Looking towards America’s Cup 37

Dr. Hamish Ross, a legal advisor for America’s Cup teams who completed a PhD at the University of Auckland on the legal issues surrounding the America’s Cup, shared his opinion on what the America’s Cup needs in May 2020. In this report, he refines the vision on how to move forward.

While there is a lot of water to flow yet in AC36 and a winner to be crowned, the way the Deed of Gift works, all potential winners will have started at least some rudimentary planning for their defense, including identifying their possible challenger of record and giving some thought to the shape and structure of the next America’s Cup.

What does the Cup need?
I would argue it is in need of more competitors and that every decision made needs to be made with this in mind – “will a proposed solution promote or reduce challengers?” The future world economies will continue to be under COVID stress so that funding from governments, sponsors and venues may be much harder to come by than they were pre-2020.

The Yachts
The type of yacht is a vexed issue with many valid arguments and I don’t intend to go over them here, but given it is likely that the AC36 winner will favor what they have proved to be the fastest in, it will be hard to persuade them to give up their advantage and move away from the

AC75 Class
If the AC75 Class is to remain, then I argue it needs to become a near one-design, allowing for some small modest design innovations. This will reduce costs significantly, allow more combined purchasing of expensive components, and most importantly, will democratise access to technology so that a new comers will have a chance of footing it with the established teams. It will also remove the need for the costs of a large design team.

Certainly, the yachts will need to be built “in country” to satisfy the Deed requirements, but this can be limited to the hull shell and not need to extend to other components.

The twin skin mainsail has been a nice solution to deal with the sometimes near unmanageable wings, but we need to be rid of pointless “grinding” simply to provide power – it’s not sailing but a gym workout. Put in a battery and pump and save on the employment costs. Let’s get the sailors out of their trenches so we can better see them.

12th Man
A way needs to be found to allow the team owners to be part of the team if they wish to do so. Find a way to make a 12th man position – not as a passenger – but as a fully-fledged member of the crew. Give those writing the checks a chance to play in the sport in a way they can never do so any other sport – the AC can make it happen making it a unique sporting opportunity. Bring back the Vanderbilts, Sopwiths, Kochs, Bichs, Bertarellis and the like.

Expenditure Limits
Perhaps a good idea, but it should start with a healthy upper limit combined with an annual audit from an international accounting firm. If you are found to breach the limit, do you lose the AC you have won it? I can see plenty of work for lawyers in this which is not a great start to a new rule proposal.

Team Size Limits
Another possible cost saving, but how do we count who is on the team? Sailors and shore crew might be easy to count, but what about contractors building components, giving advice such as an accountant or lawyer, the yacht club representatives helping out, or volunteers?

Pre-regattas, World Series, Acts at other venues
These are just too expensive, never generate a surplus, and are a drain on the cost to compete. Dump them in favor of a quicker Cup cycle. Require the teams to be at the venue earlier and hold a warm up regatta(s) at the venue. A better return for a selected venue.

Number of Races
Do we really need more races in the Match or the Challenger Finals? 1983 and 2013 aside, it seemed pretty clear that a first to win 4 or 5 races was more than enough. Why incur the extra cost?

Governance
The commercial aspects of both the Challenger Series and the Match need to be combined once again. This was key to the financial success of 2007 when, for the only time in Cup history, did all teams receive a dividend based on their performance. The splitting them again in 2021 has not been a success. It should be left to experienced professional international event management, with all the Teams having some kind of representation at board level. If the Deed creates a trust in the Cup – the any income derived from it is a trust asset.

Nationality
By all means keep this as an element of the Cup with a foreign sailor allowance, but allow new countries to come with a more generous foreign sailor allowance to allow national experience to build up. Measure it simply – a passport or use nationality rules from other sports such as the Olympics.

TV & Race Management
These appear to be working very well and need little change – but I would not allow broadcasters use non-sailor commentators – local TVNZ as prime example – as our sailors flock to the YouTube coverage for more expert international commentary.

Officials
The Cup benefits from a solid pool of highly experienced dedicated and highly professional officials. It would be hoped any future defender will continue to use them. These people along with the many volunteers, have always been the unsung, unappreciated and unheard of heroes of the Cup.

More information:
• Prada Cup format, standings, and how to watch online: click here.
• Complete America’s Cup coverage: click here
• Additional America’s Cup information: click here