NY Yacht Club files Amicus curiae brief
[Source: New York Yacht Club] The NYYC has been working for more than a year through its America’s Cup Committee, chaired by George Carmany, to help settle a dispute involving participants in the 33rd America’s Cup, specifically the Golden Gate Yacht Club, the Société Nautique de Genève and the Club Nautico Espanol de Vela. Despite our best efforts, we have been unsuccessful in this regard. Feeling an ongoing responsibility to the donor (NYYC-member George Schuyler) as well as the traditions and history of the America’s Cup – and the traditions and history of this club -- we believe it is time in the legal process to make our voice heard.
The America’s Cup Committee has voted to present an amicus-curiae (friend of the court) brief to the Court of Appeals State of New York that is considering the matter. As Commodore I agree with this course of action and have discussed it with all former Commodores, the Executive Committee and the Board of Trustees who likewise have approved this approach. Thus a brief, written by Vincent Monte-Sano, the general counsel of the NYYC and member of its America’s Cup Committee, will be filed before the end of this year.
The NYYC has no personal interest or stake in the outcome of the litigation. Our interest stems solely from the long involvement with the America’s Cup and a desire to have the competition remain faithful to the Deed of Gift, as drafted by George Schulyer, and for the Cup Match and the Challenger-Selection Series to be a fair and even-handed competition.
The Club Nautico Espanol de Vela (CNEV) was in essence the Real Federación Española de Vela (RFEV), the Spanish national yachting federation, in the 2007 America’s Cup in Valencia, Spain. The NYYC believes that CNEV does not satisfy either of the criteria set forth in the Deed of Gift for yacht clubs that may challenge for the America’s Cup; namely that: CNEV is not an “organized Yacht Club” and CNEV does not satisfy the requirement in the Deed of Gift of a challenging yacht club’s “having for its annual regatta an ocean water course on the sea, or an arm of the sea ...”
Further, CNEV seeks to be the “challenger of record,” a special role that requires that the yacht club in question negotiates not just for itself, but rather on behalf of all of the challenging yacht clubs. The NYYC asserts that the “challenger of record” must satisfy the letter and the intent of the criteria set forth in the America’s Cup Deed of Gift and should be totally independent in its representation of the interests of all other challenging yacht clubs in negotiating a Protocol that will govern both the America’s Cup Match and the Challenger-Elimination Series. It is the NYYC’s opinion that CNEV does not fulfill these conditions.
While it would have been very easy for the NYYC to avoid getting involved in this legal controversy, we feel an obligation to the history and traditions of the America’s Cup. Thus we are speaking out at this time.
Labels: America's Cup