Monday, December 10, 2007

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!!



At 7:18 PM, Anonymous Brian said...

I ignore what your sources are, Pierre, but if, by any chance, you have access to anyone in contact with the CNEV you should hang to them a copy of the full Mercury Bay case (both the court decision and the appeal decision).

They could see though there is no chance of winning this case for them as Justice Cahn strictly followed what the New York State Court doctrine established at that time: that is, "read the Deed and keep the interpretation between the four corners of it".

If that appeal goes forward, it will take another decade for the AC to recover.

At 9:12 PM, Anonymous Anonymous said...

I just wished that the Spanish general elections were a little sooner and the people in the CNEV could be in jail by now.

At 8:00 AM, Anonymous Anonymous said...

How unfortunate, if CNEV decides to file an appeal against Justice Cahn's decision. They know they can not win an appeal, but perhaps the appeal would be made just to appease and play for time to suit Alinghi. CNEV knowing fully well where they stand legally, should not undermine the presitge of their country any more. CNEV and Alinghi have been outsmarted by Larry and his team on all fronts and they should be dignified enough to accept that and move on. I wonder if people of spain would like it.


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