Please select your home edition
Edition
Barton Marine 2019 728x90

America's Cup: Malta Altus Challenge smiling after big win

by Richard Gladwell Sail-World NZ 7 Feb 2019 05:18 UTC 7 February 2019
Royal Malta Yacht Club is represented by the Malta Altus Challenge in the 36th America's Cup © Rolex / Kurt Arrig

The Arbitration Panel for the 36th America's Cup has just released their first Decision of the 36th America's Cup.

It is a big win for the Malta Altus Challenge, and indeed any team looking to bypass the "100% nationality" rule that applied for the 2021 America's Cup.

On December 6, 2018, less than a week after their Challenge was accepted by America's Cup Defender the Royal New Zealand Yacht Squadron, the Malta-based Challenger, lodged a request with the three-person Arbitration Panel seeking a definition of the term "nationality" as used in the Protocol for the 36th America's Cup.

This was the first decision for the Arbitration Panel, headed by Australian David Tillett, Graham McKenzie (NZL) and Prof Henry Peter (SUI).

Under the tight nationality rules for the 36th America's Cup, all sailing crew are required to be nationals of the country of the Club their Team represents.

The Protocol provides two ways that will satisfy this requirement.

Article 10.2(a) says it will be satisfied "if the person is a national of that country".

A second way is if the person lives in the country of the Club their Team represents for a total of 380 days from September 1, 2018, to August 31, 2020; or if they are Late Challengers, the 380 days runs from December 1, 2018, to November 30, 2020.

The term "national" in the context of Article 10.2(a) is not defined in the Protocol. And could be construed to mean that someone who was a passport holder of their Team's country would satisfy that national requirement.

Malta Altus Challenge engaged Dr Hamish Ross, a former legal and rules adviser to the Swiss Alinghi team, twice winners of the America's Cup. Ross is domiciled in New Zealand and is also serving as the team's Strategic Director - handling base and similar team issues required in Auckland. His PhD is in the America's Cup.

The Malta Altus Challenge used as a test case a "Sailor A", believed to be one of the professional sailors sought to be engaged by the team, but one who was not a Maltese citizen - and for various reasons would have struggled to reside for 380 days in the historic Mediterranean island state.

The term "national" was not defined in the Protocol, and the Protocol provides for the Arbitration Panel can to then apply a dictionary meaning of the term in making its Decision.

Two teams, the American Magic (New York Yacht Club) and Ineos Team UK (Royal Yacht Squadron) filed Responses to the Arbitration Panel. They are believed to have held different views but did not disagree with the interpretation conclusions of the Arbitration panel.

Two weeks later, in its Decision, the Arbitration Panel ruled that "If Sailor A becomes a citizen of Malta and receives a passport of that country at any time before the commencement of racing in the Challenger Selection Series, that will satisfy Article 10.2(a) of the Protocol."

That Decision clears the way for Malta Altus Challenge to engage a multi-national team, and bring those sailors into the team at any time before the start of the Prada Cup, the Challenger Selection Series for the 36th America's Cup, provided they have been issued with a Maltese passport. It means that Malta can cherry pick a multinational America's Cup crew from the best sailors available, including those who are committed to sailing in the SailGP series for countries like Australia, which do not have a Challenger in the 36th America's Cup.

They are believed to be in a position to engage several key sailors from Artemis Racing team (SWE), who came within an ace of winning the Challenger Selection Series in Bermuda - and statistically had more leg wins than Emirates Team New Zealand in the Louis Vuitton Trophy final. They also had two wins in the America's Cup Qualifier Series in their Match with Oracle Team USA.

While the principle of the Arbitration Panel's Decision is expected to apply to any team, they probably still have to make a specific application to the Arbitration Panel and state their case to be completely assured of the legality of their actions.

The other six teams are expected to continue to hire all-national sailing teams engaging people who are citizens of the country of the Team.

Malta Altus Challenge does have to pay the costs of the Decision, put at NZD$8,000 - however in the grand scheme of the 36th America's Cup that is a small investment for a very significant gain for the Maltese team.

Related Articles

Smart Sailing for Day Trips
Simple, Reliable Gear from Marine Products Direct When you're heading out for a sail over the weekend or a quick coastal hop, your gear needs to be as dependable and fuss-free as your boat. Posted today at 8:30 am
Video Review: The Amazing Cure 55
Composite Construction meets Cruising Convenience It was two years ago at the Sanctuary Cove International Boat Show that I talked to Dave Biggar about his ideas and plans for the Cure 55. At the 2025 show I got to step on board the yacht and see how his ideas became reality. Posted today at 4:39 am
Announcing the SSCA Annual Cruising Conference
GAM in Melbourne, FL for three days in November For three days in November, Seven Seas Cruising Association(SSCA) members unite for seminars, information sessions as well as gatherings in Florida. Posted on 16 Jun
Dedicated boat insurance
Dedicated boat insurance from Compareboatinsurance.co.uk Summer is finally here and boat owners are putting the finishing touches to their boats ready for the season ahead. Posted on 16 Jun
Introducing the RS Aira 22
RS Sailing Adds New Daysailer to their Adventure Range RS Sailing are proud to announce the addition of the RS Aira 22 to their cruising portfolio, as they take on the build license, distribution, marketing and sales from Aira Boats. Posted on 15 Jun
Jazz Turner's fundraising target is smashed
Already £30k raised for Sailability, so it's time to up the ante Jazz Turner has now passed the northern-most tip of Ireland and is on her way to the Shetland Islands, and at the same time her fundraising total of £30,000 has been smashed! Posted on 15 Jun
Bulwarks and Bulldust – watch Episode Six
Episode Six is now live - Are boat shows still relevant? Episode Six - asks the question, 'Are boat shows still Relevant?' We also offer some thoughts on changes and updates. The final episode of Series One is now live Posted on 13 Jun
King's Birthday Honours for RNLI lifesavers
Six volunteers and one member of staff, have been honoured by The King Royal National Lifeboat Institution (RNLI) lifesavers with a combined 275 years of dedicated service have been recognised in His Majesty The King's Birthday Honours. Posted on 13 Jun
Next RYA Connected Webinar on 23rd June
Securing funding and finance for your club If you're interested in securing funding or finance to enable investment for capital infrastructure projects then we think you will want to know about this webinar... Posted on 13 Jun
Become Pacific plastic hunters this summer
The Ocean Cleanup is calling on sailors out in the Pacific The Ocean Cleanup is calling on sailors out in the Pacific, anywhere between California and Hawaii this summer, to take part in its research expedition to help map plastic in The Great Pacific Garbage Patch (GPGP). Posted on 12 Jun
Selden 2020 - FOOTERMarine Products Direct 2023 - Calypso FOOTERExposure Marine