Thursday, December 27, 2007

SNG files a motion to renew and reargue in front of the New York court

[Source: America's Cup Management] Today, December 27, 2007, Simpson Thacher & Bartlett LLP, New York attorneys for Société Nautique de Genève (SNG) filed a motion to renew and reargue in front of the court in the case opposing GGYC and SNG on the 33rd America’s Cup.

The document as well as the affidavit of Fred Meyer, Vice-Commodore of the Société Nautique de Genève (SNG), are to be found in PDF versions here above.

Lucien Masmejan, lead counsel for the SNG, responds to few questions allowing a better understanding of why this has been done.

Why are you filing this motion to the judge?

In substance, we have seen the CNEV rejected as Challenger of Record because of the date of the holding of their annual regatta. The judge appointed then GGYC as Challenger of Record without further instruction, but no one – including the judge - brought its attention on the fact that GGYC challenge was not receivable due to a major flaw in their boat certificate, a key document as per the Deed of Gift.

Furthermore it is our conviction –and also the opinion of the highest Court in the state of New York- that New York courts should not interfere with the complex rules associated with organizing and administering the America's Cup. It would be best leaving this to the sailing community.

What is the purpose of the boat certificate and what actually is wrong with GGYC certificate?

The purpose of the boat certificate is to give the Defender a precise idea of what the challenging boat will be in order to prepare its Defence. The history of the Cup has shown how important was the adequacy of the certificate with regard to the validity of the challenge..

Now, the document submitted by GGYC describes a keel yacht, which is by definition a mono-hull, with a size of 90 feet X 90 feet. We want to make sure this is the boat they would show up with and not a multi-hull, or their challenge would deem to be invalid.

What would then happen?

Assuming CNEV would no longer be the Challenger of record and GGYC Certification proven defective, other challengers would then have priority over GGYC as Challenger of Record. The list of competitors has now no less than 12 challengers who entered before the deadline of December 15. All these competitors are looking for a multi challengers competition along the lines of the Protocol and the Rules and Regulations presented in November and that they committed to.

What is your ultimate objective and why such a procedural process?

Our objective is quite simple and we recurrently expressed it. Have a 33AC with a multi challengers’ selection series in AC90 Yachts. As the date cannot be 2009 anymore, we would be looking towards 2011.

To answer the second part of your question, I would reiterate that we are not the ones who chose the legal path. Now, we simply continue the process, so the GGYC has to comply with the same level of details they required from CNEV.

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At 3:09 AM, Anonymous Anonymous said...

"Furthermore it is our conviction –and also the opinion of the highest Court in the state of New York- that New York courts should not interfere with the complex rules associated with organizing and administering the America's Cup"

wow buddy- are you suggesting that you are higher than the highest Court? that SNG can "interfere with the complex rules"... please. EB, do everyone, and I mean everyone including you, a favor and drop it- you are destroying everything the last cup made great.

At 2:35 PM, Anonymous Anonymous said...

well i think EB has not destryed but constructed and is forced to respond to someone who seeks power. someone very hurt and determined... so- here now russell- keep calm! but is 2011 so sure? I would leave it to 09 and take BOR by the word.

At 3:59 PM, Blogger folkenbolt said...

I think that all this clamour is just due to a money matter and show-business. Bertarelli is desperately trying to posticipate the moment of the race against BMW Oracle , to skip 2008, olimpic year. In fact, during next year, most of the economic resources of main sponsors and world's television networks would be dedicated to the Olimpic Games and they would not have much money to spend for the direct coverage of the Cup. The sail event would be better sold after this year, in 2009 or 2011 , avoiding 2010 year of the next Soccer World Cup!
Furthermore that's to say that if the NY Court would declare GGYC not admittable as COR, the next in the list of the challengers is the Southafrican team : Shosholoza. A much more malleable interlocutor with respect to the very rich and powerful Americans and besides guest of the soccer cup in 2010!!
In short .... once more Bertarelli is treating the world's most ancient and glorious sail trophy just as stuff to sell to the fish market!!

At 4:28 PM, Anonymous Anonymous said...

These guys need to read their own mission statement - "To win on the water while gaining the respect of the competition" If anyone had any respect for this team then it's all been lost now. Their arrogance that they are above the New York Court shows a godlike contempt for the rule of law. Quite sad.


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