Thursday, April 09, 2009

Court Order: America's Cup match to take place on 8 February 2010

Related PDF DocumentDecision of the NY Supreme Court
It didn't take long for the NY Supreme Court to issue an order after the decision taken by the Court of Appeals, just a short five days.

The Court of appeals decided on April the 2nd that the CNEV was indeed an invalid yacht club to challenge for the America's Cup and on April the 7th, Justice Cahn's order was reinstated. The America's Cup match will take place in ten months time, unless that day is a Sunday. Since the 7 February 2010 is indeed a Sunday, the date for the 33rd America's Cup match is set to be 8 February 2010.

Justice Cahn in his initial decision had ordered "that the location of the match shall be in Valencia, Spain or any other location selected by SNG, provided SNG notify GGYC in writing not less than six months in advance of the date for the first challenge race of the location it has selected for the challenge match races".

As a result, Alinghi will have the liberty to hold the match in any location it sees fit, regardless of the hemisphere restriction in the Deed of Gift. The Swiss have repeatedly argued that a winter date would have obliged them to hold the match in the southern hemisphere, something they are not fond of since they are a European yacht club.

If the Challenger of Record and the Defender fail to reach an agreement on the format and dates of the match, the racing calendar will be as follows:

Monday, February 8th: 40 miles windward leeward (20 miles windward and return)
Wednesday, February 10th: 39 mile equilateral triangle (13 miles on each of the three legs).
Friday, February 12th (if necessary): 40 miles windward leeward (20 miles windward and return)

The obvious question now is to see where the match will take place. Ernesto Bertarelli has stated various times that his intention is to hold it in Valencia while on the other hand the city's and region's authorities will do whatever they can to convince Alinghi's owner. In any case, one thing is for sure, BMW Oracle's monster trimaran will come to Valencia this summer. Tom Ehman, GGYC's spokesman, had stated last December the 90ft trimaran would come to Valencia if his team won the legal case, something he confirmed again today when we contacted him.

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6 Comments:

At 9:55 AM, Anonymous Anonymous said...

12th Feb is the opening ceremony of the Vancouver Olympic Games ...

 
At 10:48 AM, Anonymous Anonymous said...

'As a result, Alinghi will have the liberty to hold the match in any location it sees fit, regardless of the hemisphere restriction in the Deed of Gift.' - I sorry but i do not believe that is true. The court does not have the right to overrule the deed of gift, otherwise we are back at sqaure one that the CoR needs a regatta. This ruling has flaws and in case BOR and Alinghi dont get their crap sorted out, will once more just end in court. Sad to see that a court that you would think would understand the Deed formulates such an order.

 
At 9:43 PM, Anonymous Anonymous said...

If Feb 12 is Vancouver, we can forget any TV coverage of a DoG match here in US. Our screens will be swamped with the Games.

 
At 11:42 PM, Anonymous Anonymous said...

"I sorry but i do not believe that is true. The court does not have the right to overrule the deed of gift"

The courts do have that right. They told Bertarelli he can have the regatta anywhere he wants to.

 
At 11:50 PM, Anonymous Anonymous said...

10:48 AM - What don't you understand about the NYSC & NY AG being the legal entities that govern the Deed?

They legally understand what they can do within the laws that the Deed is under. The Judges have done that so it's up to the teams to get on with it.

What don't you understand about the Hemi clause in the Deed. It's out of date as boats don't have to sail to the event on their own bottoms. Hence go sail anywhere but EB has a commitment to Valencia so guess where they are going.

Heaven help the club/team that goes legal before they race as there is a warning in the Judgement & Order. Similar with the letter from the 5 Past Trustees as everyione is had enough.

 
At 6:31 PM, Anonymous WetHog said...

I believe the order states that SNG can hold a DoG match in Valencia whenever they want in regards to the hemisphere clause, but if its not Valencia then they need to hold it in the appropriate hemisphere.

 

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