America’s Cup: Be wary of the fine print

Jimmy Spithill, helm for the Luna Rossa Prada Pirelli Team, has gone on record regarding faulty electronics each team is required to use for the 37th America’s Cup. “This is the first time we have been supplied racing software, and there’s definitely been a lot of bugs with what the Kiwis have supplied everyone,” he said.

It was these electronics that hurt his team during the challenger selection series, as the Italians were poised to win the first stage before a software failure disqualified them from a pivotal race against the Swiss. And when the team submitted a Request for Redress, the fine print sank the first protest of the competition:

SUMMARY OF REQUEST:
During Race 29, the supplied FCS software of our AC75 sustained an irreversible error that caused the inability for the crew to operate the yacht.

We believe that our score was made significantly worse through no fault of our own due to the action of a third party, i.e the supplier of the faulty software. This incident materially affected the outcome of the race by not allowing us to use the FCS and therefore not start the race. It also created a serious safety concern by preventing safe control of the boat forcing the crew to sail through the spectator fleet at high speed.

JURY DECISION:
The Jury interprets from the Racing Rules of Sailing – America’s Cup (RRSAC) that there is no process nor right for ITA to seek redress.

Redress is instigated by the Measurement Committee reporting serious damage or injury to the Jury and then the requirement under the rules is that the Jury ‘shall’ consider redress (refer RRSAC 60.3(c)). The Jury Chairman has contacted the Chief Measurer this morning. It was explained that the Measurement Committee was involved in the process in the evening to gain access to the data files. The Measurement Committee has not made any report to the Jury about this issue.

The Jury has used RRSAC 64.1(c) to consider the ITA request to determine if the request can be treated in another manner under the RRSAC. A ‘protest’ is defined in RRSAC as ‘An allegation made under rule 61.2 by a boat, the Regatta Director or the Jury that a boat has broken a rule.’ The request received from ITA has no allegation that any boat has broken a rule, therefore the Jury is unable to proceed with this case as a protest. RRSAC 63.1 requires that the Jury hears all protests, however, in this instance the request for redress sent by ITA is not a protest (as defined).

In this case, there is no rule that allows the Jury to hold a hearing on this matter. The Jury will not be proceeding any further.

37th America’s Cup International Jury
Richard Slater (Chairperson), Miguel Allen, Arnaud Mante, Craig Mitchell, and Sofia Truchanowicz

Viewing details – Race information – Results – Weather forecast

2024 Louis Vuitton Cup Challenger Selection Series
August 29-September 8: Double Round Robin
September 14-19: Semi Finals (Best of 9)
September 26-October 7: Finals (Best of 13)

Team New Zealand competes in the round robin stage only, and the results of their races are not included in the challenger leaderboard. Races start at 14:00 CET (08:00 ET) and run until 16:30 or 17:00, depending on the schedule.

Following the publication of the AC37 Protocol and AC75 Class Rule on November 17, 2021, the AC75 Class Rule and AC Technical Regulations were finalized on March 17, 2022. The entry period was from December 1, 2021 until July 31, 2022, but late entries for the 37th America’s Cup could be accepted until May 31, 2023. The Defender was to announce the Match Venue on September 17, 2021 but postponed the reveal, finally confirming Barcelona on March 30, 2022. The 37th America’s Cup begins October 12, 2024.

Teams revealed to challenge defender Emirates Team New Zealand (NZL):
• INEOS Britannia (GBR)
• Alinghi Red Bull Racing (SUI)
• Luna Rossa Prada Pirelli Team (ITA)
• NYYC American Magic (USA)
• Orient Express Racing Team (FRA)

2023-24 Preliminary Regattas
September 14-17, 2023 (AC40): Vilanova i la Geltrú, Spain
November 30-December 2 (AC40): Jeddah, Saudi Arabia
August 22-25, 2024 (AC75): Barcelona, Spain

2024 Louis Vuitton Cup Challenger Selection Series
August 29-September 8: Double Round Robin
September 14-19: Semi Finals (Best of 9)
September 26-October 7: Finals (Best of 13)

2024 America’s Cup
October 12-21: 37th Match (Best of 13)

For competition details, click here.

Additionally, 12 teams will compete in the 2024 Youth & Women’s America’s Cup.

Noticeboard: https://ac37noticeboard.acofficials.org/
Event details: www.americascup.com/en/home