing being used for the first time, as well as the standard match racing. It will count for points in the Louis Vuitton Cup. The Defender will sail in the Qualifiers. The idea is to mix up the format to make it more interesting for non-sailors. Whether the traditionalists quite see it this way is yet to be seen.
Ben Ainslie said they expected five or six teams, including most if not all of the 2024 Cup entrants. A second Italian team is expected to sail alongside Luna Rossa.
Most of the other points had been signalled in previous versions of the draft Protocol:
- Crew of six comprising five sailing crew (including at least one woman) and a guest sailor.
- Move to an all electric boat - bidding farewell to grinders and cyclors
- The Entry Fee is an eye watering €7million, but a Performance Bond is no longer mandatory
- There will be three Preliminary Regattas - venues and dates to be confirmed in AC40s, and with one regatta in AC75 raceboats.
- Youth and Womens America's Cups are retained - with much the same format and number of teams - 12 - in each - as in 2024.
- Reconnaissance is retained - in the same way it was in 2024, except it will run right to the end of the Cup.
The real winner out of all the past ten months of statement and counter statement is the America's Cup, which has the chance of getting itself established on a platform as good or better as other professional sports, and for the teams to have a life expectancy beyond just a two year cycle.
Remember too that, like the current America's Cup, F1 got down to just six teams before being given a shake-up, it is now up to 20 teams, and expanding.
There is a lot more golf in this hole - and more will be revealed in the coming days.
Entries open in a week, and close 28 days after the signature on the Partnership Agreement.
If that doesn't happen it is back to Square 1.
To read the Protocol for AC38 click here