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| Scuttlebutt Europe #1342 - 24 October 2007 |
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Brought to you by YachtsandCruisers.com with the support of OC Events, Scuttlebutt Europe is a digest of sailing news and opinions, regatta results, new boat and gear information and letters from sailors -- with a European emphasis. Contributions welcome, send to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
LE BLEVEC WINS THE TRANSAT "It is an unbelievable feeling, unbelievable. Two years than I saw that for this project, a project that my partner and myself Actual wanted to win, not to entertain the gallery ... but to come here, as , in El Salvador winner! But all this history is enormous. Remember where I come from. I recently prepared me without knowing whether I will take the start. (Yves was "rescued" in the final minute with four other sailors) After the first phase, I started terrible pressure as competition was strong; Isa (Joschke), Sam (manuard), but Hardy Deshays and all others ... I have continuously attacked .
Top ten at press time:
IN THE COURTROOM Then the America's Cup case was announced. As the attorneys rushed forward from the spectator's seats to their tables at the foot of the judge's bench, the fellow next to me - a lawyer on a case involving construction of a building in lower Manhattan - leaned over and asked what this was all about. I told him. "A rich guy in Switzerland, another rich guy in California, a sailboat race off the coast of Spain, and rules that were written 150 years ago - that's what it's about." He sat stunned for a few seconds, gazed up to heaven, and announced, "Is America a great place, or what?" "It certainly is," I replied, for I knew that a few hours earlier, right here in America at the New York Yacht Club in midtown Manhattan, the two sides had finally put down their cannon and begun to try to talk about possibly making a settlement. The best anybody could say about the meeting was that it "was not too bad" (Tom Ehman, Ellison's spokesman) and "constructive" (Hamish Ross, Alinghi's general counsel). After that hopeful gathering, the two sides in the second America's Cup lawsuit to ever go to trial (after the 1989-90 catamaran-big boat dispute) went downtown to 60 Centre Street's great courthouse to go head-to-head before a judge. The head that dominated was not attached to either the defendant (cup defender Alinghi and Societe Nautique de Geneve, SNG) or the plaintiff (Oracle and Golden Gate Yacht Club of San Francisco, GGYC). Rather, it was the round, white-haired head of Justice Cahn himself as he shoved aside the fluff and drove straight to the heart of the case. He made his mission very clear at the very beginning when a representative of an Italian yacht club tried to file a friend-of-the-court (amicus curiae) brief concerning the racing rules. The judge interrupted him, saying in his soft voice that the job before the court was to "determine the legitimacy of the challenging yacht club." As the oral arguments proceeded, the judge appeared to be especially interested in three issues. One was the by now well-known requirement in the cup deed of gift that a yacht club qualifies as a challenger by sponsoring an annual regatta. GGYC's lead counsel, David Hille, began his discussion of the qualifications question without addressing this requirement. The judge interrupted: "Doesn't it say that it has to have a regatta? When will it have that regatta?" The silence in the room was deafening. The lawyer quietly stated that there will be a regatta in November. Another issue that attracted the judge's and lawyers' attention was the mechanism by which the challenger of record, Club Nautico Espanol de Vela (CNEV), had come into existence as a child of the Spanish Sailing Federation, which played a role in Alinghi's decision to bring the America's Cup races to Spain. GGYC argued that since the Federation is not a yacht club under the deed, it had created one to serve as challenger of record under the Federation's control. Attorney James V. Kearney's point was that CNEV, therefore, is not a true, independent, organized yacht club. Justice Cahn inquired how, "as a practical matter" (one of his favorite phrases), the distinction between the national federation and the local yacht club is important. Kearney replied with a constitutional argument. There must be a "balance of power" between the defender and the challengers, and this requires that the challenger of record not only satisfy the deed's qualification requirement perfectly, but be able and willing to fairly represent all the challengers and their interests without a conflict of interest. Here this balance of power would be compromised because CNEV is a captive of the Federation, which shares commercial interests with SNG. I was impressed by this argument. Finally, the practical-minded judge was interested in when the next race would be held. He got two very different answers. GGYC promised that if it won the case and displaced CNEV as challenger of record, it would schedule a race between it and SNG for ten to 12 months after the decision was handed down. To my eye, this decisiveness impressed the judge. SNG was not so specific - in fact, they could not be. It is important to remember that GGYC-Oracle's challenge is a so-called "deed of gift" challenge according to the steps laid out in the cup's rules for a one-on-one match should the two sides not form mutual consent over the conditions. But SNG-Alinghi wants to hold a regatta under mutual consent with CNEV as challenger of record, and that involves several boats, all with scheduling and sponsorship problems. With every passing day, Alinghi's hoped-for deadline of July 2009 becomes less likely, Ross told me. The distinction between a "deed of gift" and a "mutual consent" regatta is a fine one that is not wholly understood even by people who know the cup well. It could have been lost on the judge at this hearing. No doubt he will master it. After about 30 minutes of lively discussion, the judge announced, "There will be a decision shortly." Out in the lobby, nobody declared victory, but nobody declared defeat, either. Later, the two sides reserved a meeting room at the New York Yacht Club for Tuesday morning. One of the great things about America is how effectively a little judicial pressure can bring sense and civility to even the most bitter disputes. -- John Rousmaniere
TRUST YOUR INTUITION
AMERICA'S CUP PANEL STREAMED ON NSHOF WEBSITE The Panel is being streamed at www.nshof.org. Go to America's Cup Panel on the Menu (be sure to click the maximize icon to view large screen)
CORK WEEK 2008
Colm Barrington - Magic Glove
12th - 18th July 2008
CALL FOR AUSTRALIAN COMMODORES' CUP TEAM Held biennially since 1992, the event is organised by the Royal Ocean Racing Club (RORC) and will consist of a tough mix of both inshore and offshore races contested over a challenging seven day racing schedule. The Commodores' Cup is one of only a hand full of yacht races in the world where sailors compete for their nation. Australia has never been represented at this event before. Current Audi IRC Australian Champion, Rod Jones would like to encourage other boat owners to enter the event. He commented "The demise of the Admiral's Cup saw a gap in RORC calendar. "The Commodores' Cup is now developing into the major IRC international event for 2008 and it would be great to get as many Australian teams together as possible to compete against countries such as France, England, Ireland and the USA". Yachting Australia CEO, Phil Jones said "We're hoping for as many as four Australian teams to enter the event with up to 50% of the crew permitted to be professional sailors and the remainder to be amateur sailors. "The handicap system will be IRC and each team will consist of three boats from prescribed rating bands which cover a range of performances. Only teams that are comprised of a balance of well performing boats will take out this event. "Yachting Australia is urging Australian teams to take up the challenge and enter this tough international regatta".
The teams will consist of three boats which will be subject to nationality requirements, with one boat from each of the following IRC Bands:
Further information can be found at: Expressions of interest from teams should be forwarded to Glen Stanaway, Yachting Australia Sport Services Manager at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . Expressions close on Friday 30th November, 2007.
CLIPPER FLEET WELCOMES YVES LE BLEVEC TO SALVADOR The Clipper crews gathered this afternoon to congratulate French sailor Yves Le Blevec, the winner of the Mini Transat. The 84-strong Mini Transat fleet left La Rochelle the day prior to the Clipper Fleet's departure last month. Over the last few days the crews and skippers have been enjoying some time out between sail repair, victualing and maintenance. On Sunday the crews went sailing in the bay and match raced against some local historic sailing vessels. Race 3 from Salvador to Durban will start at 12 noon local time (1500 GMT) on Wednesday 24 October. * Double circumnavigator Duggie Gillespie arrived in Salvador, Brazil, on Sunday (21 October) to take over as Skipper of New York following the departure of Jerry Crew. Duggie, 40, has previously skippered corporate charters on the Clipper 68s and will skipper New York from Salvador back to Liverpool, where the Clipper 07-08 Round the World Yacht Race will finish on 5 July 2008. Soon after arriving in Salvador on Sunday, Duggie met up with the New York crew and started to prepare the yacht for the race ahead. Duggie won both the Challenge Business inaugural Challenge Transat race and the Round Britain Challenge 2003, skippering the yacht LogicaCMG. Jerry Crew, 42, left Clipper 07-08 in Salvador by mutual agreement with the Race Team and has returned to the UK for further medical treatment on a leg injury sustained during the race from La Rochelle to Salvador. Jerry sailed the first two races with New York finishing both in ninth place.
THE LOWEST DRAG OF ALL SAILBOAT PROPELLERS Gori propeller when folded does not auto rotate, and has the lowest drag of all sailboat propellers. Find out more at www.gori-propeller.com
INDUSTRY NEWS The shortlisted products are divided among eight categories: marine electronics; interior equipment, furnishings, materials and electrical fittings used in cabins; marina equipment, boatyard equipment and boat construction tools and materials; deck equipment, sails and rigging; clothing and crew accessories; life saving and safety equipment; machinery, propulsion, mechanical and electrical systems and fittings; and marine related software. Category winners and the overall DAME Award winner will be announced just after the ICOMIA - METS Breakfast Briefing on Tuesday, November 13. UK equipment manufacturer Lewmar won the award last year for its 'One Touch' winch handle, beating 136 companies who entered a total of 166 products for consideration.
For a complete list of shorlisted products, go to www.metstrade.com/dame2007 * The World Match Racing Tour has announced the appointment of Line 7 as the Official Clothing Supplier for the Tour. As part of the sponsorship, Line 7 will provide clothing to the World Match Racing Tour and tour merchandise will soon be available via an online store. Line 7 started in 1963 making wet weather clothing for sailors. New Zealand's high rainfall and harsh conditions made it the perfect testing grounds. Sailors soon noted the quality and performance and Line 7's reputation for outstanding clothing spread rapidly to marinas around the world. Wherever New Zealand sailors have made history Line 7 has been there with them. Line 7 joins other Tour sponsors Pindar (Official Printer), Customs House (Official Payment Provider) Travel Places (Official Travel Supplier), Wedgwood (Official Trophy Supplier), and Sail.TV (Official Broadband Channel Company).
Please note: The Portugal Match Cup is now showing on www.Sail.TV * Please find below a link to the Whyte & Mackay Earls Court Boat Show Welcome Movie: www.earlscourtboatshow.com/movie.aspx Tickets for the show are on sale and the exhibitor list in now online. * Last year it was Lulworth, no contest. This year the field for the Classic Boat Restoration of the Year Award is much more open. Already they have a long list of over 12 boats. Nomination is not restricted to large craft or high-budget restorations, and boats may be put forward by owners, yards or others associated with a project, or by any CB reader. Closing date is 19 November. Entries will be reviewed in the January issue of Classic Boat and the winner announced on our stand at the London Boat Show. Just send the name of the boat, brief details and a phone number to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , or to the Classic Boat office: Classic Boat, IPC, 9th Floor, Leon House, 233 High Street, Croydon, CR9 1HZ. -- Peter Willis, ybw.com/auto/newsdesk/20070919123954cbnews.html * Boating Business understands around 30 people turned up for the B A Peters creditors' meeting last Friday, October 19. Brian Peters was not one of them; he was, says KPMG, in Spain trying to sort out his two companies over there. Attended by a few industry companies, the voluble majority was made up of irate boat owners who had dealt with Peters Plc on brokerage and new boats and had been left with neither boats nor money to show for it. There was much heated debate on how the client account ended up with a shortfall of 536,000 GBP and KPMG says two directors have been asked to sign affidavits on where the client account funds had gone. But BB understands from KPMG that there is now a date of November 6 for the court hearing on how the client account should be dealt with. A KPMG spokesman told BB they expected the first hearing to be procedural, but to set a second hearing date. Hopefully, this will be before the end of this year, or early next. The figures set out in the creditors' report circulated by KPMG also appear to be in some doubt, being, as joint administrator Jane Moriarty pointed out, the directors' view of what was owed. Moriarty said KPMG was still going through the books and that it would be unlikely any further light will be thrown on proceedings until next April with any creditors monies - KPMG feels it's probable there will be a payout - not appearing before the end of 2008. -- Boating Business: www.boatingbusiness.com/archive/2007/november/news/owners_angry_at_peter * The European Union (EU) has widened its sanctions against the military junta in Burma, adding a ban on imports of timber, gemstones and precious metals in response to the regime's EU foreign ministers said in a recent statement it was 'necessary to increase direct pressure on the regime' in Burma (or Myanmar, depending on your politics). Unfortunately the timber ban will hit the UK leisure marine industry because it will remove Burmese teak from circulation. While there are teak substitutes available, it's unlikely high-end boatbuilders could take the risk of not using top quality teak for decks and other woodwork. As Neil Wason of Marine Hardwoods says: 'There is simply no substitute for Burmese Teak and that has been proven by a 150 year precedent.' On the other hand, companies that buy Burmese teak are being highlighted by the Burma Campaign UK, which is fighting for human rights and democracy in Burma. And those companies find themselves put onto a 'Dirty List'. On October 2, teak products manufacturer D A Watts & Sons posted a notice on the Burma Campaign website to say it had stopped selling Burma teak. The Watts announcement followed similar announcements from Timbmet and K J Howells & Son that they will also no longer purchase teak from Burma. Watts has now been removed from the Burma Campaign's Dirty List and Timbmet claims to have found alternative sources of teak of equal quality. The Burma Campaign says all companies featured on its Dirty List directly or indirectly fund the military junta in Burma and that timber exports are a major source of revenue for the regime. www.boatingbusiness.com/archive/2007/november/news/teak_ban_will_hit_uk_boatbuilders
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THE LAST WORD
OC Events, www.ocevents.org , organisers of two major IMOCA 60 oceanic events, the new double-handed Barcelona World Race 2007, and the original solo transocean race, The Transat 2008 (ex-OSTAR) plus the Extreme 40 Sailing Series for The iShares Cup. www.YachtsandCruisers.com the new place to buy and sell prestige boats, the website has been designed to showcase high-end boats. People looking to buy prestige boats will be able to easily navigate their way around the site quickly. The portfolio of thousands of boats can be viewed by category, make, location and price. Alternatively the 'Advanced Search' facility will benefit those buyers who have a specific boat in mind.
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