America's Cup: British and Americans attack defenders - "We are at a crossroads"

Is it that time again? Should sailors and Cup fans around the world be worried that the America's Cup is going off course, that planning is stalling or that there is a threat of legal disputes? Two statements published on 22 May show just how much the defenders and at least two challengers disagree.

Among them is Sir Ben Ainslie's Athena Racing team, the Challenger of Record. The publicised anger may also have something to do with the recently announced choice of venue, although Naples even meets with approval from the complainants. But they obviously feel excluded from important information.

America's Cup: Controversy behind and in front of the scenes

Both the British Challenger of Record and the US team NYYC American Magic are challenging the Cup defenders from New Zealand on the course to the 38th America's Cup for more transparency and cooperation. Their public behaviour shows how divided the parties must be behind the scenes in their negotiations.

Specifically, the British, who themselves have just had to cope with the separation from main sponsor Ineos, and the Americans are criticising the lack of a Cup protocol, which the defenders and Challenger of Record have not yet been able to agree on.

The protocol was announced by the Defenders for June at the latest. Now, surprisingly, the venue has been announced, while negotiations on the protocol between Challenger of Record and Defender are obviously still a long way from agreement. Rather, it seems that a fierce dispute has broken out over the content and organisation of the upcoming edition of the Cup, which has now prompted the British and Americans to make statements.

Dispute over the path to the America's Cup future

Both teams have stated that a venue has been found in Naples, but the protocol agreed between the defender and Challenger of Record with the most important key data for the upcoming America's Cup is still missing. The team statement from the British Challenger of Record came first on Thursday afternoon. The original reads:

"Athena Racing, representing Royal Yacht Squadron Ltd as Challenger of Record for the 38th America's Cup, is concerned about the ongoing lack of transparency regarding the recent announcement of a host city for the 2027 Cup and the impact this has on the key objective of negotiating a fair sporting protocol.

For the past seven months, Athena Racing has been negotiating a protocol for the 38th America's Cup on behalf of all challengers with defending champions Team New Zealand, with the aim of creating a fair sporting framework and a commercially viable event for all America's Cup stakeholders. Despite recent progress, significant obstacles remain.

As a rule, a cancellation agreement is only concluded after the publication of an agreed protocol." Athena Racing

As no protocol has yet been agreed, it is difficult to understand what exactly has been agreed between Team New Zealand and the Italian government as a sporting framework because the details of the event have not yet been finalised. Any hosting agreement will bind the challengers to financial and organisational obligations as well as potential liabilities, so its disclosure is fundamental to the teams' participation and commitment to the 38th America's Cup.

While we firmly believe that Naples can be a great venue for the America's Cup, we believe that transparency and co-operation between the defender and all challengers is vital to the future of the Cup and the recent announcements from the defending champions are therefore premature at best."

Americans in a boat with Brits

The potential American challengers from the NYYC American Magic team feel similarly "booted out". Their public criticism is also directed at the New Zealand defenders, who apparently negotiated Naples as the venue for the 32nd America's Cup duel single-handedly and decided on it together with the Italian government and the local hosts. The statement from NYYC American Magic confirms the accusations from Great Britain:

"Over the past seven years, we have participated in two editions of the America's Cup with pride, determination and perseverance. It has been an honour to represent the New York Yacht Club and the United States on the world stage in one of sport's most storied competitions.

As we approach the 38th America's Cup, we are at a crossroads and feel it is necessary to inform our team members, partners, donors and supporters of the current status." NYYC American Magic

Despite the efforts of the challengers - led by the Challenger of Record - to negotiate in good faith, the defending champion has been unwilling to commit to the transparency and co-operation required for a fair protocol. Without the structural framework necessary for the challengers to run a viable campaign, it will remain extremely difficult to realise the potential of the America's Cup as a modern, globally relevant sporting event.

We continue to support the Challenger of Record in its efforts to ensure an open and balanced protocol, as without the significant changes it has requested, it is difficult to see how NYYC American Magic can compete in the 38th America's Cup. We remain committed to the America's Cup and would welcome the opportunity to compete under a fair protocol.

But we are equally committed to integrity, transparency and the long-term well-being of the America's Cup as an institution. We urge the Defender, as Trustee, to work in good faith with the Challenger of Record to restore the elements of fair competition, transparency and respect for all sailors worldwide who are the ultimate beneficiaries of this long-standing trust."

The defenders' reaction was initially unclear

A response from the New Zealand defenders will not be long in coming. But it will be a while, because the statements from the UK and the USA were published in the European afternoon, when it was long after midnight in New Zealand.

It can be assumed that knowledgeable lawyers are constantly involved in all camps in the tough and so far unsuccessful negotiations about future Cup content and the exchange of blows that has now become public. What is at stake is nothing less than the power and interests of the respective teams on the way to the 38th edition of the Cup.

Naples! The new venue for the 38th America's Cup was only just announced by the New Zealand defenders and the Italian hosts on 15 May: