America’s Cup: Pots and Kettles

New Zealand-based legal advisor Dr. Hamish Ross provided Scuttlebutt with an op-ed regarding the legal wrangling occurring in the 38th America’s Cup. However, from across the Tasman Sea, Australian Damian Christie took exception with Ross’ opinion:

I find it ironic that some of the same actors behind the biggest controversies in the modern history of the America’s Cup today continue to agitate as proverbial pots calling the kettles black – in this case Dr. Hamish Ross questioning the integrity of Emirates Team New Zealand, the Royal New Zealand Yacht Squadron, and the America’s Cup Partnership (ACP) entity.

This is the same Dr. Hamish Ross, who was from 2000 to 2010 the general counsel for Ernesto Bertarelli’s Team Alinghi, the then Swiss trustee Societe Nautique de Geneve (SNG) and America’s Cup Management (ACM), the organizing body behind AC32 and AC33 in Valencia. And I recall their kettles being called black too!

I agree with Ross that the New York Yacht Club (NYYC) is entitled to do its due diligence and inquire whether the new America’s Cup Partnership complies with and respects the Cup’s Deed of Gift via the New York State Attorney-General’s Department.

However, it should be noted that numerous private entities have managed the Cup’s infrastructure (not the broader racing nor the match, as per the Deed) on behalf of the Defender and the trustee since the NYYC lost the Cup in 1983. One of these was ACM, the organizing body behind AC32 and AC33.

Further, Ross was involved in drafting the Protocol for Alinghi’s original (and ultimately aborted) Protocol for its 2010 Defense. That Protocol would have created the type of entity that he and another agitator – Tom Ehman – are now accusing the Kiwis of creating – and was criticized by prospective Challengers of being one of the most punitive and draconian in Cup history.

That Protocol defied the notion of the Cup as a Challenger-driven event and attempted to hand total control of the event, rules, schedule, and management to the Defender and trustee (in that instance, Alinghi and SNG).

Ross’s Protocol was also accused of failing to observe the basic, mandatory requirements of the Cup’s Deed of Gift – omitting a fixed regatta date, a specific race location, and clear boat design rules, and parameters (which were only available to Alinghi which wanted to design the boat).

And further the “Challenger of Record” (COR) was Club Nautio Españolde de Vela (CNEV), a paper yacht club which had never hosted an annual regatta, as per the Deed’s specifications, and was a proxy for the Spanish Sailing Federation (Real Federación Española de Vela), which had backed the unsuccessful Desafío Español in lieu of a yacht club.

Ironically, in the lead-up to AC32, the NYYC even queried the legitimacy of Desafío Español as a viable challenger under the Deed, which Ross, SNG, and Alinghi ignored (therefore failing to afford the NYYC the respect as the original trustee that Ross argues for now).

When CNEV presented its Notice of Challenge for AC33 to SNG, it was Ross himself who prepared the paperwork, including the affidavit specifying the vague dimensions of the new America’s Cup class vessel that was to be designed by Alinghi.

Ross was also the very public face of Alinghi, ACM, and SNG in defending the proposed Protocol and later contesting the defense for the New York Supreme Court action brought on by Larry Ellison, Tom Ehman, Oracle Racing, and the Golden Gate Yacht Club (GGYC), which challenged CNEV’s legitimacy as the COR.

So, flash forward to 2026, and how exactly does the ACP, which provides all the competitors with a shared governance and commercial structure, contradict the Deed of Gift?

We know when and where the regatta is occurring (in June 2027 in Naples, Italy), we know the types of yachts that will be sailed (the foiling AC75 class for the third straight edition), and the rules and racing regulations have been agreed by mutual consent, also in compliance with the Deed of Gift.

And the Challengers are very much involved in the organization of what is traditionally a Challenger-driven event.

If there is an objection to possible arrangements beyond the 2027 Cup – with the possibility of regattas on two-year cycles and potentially being fixed to one venue among the Defender and challenging group – then we’ve been down that route before anyway.

Oracle and the GGYC also proposed holding future Cup regattas in Bermuda on shorter cycles if they had prevailed in the 2017 America’s Cup. Only Team New Zealand didn’t sign up to that proposal – and I suspect any future trustee which disagrees with such a proposal will do the same, also in accordance with the Deed.

Team Australia CEO Grant Simmer has already joked that the Aussies might tear up the ACP if they prevail!

When it comes to integrity in the America’s Cup, Hamish Ross is an “emperor” with no clothes. I find it amusing that he and Tom Ehman, another actor who has also shown little respect for the Deed and the legacy of the competition when it suited him over the best part of 40 years, have both backed a petition on change.org that is also aimed at backing the NYYC’s enquiries.

It is time for these “ghosts of America’s Cups past” to retire and stop grumbling about how the modern Cup is run because (like Ernesto Bertarelli) they’re remorseful they couldn’t modernize and remake the Cup in their image.

Editor’s note: When the America’s Cup was in San Diego, Ehman was the lead organizer for the 1992 edition but was not asked to return for the 1995 event. He then latched on to various campaigns, with the longest ride alongside Larry Ellison’s efforts. When Russell Coutts joined that team for the 2013 Cup, he showed Ehman the door afterwards, and no team has since sought his involvement.

Defender New Zealand and Challenger of Record from Great Britain confirmed the Protocol for the 38th America’s Cup on August 12, 2025. The close of the initial entry period was October 31, 2025, with late entries considered up to March 31, 2026.

For the 38th America’s Cup, the AC75 has a helm and trimmer on each side of the boat along with a fifth crew position and a sixth passenger position.

38th America’s Cup: https://www.americascup.com/

38th America’s Cup entrants:
• Emirates Team New Zealand (NZL) – Defender
• Athena Racing (GBR) – Challenger of Record
• Luna Rossa (ITA) – Challenger
• Tudor Team Alinghi (SUI) – Challenger
• La Roche-Posay Racing Team (FRA) – Challenger
• American Racing Challenger Team USA (USA) – Challenger
• Team Australia (AUS) – Challenger

After the 2024 event, Barcelona, Spain declined hosting another edition, with the venue moved to Naples, Italy. Challenger racing is May 22 to July 4 before the 38th Match on July 10-19. Full details.

Preliminary Regattas:*
May 22-24, 2026 – Cagliari, Italy
September 24-27 – Naples, Italy

* The Protocol noted how there would be as many Preliminary Regattas as possible, with the intent to have three during 2026 and one possibly in early 2027, and a final event at the Match Venue immediately prior to the challenger series. Only two have been thus far revealed.