Thursday, July 30, 2009

Justice Kornreich: Alinghi can modify rules at will; hearing for Aug 10

Related PDF files- Justice Kornreich Order, dated 29 July 2009

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!!

Labels: , ,


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

In other words, every word that came out of Tom Emahn's voice was incorrect to say the least. And the next question is, will he still complain if Alinghi chooses a venue in the northen hemisphere?

At 12:01 AM, Anonymous Anonymous said...

In other words, and Brad's comments a few hours ago were particularly appropriate, M. Hemahn is probably a poor loneseome lawyer by tonight ! If someone is looking for somebody to help to loose millions, ...

At 12:28 AM, Anonymous Norberto said...

And this is a big surprise? Only the BOR spinners were dreaming about something else, even dreaming about AG getting involved. Well, looks like LE will have to sail after all, his credit with the judge is oprett7y much used up now! What a bunch of poor loosers, BOR!

At 3:43 AM, Anonymous Anonymous said...

One thing that Im sure all supporters from both sides will agree is that BMW Oracle will drag Alinghi back to court more than once before there is a match! Ehman is no doubt having his ego licked, but he will be back on his soap box.

At 6:49 PM, Anonymous Anonymous said...

You guys all seem very pro Alinghi.... Where is the neutral point of view? Mr Bertarelli hasn´t made a single mistake in this farce, is that it?

Engine driven sail trim? Please... I´m sure that´s NOT what Mr George S Schuyler had in mind when he wrote his last amendment to The Deed.

Todays interpretation is "whats not prohibited - is in fact allowed". Correct if you go by the book no matter how crazy it may be.

The only outcome of this will be a totally uninteresting match and a bunch of sponsors who will seek other events and projects with a far more professional approach.

This might kill Americas Cup (for a while at least). I´m very well aware of it´s survival in crises in the past, but this is different times. We have a lot of competing events around that might be far more interesting for the sponsors.

This said: I´m not totally pro GGYC or SNG, but I would like to see Americas Cup survive this mess and transform into something that is far more professional in it´s construction. The "Big Boat v.s. the Cat farce in 1987-88 evolved into the AC.Class yacht witch became a huge success for the event. Hopefully something like that can come out of it.

If you create a neutral platform/organisation with, let´s say Mr Bruno Troublé as CEO (the only possible choice today), the Defender and the Challenger CEO´s as part of the board, then the rest of the former trustées still around as board members, then we might have a foundation for a "neutral as possible" management platform for the Americas Cup.

Americas Cup will survive this, I´m sure. The question is how and when it will recover.

At 7:29 PM, Blogger Wayne said...

Up to this point, I had always thought the AC would survive the latest challenges to it.

But this fundamentally changes the AC into something it was never intended to be. If the originators of the cup had wanted to include powered systems they would have included steam systems in their designs. It is clear they meant the AC to be a totally wind and human muscle powered event.

I have no qualms with the latest technological marvels and hope they continue to improve sailing for all of us, but not in the AC. Start a new series that allows unlimited designs, that would be great.

But the AC is based on long tradition and changing that tradition to include powered systems brings an end to over 130 years of that tradition and so fundamentally changes the event that it is no longer the AC.

And that is truly a shame. EB, rather than improving the AC, has destroyed it utterly and completely. We have a new and different series now and it should have a new name, not the AC.

The egos and vitriol on all sides have been so unsportsmanlike, including the majority of commenters, that the AC doesn't have a chance to survive this ... this is progress?

It is a tragedy!

At 11:53 PM, Anonymous Anonymous said...

Of course this is not what the Deed would have wanted, nothing like engine powered sail trim had been invented! I bet sailing those huge boats they would have loved a little hand in trimming!

The problem is the Deed is so outdated to what the Cup and the world is now. I bet if Oracle had come up with this idea first the argument would be completely different. Chances are they will put this on their new boat anyway becuase they feel like they are a long way behind, are you going to jump on them too? I bet not, you will have an excuse, oh its no fair, do Oracle fans get sick of saying that? Of course its not fair, you haven't won the Cup, you don't get to choose.

The Cup is not dead, its changing, whether we like it or not. If Oracle can shut up and let this sham Cup get underway (the Cup THEY engineered with their whinging), then Alinghi can beat them and then the whole thing can go back to the way it was.

If Oracle hadn't put up all this crap, the Cup would have already been held in Valencia by now. If it had been as much of an issue has everyone claimed with rules, defender racing with challengers, etc etc, we could have seen that in action and changes could have been made, and the Cup could have gone on and got better for it. But no, we had to get stuck in years of legal rubbish. Thanks Oracle.

Owners of the boat and team skippered in the Cup once upon a time. Will Larry skipper his boat, to stay true to the Deed and the purists, I am sure EB would be comfortable with that.

At 4:17 AM, Anonymous Anonymous said...

11:53 PM - search America's Cup & do some reading about steam & you will find it wasn't allowed not only in the AC but other races too.


Post a Comment

<< Home