Friday, December 05, 2008

Alessandra Pandarese replies to AC Management

Related PDF filesAlessandra Pandarese's reply to AC Management

Mascalzone Latino's General Counsel Alessandra Pandarese replies to AC Management's email in which the America's Cup organizers asked for additional documents regarding the establishment of the Reale Yacht Club Canottieri Savoia. Here below the letter sent today:

ACM – America’s Cup Management
For the attention of Ana Gilrobles

cc Brad Butterworth
cc Lucien Masmejan

RYCCS – Mascalzone Latino – AC 33 registration

Reale Yacht Club Canottieri Savoia and Mascalzone Latino asked me to reply to your recent e-mails in which you have requested further documents concerning the establishment of the Yacht Club (Certification of Incorporation, Trade Association registry act, affiliation to Federazione Italiana Vela) in order to “validate” their challenge Entry.

This request , which is made more then a year later from the registration to the America’s Cup 33rd , is illegitimate and arbitrary.

RYCCS and the team have fulfilled the requirements to entry into 33rd America’s Cup since November 20th ,2007. This included the “notarized and certified” copy of Yacht Club incorporation, the by laws , and documents concerning its regattas, as required by the Notice of Entry. In addition, we remind you that this challenge is among the few that has paid the entry fee accompanying the Notice of Entry (It has been in fact public that some of the other teams entered in 2007 were relieved from paying such fee).

Further it is public knowledge that Reale Yacht Club Canottieri Savoia is amongst the most well known and active yacht clubs nationally and internationally, organizer of prestigious regattas and with two America’s Cup participations, as you are well aware. This Yacht Club has its origin back into 1893 with more then a century’s history.

RYCCS is a duly registered 33rd America’s Cup challenge, as also recognised by a number of correspondence from ACM and Alinghi team. Now the team is also, finally, listed in the America’s Cup web site. RYCCS/Mascalzone Latino is among the 33rd America’s Cup accepted challengers, only subject, as well as the others, to the outcome of the New York State Court of Appeals’ decision.

There is no basis for a "validation" procedure , which is not even set forth within the current rules. It is therefore groundless and discriminatory to enquire for further documentation of a Yacht Club which is well established and operative.

In addition this enquiry is unduly delaying the procedure for obtaining the fiscal benefits by the Spanish authority, in accordance with the Royal Decree n°1893/2008, which procedure could only be completed by receiving a letter from you certifying the challenge registration.

We trust that the position of RYCCS is clarified and please forward us the due letter of registration which the Spanish Authorities are requiring.

Best regards

Alessandra Pandarese
General Counsel

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At 7:33 PM, Anonymous Anonymous said...

Wonder if all the teams got this letter. If not, definitely a move to exclude the competition by using unfair rules. Time to wake up Alinghi supporters, don't you feel ashamed yet???

At 8:37 PM, Anonymous Anonymous said...

Pandarese, short minded as usual, forgets that ML is in court against Alinghi, which prevents the YC to enter. Why would ML want to enter the AC under SNG rules while they non stop spit on Alinghi's vision?
The answer is only not to pay taxes in Spain. It honours you Alessandra!

At 9:36 PM, Anonymous Anonymous said...

Where is the problem? They are listed as registered challengers! Just trying to stir up a bit of shite, normally that's being done by BOR. And if the rules are soooooo unfair then why do all the challengers agree to them? Guess they must have been forced by evil Alinghi, and BOR (the AC-Sheriff) must come to the rescue now ..... What a pathetic crock of BS. BOR needs to get on with it and become part of the community if they want to do something that they have never been able to do: actually be successful on the water.

At 10:54 PM, Anonymous WetHog said...

Well as Uncle Larry just said in a recent NY Times article, Russel Coutts has been more successful in the AC then most people involved with Alinghi. So whats the problem?

And what does this have to do with Alinghi trying to put the stones to Mascalzone? It would be interesting to know if all the signed up Challengers recieved the same email, or just Mascalzone.

At 11:46 PM, Anonymous Anonymous said...

Obviously you didn't read AP's response. You should as it's quite clear ACM wants to exclude ML. Also, to tighten the screws, ACM is "unduly delaying the procedure for obtaining the fiscal benefits by the Spanish authority, in accordance with the Royal Decree n°1893/2008, which procedure could only be completed by receiving a letter from you certifying the challenge registration."

Pretty straight forward reading for most.

At 2:23 AM, Anonymous Anonymous said...

Hmmm. Last time I checked, Alinghi made everyone sign a non-disclosure agreement so that their abuses of power would go unreported, they can change the rules at any time, and appoint the majority of the arbitration panel members. That's quite the democratic "Community" they have there. Sounds more like a hostage situation to me. I don't blame the poorer syndicates for not speaking up. They can't afford to have Bertarelli go after them for disturbing his little sandbox.

At 6:53 PM, Anonymous Anonymous said...

Yes, that's right: and Alinghi has solders posted by the doors with orders to execute any team that wishes to leave the meeting voluntarily! But its all secret, kinda like an Iraq search for WMDs.

Honestly, where do you come up with this nonsense? Been watching to many American movies lately?


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