9:32 PM Tue 19 Jan 2010 GMT
In a first for the 33rd America's Cup one of the protagonists have taken a compliant to the International Jury rather than the New York Supreme Court.
In a statement just release, spokesman Tom Ehman has outlined a number of issues BMW Oracle racing have with the latest edition of the racing documents published by Alinghi and thei club, event organisers, Societe Nautique de Geneve.
The statement reads:
The America's Cup defender, Soci?t? Nautique de Gen?ve, issued today a revised Notice of Race and Sailing Instructions for the 33rd America's Cup Match set to begin on February 8th in the waters off Valencia, Spain.
Both documents are riddled with errors, and continue SNG's practice of interpreting rules - or creating new ones - solely to favor Alinghi and harm the chances of the Challenger.
The Notice of Race and Sailing Instructions are heavily biased in favor of the Defender and its yacht despite input from GGYC and ISAF, the sport's world governing body, during last week's meeting in Singapore and a meeting in late December in Sydney.
Therefore, today GGYC has made an application for redress to the International Jury, asking that the Jury be convened as soon as possible to negate or revise the biased provisions before the Match.
Specifically, SNG has:
. Effectively re-inserted Racing Rule 53 ('Skin Friction') after obtaining a New York Supreme Court ruling to delete it.
. Set the starting time for the races despite the Deed of Gift's requirement that this be agreed by mutual consent.
. Set wind and wave limits to favor its own yacht.
. Changed the latest draft of the Notice of Race to ban certain wind detection equipment now being used by BOR that,
previously, was permitted under all earlier drafts of the NOR.
. Re-arranged the hierarchy of the applicable rules so that SNG's Notice of Race and Sailing Instructions would, in the case of
conflict, overrule the Racing Rules; this is highly irregular and contrary to normal practice in yacht racing.
It is clearer than ever that SNG is hell-bent on making the America's Cup the Alinghi Cup.
We now look to the International Jury to reinstate the correct and proper rules and procedures.
Under a ruling from the New York Surpeme Court, the International Jury does have the ability to function as a normal Jury, and can make and amend rules covering the regatta as it sees fit. Previously the International Jury were subject to a degree of approval for some decisions from SNG.
It is not known when, or how the International Jury will meet to consider the matter, as they are not yet located in Valencia.
To read the Sailing Instructions
click here
To read the Amended Notice of Race
click here
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