The Deed of Gift is the original document that created the America's Cup. In the years after America won the 100 Guinea Cup in 1851, the ownership syndicate donated the trophy to the New York Yacht Club under a Deed of Gift, which stated that the Cup was to be "a perpetual challenge cup for friendly competition between nations."
Thus was born the America's Cup, named after the winning yacht America. The Deed of Gift, with a few subsequent amendments, is the basic document governing the event to this day.
Perhaps the most important concept in the Deed of Gift is contained in the eighth paragraph, where the concept of ‘Mutual Consent’ is introduced.
It is through Mutual Consent that the Challenger of Record system has come to the fore as a means of organising the America’s Cup. In the modern era, with just one exception, the Defender has found a Challenger of Record to agree upon the Rules, usually creating a Protocol that outlines, among many other things, the schedule of events, the class of boat to be raced, the location of the regatta, and the eligibility requirements for Challengers.
When Mutual Consent cannot be obtained, the Deed of Gift describes an outline of conditions for racing for the Cup. In 1988, on the one occasion when Mutual Consent could not be arrived at, these conditions were the basis for the event, ensuring the survival of the America’s Cup.
For the 32nd America’s Cup, using the principle of Mutual Consent, the Protocol was drafted by Team Alinghi, on behalf of the Defending club, the Société Nautique de Genève, in collaboration with the Golden Gate Yacht Club’s BMW ORACLE Racing Team, the Challenger of Record.
|
|
|
