8:07 PM Mon 4 Jan 2010 GMT
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'Singapore, shown here on Day 3 - Extreme Sailing Series Asia, will be the venue for the America's Cup meeting on 12 January. Maybe the ferris wheel would be the best venue to get an agreed outcome.'
ThMartinez / Sea & Co ©
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Following an unreported meeting held late last year in Sydney between representatives of the Challenger and Defender, a second meeting will be held in 12 January 2010, in Singapore to try and resolve several issues relating to the 33rd America' s Cup.
The previous meeting was held in late December was attended by Tom Ehman and Richard Slater for BMW Oracle Racing, and Brad Butterworth and Hamish Ross for Team Alinghi, and facilitated by David Tillett, convenor of the New York Supreme Court's Expert Panel. Tillett is also Chairman of the International Jury, approved by the International Sailing Federation for the event.
While that meeting was apparently able to reach agreement on several substantive issues and would have extended the series from a best of three to best of seven regatta, plus shift the start dates to 12 February 2010, to better fit from a spectator viewpoint, the outcome of those negotiations were not confirmed by the event organiser, Societe Nautique de Geneve.
At this stage it is not known who will attend the second meeting, set down for Singapore on 12th January, and indeed whether they will have the power to make binding decisions on SNG, who as Defender of the America's Cup and the current Trustee are required to organize the event.
The Agenda for the meeting has not been disclosed, however in a letter from Golden Gate Yacht Club to Societe Nautique de Geneve, the points overhanging from Sydney are referred to.
It may also be that the issue of Constructed in Country may also be discussed, in an attempt to avoid this matter being decided by the International Jury and New York Supreme Court. This relates to the requirement in the 1887 Deed of Gift that the Challenger and Defender be constructed in the same country as their club. Golden Gate Yacht Club, the Challenger, have put SNG on notice that they believe their sails were constructed in USA and therefore do not comply with the deed of Gift. SNG responded denying the claim and counterclaiming that there were parts of GGYC's yacht which did not comply with this requirement.
SNG are also believed unhappy with being invited to proceed on the basis of Mutual Consent for the regatta, while they still have a Breach of Fiduciary Duty lawsuit being hung over their heads, by GGYC over SNG's actions and role as Trustee of the America's Cup. So, the stalemate could continue.
Additionally both parties are on some pressure to reach agreement, with the regatta due to start in a little over a month, and there being no agreement at all on any arrangement, with the SNG position apparently being that the regatta will be conducted under the strict terms of the Deed of Gift.
In terms of hosting the regatta, little would seem to be in place except for basic race management under the oversight of Principal Race Officer, Harold Bennett (NZL) who does have the ability to issue instructions as to the on the water conduct of the event.
It is clear from the letter by GGYC that the International Jury is not functioning, even though it has been approved by the International Sailing Federation, with the sticking point, again according to the GGYC letter being the unwillingness of SNG to give the individual members of the Jury a personal indemnity on future legal action being taken against them by the organisers or competitors over one of their decisions.
It would seem that ISAF will have a representative at the meeting in David Kellett, a member of the ISAF Executive Committee and Treasurer of the world body. Tillett is also Chairman of the ISAF Racing Rules Committee, and was Jury Chairman of the 2008 Olympic regatta and 2007 America's Cup regatta.
With 33 days left on the clock to the start of the 33rd America's Cup, there are no announced media arrangements in place or announced media facilities for the event. SNG hold the media rights from the ISAF for the regatta. The regatta also is set to overlap withe the 2012 Winter Olympics in Canada, making TV schedules difficult.
In fact most club Optimist regattas are at a more advanced state of organisation than what is supposed to be the premier event in sailing, and that should be a point where the ISAF decides to act in the wider interest of world sailing.
Meanwhile the weather in Valencia is reported to be exceptionally good with temperatures having been in the low 20's and winds and seas co-operating within the strictures set down by the organisers.
The full text of the letter is as follows:
Dear Vice Commodore Meyer
Thank you for your letter of December 31, 2009 concerning the 'constructed in country' requirement of the America's Cup Deed of Gift.
Our representatives will be available to meet in Singapore on January 12, 2010. We would welcome the attendance of David Tillett, chairman of the International Jury, as well as David Kellett representing the International Sailing Federation.
Our intention is that these talks make real progress on the substantive issues.
We respectfully remind you that, while the discussions in Sydney last month were positive, GGYC does not consider the process the success you described because it appears that SNG is stalling the implementation of those talks. Specifically the following have been delayed beyond discussed deadlines:
. Issuing the amended Notice of Race to take fully into account the decisions and order of the New York Courts, and the changes agreed at our Sydney meeting.
. Indemnifying the International Jury, announced as long ago as December 4, 2009, so it is able to begin to work.
With regard to the above matters, GGYC has long since, and in a timely manner, met all of its obligations. We ask that SNG fulfill its clear duty as Trustee.
I am also replying to your letter of December 27, 2009 insisting that BMW ORACLE Racing's yacht be moored in Valencia's D?rsena. We view the safety of our crew, our yacht and other users of the DOrsena as priority number one, and we will not be pressured into jeopardizing them.
It remains our sincere hope and desire that all outstanding issues be resolved before the Match, and we ask that you join us in making every effort to do so.
Yours sincerely
GOLDEN GATE YACHT CLUB
by Richard Gladwell, Sail-World.com
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