America's Cup: Power struggle for the future - Alinghi signals chance of a comeback

In the America's Cup, the waves of indignation on the part of the challengers continue to rise. After the Challenger of Record (Athena Racing) and the US team New York Yacht Club American Magic accused the New Zealand America's Cup defenders of a lack of transparency and cooperation in two consecutive statements on 22 May, there has now been new criticism. And the tone is getting harsher.

38th America's Cup: Alinghi gets involved

In three consecutive statements on 29 May, which were obviously coordinated in terms of timing and content, first Team Alinghi (Switzerland), then Athena Racing (Great Britain) and finally American Magic (USA) once again made serious accusations against Team New Zealand within around an hour and a half. Alinghi's approach was particularly surprising.

The two-time Swiss America's Cup winners (2003, 2007) originally withdrew from their Cup activities in April this year. The Swiss had justified their withdrawal in April by stating that they had been unable to reach "an agreement with the defender about the future of the event".

The Alinghi statement from 22 April already said: "We would have liked to have seen more responsibility, more transparency and new opportunities to act not only individually but as a group. In this way, we could all have worked together to organise a commercially viable event that would have attracted worldwide television coverage, spectators and sponsors."

Naples welcome, Kiwis criticised for going it alone

As a consequence, the Swiss announced the dissolution of their team in April. Now there could be another comeback in the team's history. In the current statement of 29 May, the team of the 59-year-old Rome-born racing team owner Ernesto Bertrarelli bows deeply to the chosen venue of Naples, but at the same time sharply criticises the actions of the New Zealanders.

The statement said: "While we wholeheartedly welcome the choice of Naples as the perfect venue for the 2027 Cup, our concerns were heightened yesterday as Team New Zealand celebrated the announcement of the venue at an event in the city." Click here for the YACHT report on the America's Cup presentation by Italy's Prime Minister Giorgia Meloni.

The "concerns" now expressed by Team Alinghi are directed against the determination and announcement of the venue without consultation with the challengers. The Alinghi statement reads: "They had no right to do so without first agreeing a protocol with the Challenger of Record, Athena Racing, who were not consulted on the venue decisions, which are critical to all challenger teams in terms of cost and logistics."

38th America's Cup: unacceptable sale of rights?

The Swiss had previously sent a letter to this effect to the official defenders of the Royal New Zealand Yacht Sqaudron in accordance with the Cup statutes. In their statement, they have now become even clearer: "By signing a commercial contract with the host city, which includes the challenger series for the Louis Vuitton Cup, Team New Zealand has sold something to which it has no rights. That is not acceptable."

The New Zealanders' decisions are proof that the defending champions are not fulfilling their duties as trustees of the America's Cup. It continues: "As a two-time Cup winner and former trustee, Alinghi has always felt a responsibility to the America's Cup and believes that those who organise and run the event should always put the common interest of the Cup above all else."

Towards the end of the statement, in which Alinghi clearly sides with Sir Ben Ainslie's Challenger of Record Athena Racing and American Magic, the Swiss suddenly adopt a more positive tone: "We remain confident that the defending champion and the challenger can agree on a protocol that creates a fair sporting framework for the regatta and an economically viable event for all participants in the America's Cup."

Alinghi about to make a comeback in the America's Cup?

The real surprise comes at the end of the Alinghi statement, with the Bertarelli racing team holding out the prospect of another comeback in the America's Cup. It says: "If this can be achieved, Alinghi is ready to explore ways in which we can be part of that future, especially in the beautiful city of Naples in 2027, a truly fitting venue for the world's greatest sailing regatta."

The Alinghi move was followed by two further official statements from Athena Racing and American Magic on the afternoon of 29 May. The British Challenger of Record - the lead negotiating partner of the defenders on the challengers' side - continues to complain about a "lack of transparency" on the part of the defenders.

Athena Racing has been "negotiating in good faith for the past seven months and still has serious concerns about several clauses of the protocol, which is far from being 'final' as the defending champion claims." The protocol in the draft stage was published here by the New Zealanders in response to the first public accusations by the challengers.

Power struggle in the America's Cup: is a legal dispute looming?

Ben Ainslie's Cup team has announced its own activities: "Athena Racing is determined to find a solution and agreement for the 38th America's Cup on behalf of all challengers. We will immediately present the defending champion with a protocol and partnership framework that we hope will enable a successful event for all involved in 2027 and beyond."

The statement from American Magic followed the British announcement. It is strikingly common to read in the statements of the pre-surf challengers that the defencemen have not Duties as Cup Trustee violate. The Americans also accuse the New Zealanders of having "sold the Challenger Series without agreement with the Challenger of Record". American Magic declares its support for the Challenger of Record on the way to a "fair and balanced protocol".

Until such a framework agreement is reached, American Magic will not commit to participating in the challenger series for the 38th America's Cup." American Magic

It remains to be seen whether the storm of criticism from the challengers towards the defenders is merely intended to increase the negotiating pressure in the struggle for the protocol and the best possible conditions for the challengers in the 38th America's Cup or whether a possible legal dispute is already being prepared. The Kiwis responded to the latest volley of accusations in a concise and matter-of-fact manner, invoking their rights.

Kiwis answer briefly and succinctly

Emirates Team New Zealand said: "The Defender has the right and obligation under the Deed of Gift to choose the venue and the Memorandum of Understanding signed with the Challenger of Record at the end of the 37th America's Cup also gives the Defender this absolute right and obligation. The Defender remains committed to working with the teams to build a partnership for future America's Cups."

In a further clarification, New Zealand said on 29 May: "The venue for the match and the preceding CSS (ed.: meaning the Challenger Selection Series) will be determined and announced by the AC38 Defender within eight months of the AC37 final. The final dates for the match and the preceding CSS will be announced within a further two months of the venue being announced." The tug of war continues.