by Hel » 09 Jul 2013 15:46
Quand il aura finit de statuer ! Soit d'après ce qu'a écrit Barclay sur son twitter après la journée de "hearing" de lundi, peut-être aujourd'hui et plus probablement mercredi. (Rappel : SF -9h00 avec nous).
Récap claire des argument par Dana Johannsen sur le
NZ Herald
What's the issue here ?
After the tragic loss of Artemis crew member Andrew Simpson in a training accident two months ago, America's Cup officials formed a review committee charged with improving safety for the event. Once the review was complete, regatta director Iain Murray sought to implement 37 new safety recommendations. One included changes to the rudder specifications, which would mean altering the design rule just a week from the start of competition in the Louis Vuitton challenger series. Team New Zealand and Luna Rossa claim this will unfairly advantage Cup defenders Oracle.
Team New Zealand's argument
Team New Zealand's protest boils down to one key point - they believe Murray has exceeded his jurisdiction by imposing unilateral changes to the design rule.
One of the fundamental pillars of any America's Cup is the class rule, which is proposed by the defender and accepted by the challenger when they enter. Article 4 in the AC72 class rule states changes can only be made with the unanimous consent of competitors - as has been done more than a dozen times in this Cup.
The Kiwi team will test whether Murray has the authority to alter the governing documents in the name of safety, when the word "safety" does not appear anywhere in the 43 pages of the Protocol.
America's Cup race management's argument
The response from regatta director Murray is likely to centre around Article 16 of the Protocol, which requires teams to comply with "all applicable rules and regulations of any city, state, national or governmental authority having jurisdiction over the event or part thereof".
Having included the 37 recommendations in their application to the US Coastguard for a marine event permit, which was subsequently granted, Murray will argue they effectively become requirements for the teams.
As Murray announced last week, if anything changes in his safety plan, he must immediately notify the Coastguard and make an assessment of the overall safety of the event. His view is that racing will not be safe if his rudder stipulations are not upheld by the jury and the regatta will have to be cancelled.
Sauf que... je ne vois pas trop comment les arguments de Murray peuvent tenir si on en croit ce qui s'est passé dans l'ombre des officines. Toujours d'après Dana Johannsen dans le
NZ Herald. (S'il y a deal possible sur l'aménagement des règles, ça signe bien que ce n'est pas valable de nous en ch... une pendule avec l'Autorité Sécurité !)
...Cup organisers attempted to broker an 11th-hour deal that would have seen the Italian team take their place on the start-line yesterday, but negotiations stalled, leaving Team New Zealand to open the Louis Vuitton Cup by themselves.
The Herald understands intense negotiations were held on Sunday night to try to resolve the debate over the new rudder regulations that threatens to derail the entire event, and ensure Luna Rossa would be on the start line. Sources close to the negotiations say the teams got "very close" to reaching an agreement ahead of the jury hearing, but Luna Rossa owner Patrizio Bertelli has been angered by comments made by Artemis boss Paul Cayard in recent days and refused to back down.
PS. On peut lire aussi les acres commentaires de Troublé sur le sponsoring LV dans ce dernier article.
PPS. Lu aussi la réponse de Barclay (suite à une question pourquoi ne pas avancer le hearing) :
"we would if we could. ISAF controls the jury, not the organisers. that said, we have asked ISAF to intervene"Quand il aura finit de statuer ! Soit d'après ce qu'a écrit Barclay sur son twitter après la journée de "hearing" de lundi, peut-être aujourd'hui et plus probablement mercredi. (Rappel : SF -9h00 avec nous).
Récap claire des argument par Dana Johannsen sur le [url=http://www.nzherald.co.nz/yachting/news/article.cfm?c_id=106&objectid=10895663]NZ Herald[/url]
[quote][b]What's the issue here ?[/b]
After the tragic loss of Artemis crew member Andrew Simpson in a training accident two months ago, America's Cup officials formed a review committee charged with improving safety for the event. Once the review was complete, regatta director Iain Murray sought to implement 37 new safety recommendations. One included changes to the rudder specifications, which would mean altering the design rule just a week from the start of competition in the Louis Vuitton challenger series. Team New Zealand and Luna Rossa claim this will unfairly advantage Cup defenders Oracle.
[b]Team New Zealand's argument[/b]
Team New Zealand's protest boils down to one key point - they believe Murray has exceeded his jurisdiction by imposing unilateral changes to the design rule.
One of the fundamental pillars of any America's Cup is the class rule, which is proposed by the defender and accepted by the challenger when they enter. Article 4 in the AC72 class rule states changes can only be made with the unanimous consent of competitors - as has been done more than a dozen times in this Cup.
The Kiwi team will test whether Murray has the authority to alter the governing documents in the name of safety, when the word "safety" does not appear anywhere in the 43 pages of the Protocol.
[b]America's Cup race management's argument[/b]
The response from regatta director Murray is likely to centre around Article 16 of the Protocol, which requires teams to comply with "all applicable rules and regulations of any city, state, national or governmental authority having jurisdiction over the event or part thereof".
Having included the 37 recommendations in their application to the US Coastguard for a marine event permit, which was subsequently granted, Murray will argue they effectively become requirements for the teams.
As Murray announced last week, if anything changes in his safety plan, he must immediately notify the Coastguard and make an assessment of the overall safety of the event. His view is that racing will not be safe if his rudder stipulations are not upheld by the jury and the regatta will have to be cancelled.[/quote]
Sauf que... je ne vois pas trop comment les arguments de Murray peuvent tenir si on en croit ce qui s'est passé dans l'ombre des officines. Toujours d'après Dana Johannsen dans le [url=http://www.nzherald.co.nz/yachting/news/article.cfm?c_id=106&objectid=10895625]NZ Herald[/url]. (S'il y a deal possible sur l'aménagement des règles, ça signe bien que ce n'est pas valable de nous en ch... une pendule avec l'Autorité Sécurité !)
[quote] ...Cup organisers attempted to broker an 11th-hour deal that would have seen the Italian team take their place on the start-line yesterday, but negotiations stalled, leaving Team New Zealand to open the Louis Vuitton Cup by themselves.
The Herald understands intense negotiations were held on Sunday night to try to resolve the debate over the new rudder regulations that threatens to derail the entire event, and ensure Luna Rossa would be on the start line. Sources close to the negotiations say the teams got "very close" to reaching an agreement ahead of the jury hearing, but Luna Rossa owner Patrizio Bertelli has been angered by comments made by Artemis boss Paul Cayard in recent days and refused to back down.[/quote]
PS. On peut lire aussi les acres commentaires de Troublé sur le sponsoring LV dans ce dernier article.
PPS. Lu aussi la réponse de Barclay (suite à une question pourquoi ne pas avancer le hearing) : [i]"we would if we could. ISAF controls the jury, not the organisers. that said, we have asked ISAF to intervene"[/i]