Please select your home edition
Edition
Vaikobi 2024 Black Friday

America's Cup- Jury deflects Artemis claim over error on daggerboards

by Richard Gladwell on 25 Nov 2012
Artemis Racing’s AC72 with smaller volume daggerboards designed to a different AC Rule interpretation Sander van der Borch / Artemis Racing http://www.sandervanderborch.com

Artemis Racing, the Challenger of Record for the 34th America's Cup, have lost an appeal to the International Jury over their earlier daggerboard/hydrofoil measurement decision.

On October 7, the International Jury ruled on an application from Emirates Team New Zealand, that the Measurement Committee had exceeded its jurisdiction in issuing an interpretation that changed a Class Rule governing the AC72 catamarans to be used in the America's Cup Regatta starting in July 2013.

The key to that decision was whether or not the daggerboards used by the catamarans should be either raised or lowered when calculating the displacement of the canoe body of each hull of the catamarans.

The rule said that the canoe body could not be less then 45% of the total displacement. (Class Rule 1K states: hull means a canoe body, part of which displaces 45% or more of the AC72 Yacht’s displaced volume when floating in measurement condition;)


The Measurement Committee had made the ruling that the canoe body (normally the plain hull of a boat, without keel or rudder attached) should have its displacement measured with the dagger boards down.

Because the dagger boards have positive buoyancy, this ruling would have had the effect of reducing the size of the dagger boards, and possibly limiting the ability of the AC72 to sail in a hydrofoiled mode.

In the original decision Emirates Team NZ and Luna Rossa argued against the Challenger of Record and Defender Oracle Team USA, claiming that the Measurement Committee had effectively changed a class rule, which they were not permitted to do.

Surprisingly, regatta organisers America's Cup Regatta Management lodged a submission in support of the New Zealand and Italian teams - an unprecedented move which is understood to have displeased both the Challenger of Record and Defender. ACRM for the first time in America's Cup history, has been established as a body independent of the competitors and made a submission as it saw fit, rather than in bygone days when it, or its equivalent would have taken a position on such matters which would always have been solidly behind the Defender.

With a 3-2 majority in favour of the Emirates Team New Zealand position, it was possibly not surprising that the International Jury sided with the majority view, and ruled that the daggerboards could be in the raised position to calculate the canoe body displacement. (Such a rule is necessary as being the only real way to determine that a boat is a catamaran type (two equal hulls) and not a trimaran or proa or some other sort of multihull.)

The original Jury Decision was greeted with dismay by both the Challenger of Record and Defender.

Not surprisingly the Challenger of Record, who would normally speak for all, or a majority of the Challenger, decided to lodge an appeal to the same International Jury, claiming that they had committed the same error they accused the measurement Committee of doing - namely to effectively change a class rule, and had exceeded their authority.


The Jury Decision summarised the Artemis Racing claim thus:

6. AR (Artemis Racing) claimed that the Jury amended the CR (Class Rule) by noting in paragraph 56 of its Decision in AC16 (original decision #) that the Decision would have the effect of removing the '45%' limitation in CR 1.4(k) which was to allow a maximum of 10% for displacement of foils.

7. AR also submitted that neither the CR nor the Protocol give the Jury the right to remove or amend a CR. They submitted that the MC (Measurement Committee) in issuing PI (Public Interpretation) 22 had interpreted CR 1.4(k) without changing any of its words. To amend a CR requires the unanimous consent of all the Competitors.

8. AR further submitted they have spent two years researching and designing their AC72 Yacht based on the volume limits depicted in CR 1.4(k) and the removal of such limits 'renders much of that work meaningless, and sways the balance of foiling vs non-foiling in the favor of the foiling solution.' AR also claimed 'this Amendment unnecessarily favors the interest of on competitor.'


However the International Jury was not persuaded by the arguments advanced by Artemis Racing and supported by Oracle Team USA, and dismissed the claim that it had erred in its original Decision.

In the Discussion section of its decision on the appeal the International Jury noted that it had the right to make a determination under the Protocol, and that all it had done in its original decision was to remove
the additional conditions prescribed by the Measurement Committee, including the need for the daggerboards to be fully lowered.

The International Jury rules that all it had done was to reinstate the Class Rule as it had originally been written, and therefore the Jury’s Decision did not change a Class Rule as Artemis Racing had alleged.

The appeal by Artemis Racing was dismissed.

http://noticeboard.americascup.com/wp-content/uploads/2011/08/JN054.pdf!Click_here to read the latest Decision and http://noticeboard.americascup.com/wp-content/uploads/2011/08/JN051.pdf!click_here to read the original Decision of October 7, 2012

For the full AC Class rule http://noticeboard.americascup.com/wp-content/uploads/2011/09/AC72_Class_Rule_v1-1_incl-Amendments-1-8.pdf!click_here

Boat Books Australia FOOTERZhik Black Friday 2024 SaleSelden 2020 - FOOTER

Related Articles

Sydney Short Ocean Racing Championship - Day 1
Perfect conditions set scene at Nautilus Marine Insurance Sydney Short Ocean Racing Championship Day 1 of the 2024 Nautilus Marine Insurance Sydney Short Ocean Racing Championship (SSORC) could not have been any better - a beautiful north-easterly sea breeze on a sunny hot day was the perfect way to brush off the cobwebs and enjoy a day offshore.
Posted today at 9:38 am
2024 44Cup Nanny Cay Day 2
Nika recovers her mojo as Artemis Racing edges into the lead in the BVI Conditions on the British Virgin Islands' St Francis Drake Channel further improved today; still shifty, thanks to the islands to weather and the tropical clouds overhead, but with more wind - ranging from 9-13 knots.
Posted today at 12:08 am
Maxi Cup 2024 | Video on Scallywag's Bow
What the action is like up-close on the bow of a 100 footer when there's breeze Ever wondered what the action is like up-close on the bow of a 100 footer when the breeze is on?
Posted on 22 Nov
Etchells Worlds entries closing on 30 November
Just one more week to enter the Melbourne event The 2025 Etchells Worlds entries close in just over a week and the competition is continuing to ramp up at the Royal Brighton Yacht Club (RBYC).
Posted on 22 Nov
Vendée Globe Friday Evening Update
Plus SailGP Season 5 starts tomorrow! Charlie Dalin has extended his lead in the Vendée Globe, but he could shortly encounter lighter winds than the following pack, before they are hit by the developing low pressure system in the South Atlantic.
Posted on 22 Nov
Vendée Globe Race - Day 14 - Mind the Gap
Almost half the fleet are now across the Equator and into the Southern Hemisphere Of the 39 boats still racing in the Vendée Globe most are now out of the Doldrums and almost half are now across the Equator in the Southern Hemisphere. Thomas Ruyant (VULNERABLE) led the fleet across last night at 1910hrs yesterday evening.
Posted on 22 Nov
49er, 49erFX, and Nacra 17 sailors in SailGP
A look at the sailors from our classes competing this weekend The fifth season of SailGP launches this weekend in Dubai, bringing together 11 national teams and some of the world's best sailors.
Posted on 22 Nov
Dylan Fletcher race ready for his return to SailGP
At the Emirates Dubai Sail Grand Prix presented by P&O Marinas this weekend Dylan Fletcher is race ready for his return to SailGP, after taking on the Driver role for Ben Ainslie's Emirates Great Britain Sail Grand Prix Team.
Posted on 22 Nov
Race for the Rolex SailGP Championship begins
With the Emirates Dubai Sail Grand Prix this weekend This weekend, the most exciting racing on water returns to the iconic city of Dubai - marking the official start of SailGP's most expansive season to date.
Posted on 22 Nov
ETNZ ranked #5 in major sport brands
Emirates Team NZ has been ranked at #5 on the global Sports Technology Power List In the 2024 Sports Technology Annual Review and Power List published Friday, Emirates Team New Zealand has been ranked at #5 on the global Sports Technology Power List by The STA Group who champions the best sports technology globally.
Posted on 22 Nov