But why on earth did BMWOracle’s decide to Appeal?

At last, the World thought the America's Cup was back on track as a panel of five judges, split three to two overturned a previous decision which had granted Larry Ellison's GGYC/ BMW Oracle the sole right to challenge the Swiss holder Ernesto Bertarelli's Alinghi. This latest decision did pretty well wipe all that has occurred over the past 12 months between SNG/Alinghi and GGYC/BMW Oracle and effectively hit System Reset on the 33rd America’s Cup.

New York attorney Barry Ostrager, the lead counsel for SNG/Alinghi, stated he did not think the sailing community would look favorably on any further litigation initiated by GGYC that would further protract the timetable for the next America’s Cup.

Considering that GGYC/BMWOracle was not going to Appeal, the time frame for the 33rd “conventional” America’s Cup was extremely tight with the 10-months notice period about to start early August and a 33rd America’s Cup Match held around June 2009 at the earliest. All the other potential Challengers, were very hopeful that this meant an end to this long process and that it allowed all of the teams to race the next America's Cup at Valencia. The status on 7th July 2007 was fully operative with CNEV as Challenger of Record and the Protocol, amended in consultation with a dozen other Challengers at the time, was back in full force.

Until BMWOracle’s decides otherwise
That was until last night, when BMWOracle, now definitively guilty as charge of all the self-serving motives that they have been denying since the start of the litigation decided to appeal the latest judgment stating in their press release that “the club looked forward to obtaining a result that will end any further legal dispute (sic).”

Having never entered the competition at the 15 December 2007 deadline, their decision to appeal was probably also motivated by the fear of being out of the loop for the 33rd America’s Cup.

However, with both teams holding some ace cards (BMWOracle with their right of appeal and SNG/Alinghi with their latest court victory), cool heads and common sense should have prevailed. However, the pills of losing the court battle they initiated a year ago was probably too hard to swallow for BMWOracle top’s management. Their ego forbid them to pick up the phone and cut an obvious deal with Alinghi - an entry against their right of Appeal.
Scratching their heads a little more, BMWOracle could even have made an offer they could not refuse to the team less Spanish Yacht Club (CNEV) to become their competing team for the next competition. The latter, although highly unlikely of being successful, could have allowed the American Team to jump the queue and get back onto the scene as the Challenger of Record.

Whilst the sailing community at large applauded the judgment as the America’s Cup’s future was back on track, a further period of unwanted uncertainty is in store during the appeal period which I understand, takes a minimum of six months. Adding another 10 months for the compulsory notice period and the soonest the next event could be held is winter 2010. Further, the rules of the America’s Cup specifically forbid to conduct the event during the winter months in the Northern hemisphere. Consequently May 2010 is now the earliest date to have the 33rd America’s Cup.

Only time will tell how this saga will unfold however the America's Cup appeared to be headed away from a rare one-on-one showdown between American and Swiss teams and back to its traditional multi challenger format. That had to be the best news of the year as far as the America’s Cup community was concerned.

Instead of that and once again, BMWOracle’s desperate decision last night to appeal, has put the 33rd America’s Cup and a dozen other teams in jeopardy. And what a crying shame this is.