Thursday, September 03, 2009

Fred Meyer, Vice-Commodore of the SNG, comments on GGYC latest litigation

[Source: Alinghi] "It's a shame that BMW Oracle and Golden Gate Yacht Club (GGYC) persist with their campaign to win the America's Cup through litigation rather than on the water. This is the sixth time that they've taken the Defender to court. It is possible that Larry Ellison continues to revert to the courts to draw attention away from the fact that their boat does not meet the dimensions as per their Certificate of Challenge.

“Golden Gate Yacht Club's speculations over the conduct of the Match before the Notice of Race and Sailing Instructions have even been written and published are simply premature and self-serving. They are designed to denigrate the reputation and achievements of the Swiss Defender, Société Nautique de Genève (SNG), as well as the America's Cup itself. BMW Oracle is once again dragging the America's Cup through the courts on baseless grounds.

“The rules of the America's Cup Match are as the donors of the Deed of Gift wrote over 130 years ago, when other American yacht clubs were the Defender. They are not as the Golden Gate Yacht Club or BMW Oracle would now, as a Challenger, like them to be, to suit their purposes.

The simple facts are:

1. In absence of mutual agreement between the Defender and the Challenger, the America's Cup is ruled by the default terms of the Deed of Gift.

2. In accordance with the Deed of Gift, and as with all past America's Cups, the defending yacht club is the organiser of the Match.

3. The Deed of Gift states that the challenging vessel should not exceed certain measurements. GGYC presented their Certificate of Challenge specifying a 90x90ft yacht. Today they must honour their own volunteered and freely submitted decision and their competing yacht must match those dimensions, as required by the Deed of Gift and ordered by Justice Kornreich. SNG does not wish to see GGYC disqualified; they have enough time to modify their boat so that it measures.

4. The rules of the Match will be the Deed of Gift, and the ISAF Racing Rules of Sailing written and promulgated by the International Sailing Federation and used by yacht clubs all over the world, including GGYC and SNG.

5. The rules of the Match will be set out in a Notice of Race to be published on 6 November 2009 and in the Sailing Instructions to be published on 8 January 2010. These dates are considerably earlier than when an American Defender – whose Chief Operating Officer was Tom Ehman – provided the same documents to the then Challenger in 1988 when the Cup was last competed for under the strict terms of the Deed of Gift.

6. SNG has voluntarily provided GGYC with advance details of the rules and procedures affecting the construction and measurement of the competing yachts and continues to answer questions from and provide information to GGYC about these matters to allow them to prepare their yacht "USA".

7. All Umpires and members of the International Jury will be solely selected by the International Sailing Federation (ISAF). Like all regattas and sporting competitions they, like the competitors, will be bound by the rules of the competition.

8. The Supreme Court of the State of New York has reviewed the agreement between SNG and ISAF, which follows past agreements approved by GGYC and found that: "[the agreement] is not inconsistent with anything in the Deed or the applicable rules. There is also nothing untoward about the agreement itself."

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At 7:53 PM, Anonymous Anonymous said...

Dear Fred, You are a confused man as you state the Deed says "must no exceed" yet you later say match.

No wonder this AC is in the court all the time as SNG doesn't know what they are doing. Really surprising as the AC is 158 years old. Maybe if SNG looked at history instead of trying to chane it we could go sailing vs being in the courts.

At 8:28 PM, Anonymous Anonymous said...

you are perfectly right, there is only one way to clear all this shit, it is to follow Tom's aka Jimmy aka double standard rules ! there is only one problem : they are only fair when the americans are the defender !!!

and by the way provide the CHR to see if it's matching with the Noc it's so easy !!!

At 11:17 PM, Anonymous Anonymous said...

From Eric Sharp of

"While the Americans have gone to court six times, they have won the majority of those legal challenges, including one in which a judge tossed out a paper Spanish yacht club that the Swiss had created for a multi-boat challenge in 2009.

That judge also recognized the validity of the BMW-Oracle challenge and forced the Swiss into the one-on-one race."

"I’m among the reporters named in the BMW-Oracle filing, along with other writers with whom I have covered this event around the world for nearly 30 years. My experience with secret agreement is that they are virtually always written to benefit the people who wrote them, and if Alinghi’s secret rules don’t violate the intent and spirit of the Deed of Gift, what reason is there to keep them secret?"

At 3:05 AM, Anonymous Anonymous said...

ISAF & ACM Agreement of the 32nd AC is posted at Sailing Anarchy for those that are interested

There is really nothing in this one that is secret so why is the 33rd is the BIG question!!!!

At 6:16 AM, Anonymous Anonymous said...

Eric, it is obvious that despite you working in the AC for 30 years, you still are biased when it comes to talk about ALinghi. Have you realised the "secret" agreement has been disclosed to BOR? We have here only two teams and both are aware of the agreement. Who more needs to know? Friedman to satisfy his overflowed ego? You as the most incredible reporter of all times?

BOR chickens out. They know they would lose on the water now they have seen the Cat. Anything is good not to be on the water. That is a typical COutts attitude.

At 7:58 AM, Anonymous Anonymous said...

Something that has not been kept secret recently is the "good faith" of the the american white knight !!!

the next step is to look at the good face of "Jimmy" Ehmann in the court !!!

At 9:40 AM, Anonymous Anonymous said...

6:16 AM you might as well trash The Fish too as he wants the secret agreement disclosed. Seems everyone wants the secret agreement disclosed even ISAF but SNG has said no.

So what is SNG hiding that ISAF othe others would like to see? Have a look at the 32nd agreement & tells us what could be so secret.

You must bee someone who can't see that CNEV wasn't Deed legal even though the NYSC stated so.

Btw SNG is the chicken as they have the AC in the courts & it's so funny to hear them say otherwise. Typical statement of denial from a group that has yet to take ownership of being found illegal with CNEV in a court of law. Has SNG apologized or made amends??? Nope so that explains why we are 2 yeas plus off the water.

At 10:14 PM, Anonymous Anonymous said...

Actually, rumors have it that the cat was suffering serious structural damage. You may call the people at BMW Oracle "chicken" but they certainly need not be afraid of Alinghi5, a boat that falls apart at 9 knots of wind.

At 5:49 PM, Anonymous Anonymous said...

There may be significantly less wind than 9 knots at RAK. I think Alinghi will be able to pull that one off without breaking.


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