Cup Deed ain't broken

New Zealand's skipper of the Alinghi America's Cup organisation Brad Butterworth has proposed an arbitration clause be added to the Deed of Gift of the America's Cup to avoid future court hassles.

He has written an open letter on the state of the Cup in the wake of recent controversies which have taken the Cup back to the New York Supreme Court.

Published on the Alinghi website, the letter noted that the number of calls for a rewrite of the Cup's deed of gift have usually been made by those with no record of success in the Cup who claim the Cup is dead.

Butterworth compared the situation to that during the 140 years that the New York Yacht Club and the San Diego Yacht Club held the trophy.

"There were no calls then to strip the winner of its trusteeship, to strip the winner of organising the next regatta or for an independent entity to manage the America's Cup," he said.

"Now the Cup is again in foreign hands and after nine failed American challenges to get the Cup back – all failing even to make it to the match – it is time [according to some Americans and their fellow travellers] while their tenth challenge is in progress to rewrite the Deed of Gift; to strip the winner of its fruits of victory, making it easier for a challenger to win."

Butterworth asked if the Deed was so deficient why was the need for reform never raised when Americans held the Cup?

The answer was that the Deed was never defective, he said.

"The answer of course is that it is not defective.

"The answer is that a few are still having difficulty adjusting to losing the Cup and failing to get it back again. They are now seeking to make it easier," Butterworth said.

He claimed it was important to look at the history of the event and the 150 years it represented, not the effects of one of two rogue challenges in the Cup's history.

Butterworth suggested an arbitration clause might best be added to the Deed allowing for speedy resolution within the sport so that competition remained on the water.

"For sure the Deed is not perfect, but it is hardly broken down and in need of major surgery or the wholesale butchery that some now propose," he said.

Butterworth said the 'mutual consent clause' of the Deed was its key because it allowed the competition to respond to changing times and circumstances.

"What may look like a good idea now may not be in 10, 50 or 100 years time.

"The last thing any generation should do is lock in and impose its will on future generations," he said.

Butterworth said the uniqueness of the America's Cup was that success was based on beating the Defender who enjoyed all the advantages and that was an integral part of the 'foundation, history and fabric of the Cup'.

"Great sportsmen seek victory on the field of play, or in our sport; on the high seas. A sportsman seeking to win through the courts or through what Dennis [Conner] called the 'backdoor' only demeans themselves as sportsmen and taints any victory, as well as the sport.

"Having challenged for, and defended, the America's Cup successfully, I have always found it has been won by designing and building the fastest boat and sailing with the best team.

"It is hard to win, as it should be for such a trophy. Reducing the challenge might make the conquest easier, but gone is the attraction and the achievement," he said.