Justice Kornreich: Alinghi can modify rules at will; hearing for Aug 10
Justice Kornreich's latest order (see file in top box) couldn't be any clearer. The Deed of Gift gives Alinghi, the Defender of the 33rd America's Cup, the "very advantage" to modify the rules at will, "unfortunately for GGYC". As a result, the confidential agreement between Alinghi and the ISAF is deemed to be entirely legal and, consequently, there is nothing inherently illegal with Alinghi 5 since its design doesn't violate the Deed of Gift.
According to Justice Kornereich, the only "blatant example of a design feature that would violate the Deed is an engine to propel that yacht". In the case of Alinghi 5 the engine doesn't, obviously, propel her and is permitted since not "prohibited by the language of the Deed". This is, without any doubt, a major point in favor of Alinghi.
The engine is perfectly legal according to Justice Kornreich's decision. Le Bouveret, 30 July 2009. Photo copyright Pierre Orphanidis / Valencia Sailing
As for the appointment of a jury for the race, Justice Kornreich finds, again, that there is nothing in the confidential agreement between Alinghi and ISAF that is inconsistent with the Deed of Gift. Alinghi, however must give BMW Oracle a copy of the said agreement.
Finally, regarding the issue of BMW Oracle's boat, Justice Kornereich will hold a hearing on August 10th, where BMW Oracle will have to show "when it's practicable" to provide a Customs House Registry, as asked by Alinghi. Each party will have an incredible 6 hours to present their case!!