The acrimonious split between two knights, Sir Ben Ainslie and Sir Jim Ratcliffe, has cast uncertainty over the next edition of the America’s Cup, with crucial negotiations unable to move forward while the disputing parties engage in legal proceedings.
The Guardian understands that a commercial dispute over who owns what within the Ineos Britannia partnership, which was dissolved by Ratcliffe this week, has meant progress over the “protocol” for the 38th America’s Cup will have to be put on hold.
The protocol establishes the terms of competition in the America’s Cup, from the location of courses to the rules of the race. It is an agreement established between the Defender of the Cup and the official Challenger of Record. Involvement in the protocol gives the Challenger access to information that can be beneficial in their planning, although they are also expected to win a series of Challenger events before their place in the race is confirmed.
Officially the Challenger is a yacht club, in this case the Royal Yacht Squadron (RYS), based in Cowes on the Isle of Wight. In October 2024 it was confirmed that a challenge request from the RYS to the Royal New Zealand Yacht Squadron (RNZYS) had been accepted. RYS in turn acknowledged Ineos Britannia as the team that would act as the Challenger.
In a statement at the time, the chair of the RYS, Bertie Bicket, said the club had been “delighted” to be accepted and was “fully committed to working with the Defender to agree a Protocol aimed to encourage more participant Challenger countries”. But it appears that the Protocol is now at impasse with uncertainty not only over which boat will challenge New Zealand, but whether the RYS will be able to retain its position as Challenger of Record if matters are not resolved.
The Ineos Britannia partnership saw Ainslie and Ratcliffe last year take Great Britain to the America’s Cup for the first time since 1964. Britannia was beaten handily by Emirates Team New Zealand, and reports have suggested Ratcliffe was reluctant to meet the cost of going again, estimated at around £100m. In a statement announcing the end of the relationship, however, Ratcliffe said he had “100 scientists and engineers” working on delivering a boat fit to challenge in 2027.
Apparently laying out his credentials to assume the role of Challenger of Record, the 72-year-old also pointed to the access he has to the technology within the Mercedes F1 team in which Ineos holds a stake.
Ainslie, for his part, is not only the most successful sailor in British Olympic history but has a history with the America’s Cup that goes back to 2005, when he worked as a tactician for Team New Zealand.
In 2012 he formed Ben Ainslie Racing with the aim of competing in the race himself and it was only in 2018 that the team partnered with Ineos, and two attempts to win the Cup followed.
In his own statement Ainslie said he was “astounded” by Ineos’s decision, adding “this plan raises significant legal and practical obstacles for them that will play out in the coming days and weeks.” Ainslie said he and his team will subsequently race under the banner of Athena Racing.
When approached by the Guardian neither Ineos Britannia nor Athena Racing were willing to comment.
