Friday, October 02, 2009

BMW Oracle rejects Ras Al-Khaimah as venue of the 33rd America's Cup

Related PDF Documents- Letter from GGYC to SNG on Ras Al-Khaimah, dated 1 October 2009

- Memorandum of Law on Ras Al-Khaimah, dated 1 October 2009

[Source: BMW Oracle] The Golden Gate Yacht Club, Challenger of Record for the 33rd America’s Cup, has requested the New York Supreme Court to reject Ras al-Khaimah (RAK) as the venue for the 33rd Americas Cup and replace it with Valencia. The Spanish city hosted the 32nd America’s Cup in July 2007.

Under the America’s Cup Deed of Gift, for a match in February the Defender, Société Nautique de Geneve (Alinghi’s yacht club) cannot select a Northern Hemisphere location without GGYC’s mutual consent.

The only exception is Valencia, which the court’s April 7, 2009 decision expressly permits.

GGYC has consistently reminded SNG that, without our mutual consent, any other venue they select would have to be fully compliant with the Deed of Gift.

In good faith, however, BMW Oracle Racing sent a team to inspect SNG’s proposed venue, and, although the team was met warmly by the local authorities, it was clear that the RAK venue fails on every key measure necessary for a successful America’s Cup, including: lack of infrastructure, security and wind.

Moreover, in light of the developing situation in the Arabian Gulf region, Ras al Khaimah is particularly unsuitable. SNG’s proposed course area is within 17 miles of islands occupied by Iran in a current territorial dispute with the United Arab Emirates – of which Ras al-Khaima is a member state.

“The choice of RAK underscores SNG’s abject failure in its responsibilities as Trustee of the America’s Cup,” said Russell Coutts, skipper and CEO of GGYC’s BMW Oracle Racing team. “It seems that the Defender is prepared to go to any lengths to make this America’s Cup a travesty.”

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At 9:41 AM, Blogger folkenbolt said...

Ernesto Bertarelli would even repudiate his mother instead of racing against Russell Coutts under fair condition.
He knows that without any kind of external "help" his fate is marked.
The DoG his extremely clear, though.
No race in the northern hemisphere in February.
So, this time, this indication of Ras Al-Khaimah as venue for the 33th AC, clearly appears just as the last desperate try to lose time and defer the probable defeat.

At 9:56 AM, Anonymous Anonymous said...


At 11:10 AM, Anonymous Anonymous said...

Get on with it BMWO Stop moaning!!

At 2:00 PM, Anonymous Anonymous said...

Interesting timing, just after the A5 arrived there. And now they are making a point of law, 2 months after the announcement of RAK. So who is trying on the games here. "Poutts" calling the kettle black here!

At 3:33 PM, Anonymous Anonymous said...

folkenbolt: Last time I checked, Valencia was in the northern emisphere.

At 3:46 PM, Anonymous Anonymous said...

Hey Anonymous - Judge Cahn's decision in 2007 permitted Valencia during winter months (1 Nov - 1 May).

At 4:27 PM, Blogger renaud said...

To Folken, anony ....

The exact decision is :

Justice Cahn’s order of 2008 stated that ‘the location of the match shall be in Valencia or any other location selected by SNG’

Do you bet what will be the court decision this time : the court will validate RAK because in the judgement of 2008 the court didn't spoke about northern or Sou.. hemisphere and Judeges hate to have to change thier decision.

At 4:55 PM, Blogger Paul said...

Valencia is permitted because both GGYC and SNG suggested in their court submissions that Valencia was an agreeable spot. Thus, Valencia is by mutual consent allowed.

At 8:38 PM, Anonymous Anonymous said...

Given that they waited 3 months with this concern and chose to reveal it the day after Alinghi arrived in RAK, we finally know who the bad guys are in this game. Glad I did not buy a BMW when I had to choose. Certainly brand damaging what these people do.

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

@Renaud - "any other location" that complies with Deed of Cahn and other decisions make clear

At 10:11 PM, Anonymous Anonymous said...

@anonymous - GGYC starting to gripe about a northern hemisphere venue in May and sent 5 letters to SNG.

At 10:29 PM, Blogger folkenbolt said...

"folkenbolt: Last time I checked, Valencia was in the northern emisphere."
The NY Court has designed Valencia as the venue of the 33th AC, as you can easily read in the article
"...........The only exception is Valencia, which the court’s April 7, 2009 decision expressly permits."
Next time you'd better check in the news instead of the map of the world.

At 10:39 PM, Blogger folkenbolt said...

To renaud
"Justice Cahn’s order of 2008 stated that ‘the location of the match shall be in Valencia or any other location selected by SNG’
Yes but Justice Cahn did not mention the exact period of time in His decision.
Both Valencia or RAK could be perfect venues but not in February.........and the DoG is valid yet and it has to be respected in any case.

At 4:47 PM, Anonymous Anonymous said...

8:38 PM

I guess you bought a Swiss snowmobile instead of a BMW

At 2:32 PM, Anonymous Anonymous said...

to folkenbolt: yes, "the DoG is extremely clear", no saling in valencia in february, as BOR want to... cause Val is in the northern hesmiphere ;-)


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