The latest version of the AC38 Protocol is attempting to move the America’s Cup forward, but is there really room for two full-time, knock-out, multi million sailing events in the sailing world?
In addition to the stage-managed signing of the Protocol, there is a Terms Sheet and an America’s Cup Partnership agreement (ACP) which contain details of proposed event continuity beyond AC38 . . . These were not released to the media, but have to be executed by 9 Sept 2025.
The considerable event continuity changes will require the Deed of Gift, controlled by the New York Yacht Club, to be amended.
NYYC Commodore Jay Cross said: “As the founding trustee of the America’s Cup, we are completely supportive of the move to modernise the oldest sporting trophy in the world.”
Unlike previous America’s Cup events all the existing teams must use the same AC75 hulls that were raced in the 37th America’s Cup if available. How much modification is allowed to deck and rig – and they will require changes as they go all electric without grinders or cyclors – seems unclear and a likely minefield of potential protests.

Interesting that Ben Ainslie revealed that his Athena Racing Team would be using the old AC37 INEOS Britannia hull under a new name, presumably a new sponsors name, although he did not expand on how it would be funded.
Ainslie did say that he had been able to maintain a core team from the previous challenge who had been working on technical issues, and he had been talking with possible investors and sponsors.
The teams – well Dalton and Ainslie – believe that the speed differences between the 2024 AC75 hulls was minimal! If that is the case that must put Britannia’s 7-2 wipe-out in the AC37 final down to the crew and in particular . . . to the helms and their tactical decisions. Ainslie has until 15 January 2026 to sort-out who will helm his AC75.
In the AC37 Final, ETNZ won 7 races by an average of 44 secs and led at all course gates in those seven races. While Ineos Britannia won 2 races by an average of 42.5 secs (1 min 13 secs and 7 secs).
To prevent a step-up in design performance, any new team has to purchase an existing 2024 hull or build a new hull to a 2024 design. They also have to comply with the “constructed in country” meaning the hull has to be built in the country of the club of the challenging country . . . The America’s Cup teams are thus frozen at an individual 2024 one-design point, possibly until after AC39 (in 2029).

The rise and rise of SailGP with its regular international circuit and full-time national teams, attempting and to an increasing degree succeeding in making sailing a prime-time sport, is something the America’s Cup cannot ignore.
How does the America’s Cup maintain the exclusivity of the Auld Mug and its glamorous history? The new Protocol has been forced to go down a quasi SailGP route with three Preliminary Regattas in one-design AC40s, and one in AC75 race boats. And a future regular Cup event schedule using 2024 hulls.
Something Grant Dalton admitted he had been totally against when proposed by Oracle Team USA ten years ago. Dalton clarified . . . “This partnership is not about creating a one design environment. This is to cap expenditure, but not to stop technology. That’s a hallmark of the Cup, and so it should be – as it is in Formula One.” The phrase ‘unintended consequences’ springs to mind.
There is also a tweaked America’s Cup race format to keep all teams racing for longer, and maximizing race time with the Louis Vuitton Cup group stage comprising of match racing as well as spectator-friendly fleet racing to include all competitors.
The LV results will determine the top four Challengers that will race in a knockout match race Semi-Final (first to 5 wins) and Final (first to 7 wins) series to determine who the Challenger will be to race the Defender Team New Zealand in the Louis Vuitton 38th America’s Cup Match in July 2027 in Naples.
The talk now is all of continuity, with cost cutting moves and expanded events proposed for 2027 and 2029 . . . with the possibility of the same designs being used*. Whether the backers and venues can be found to support that rolling format remains to be seen. Perhaps that ship has already sailed.
*Note – You have to go back to 1977 for the same yacht, Courageous, winning the AC (1974 & 77)