CNEV has allegedly prepared appeal in NY Supreme Court; awaits final decision
We have been fooled once by rumors despite having carried out what we thought to be the necessary due diligence. As a result, we are more than careful when dealing with unconfirmed news. Still, given its importance, we take the risk to publish it.
It appears, according to various sources we deem reliable in Spain and abroad, that Manuel Chirivella (president of CNEV) and José María Martín Puertas (vice president of CNEV) were in New York last week in order to prepare the appeal to Justice Cahn's decision, regarding its validity to challenge Alinghi.
As anyone, even remotely related to the world's oldest sports event, knows by now, on the 27th of November Justice Cahn ruled that the CNEV was ineligible to be a Challenger of Record in the America's Cup.
It is expected that Justice Cahn will issue this week his final order on the case, most probably setting the dates of the match between BMW Oracle and Alinghi. If he resets the 10-month period then one should expect to see a catamaran race sometime in the first half of October 2008.
That is of course, if the two parties do not reach a different deal before that date or the appeal is finally not filed. According to the reports we received, all the legal paperwork for the appeal has been completed and CNEV's lawyers are on standby. It also appears there is very strong political pressure in Spain, to the highest level, not to proceed with the appeal, since there is nothing to gain from that, especially for the city of Valencia and the country as a whole.
We are obviously no experts in legal matters, let alone in the NY State judicial system, but we don't know what grounds the alleged appeal is based on. Let alone what chances it has to succeed...
From our part, we wish these rumors are not true and if they were that the appeal wouldn't be filed!! It would be suicidal and would damage Valencia, the America's Cup and the sport of sailing!!
Labels: 33rd America's Cup