Wednesday, September 23, 2009

Custom House Registry: Court Rules in Favor of GGYC

[Source: BMW Oracle] SNG’s motion to disqualify GGYC is denied. Challenger is free to modify its yacht

The Golden Gate Yacht Club’s (GGYC)position with regard to supplying the Custom House Registry (CHR) document has been vindicated by Justice Shirley Kornreich in the New York Supreme Court.

Justice Kornreich says, in her decision of September 18, 2009 and issued today, that the CHR (or “COD” as it is now known) for GGYC’s yacht challenging for the 33rd America’s Cup need only be provided at least two weeks ahead of next February’s match.

Her decision also states that the Deed of Gift does not compel the challenger to obtain the COD within a specific period of time, and that a challenger may continue to make modifications even after a CHR has been issued.

“Issuance of the COD does not freeze the vessel in time,” Justice Kornreich wrote. GGYC spokesman Tom Ehman said, “The Swiss defender, Société Nautique de Genève, has failed to understand the simple reality that a vessel is not complete upon its launch but when sea trials have been completed and it is ready for hand-over to its owner.”

This, Justice Kornreich said in her decision, was explained clearly in evidence to the court submitted by Thomas L Willis, Director of the USCG’s National Vessel Documentation Center. She wrote, “The vessel of an America’s Cup challenger is by nature a yacht undergoing intense technological development.”

GGYC’s racing team, BMW ORACLE Racing, currently has its yacht (known as the BOR90) out of the water and undergoing further modifications in San Diego as part of its continuing development process.

“Under these circumstances the Court agrees that the vessel is not completed for the purposes of COD,” Justice Kornreich said.

“Super light construction and huge sail area mean that the BOR90 is one of, if not, the most extreme and powerful yachts to sail in 158-year history the America’s Cup. We are looking forward to February’s match with huge anticipation,” Ehman added.

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At 9:47 AM, Anonymous Anonymous said...

super light construction & heavy spining makes Bor aka USA the most lauded boat in 158 years of history !

At 1:27 PM, Anonymous Anonymous said...

Imagine being the most dramatic boat in AC history and still losing? That would hurt, but they are super confident, I mean if they believe their own press releases they must think they have already won!!

Nearly feel sorry for them. Nearly.

At 3:42 PM, Blogger Norby said...

nice try pretending this ruling didn't hurt all you alinghi supporters.

At 7:47 PM, Anonymous Anonymous said...

Dear EB, thanks for so many years in court over the CHR(COD) and for putting the AC on hold. Just look at the international press you are getting and dragging the AC and sport down the tubes. Now Barry Ostrager is saying you are going to an "international governing body" What's next, draggin ISAF down further or someone else!!!
Isn't it time you looked at AC history and thought about settling things on the water rather than in court?

At 10:01 PM, Anonymous Anonymous said...

We have been in court for years over CNEV, over rules, over location etc, not just the CHR. That was only a small part.

I doubt Alinghi are too bothered by this, the confidence they have in their boat is as much as BMW have in theirs.

Each team is getting tired of the court, they are both at fault, and the race is near. Alinghi are ready, are BMW, or will they file in court again? Alinghi cannot DSQ BMW for not having the CHR in place, but they can in theory still do it when their boat does not meet the DOG boat size specifications, since their boat is 10ft to long at present.

And most importantly, will anyone care?

At 10:58 PM, Blogger folkenbolt said...

All these SNG's attempts to disqualify GGYC is undoubtedly a sign of how much scared they are to face the "yankees" on the water.
Too much time spent with lawyers, for Ernesto!
Better hurry up training with sails ........... time remaining may not be enough for boat "tuning"!
Run Ernesto ...... run!
This 33 Ac is risking to be a re-edition of Dennis Conner's challenge against New Zealand, in 1988!

At 11:04 AM, Anonymous Hermann_Hesse said...

Your comments are as Annoying as the AC situation ... just go sailing guys, instead of talking about things you don't know ... Stop guessing boat speed, legal stuff, or color underpants of EB !

And foremost : do we know if it's good or bad ? Annoying would be more appropriate. In 2030, when our grandchildren will ask us about these huge racing multihull, what will we remember ? Probably only good impression ... as you know.

The only thing we know right now is ... that we know nothing

Have a good day ! and don't forget to smile today

At 2:45 AM, Anonymous Anonymous said...

Please publish the full (!) text of her ruling...

At 10:25 PM, Anonymous Anonymous said...

in fact, this law guerilla is very interesting. I think it is in the "spirit of AC" which start before the line and time. the movment before the regatta are part of it. for example, the last request of alinghi for bor90 to meet the 90x90 dimension gives back an advantage to swizerland. It gives back advantage to challenger (DoG) an, while BOR is "still under construction" they can clearly provide the right waterline.


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