Tuesday, October 27, 2009

New York Supreme Court orders 33rd America's Cup to be Deed compliant

[Source: Alinghi] The New York Supreme Court today ruled that the 33rd America's Cup, scheduled in February 2010, must take place in a venue in the Southern Hemisphere as per the strict reading of the competition's governing document, the Deed of Gift, or in Valencia, Spain, as the only exception to that rule.

“This is a disappointing result as we were certain that Justice Cahn's May 2008 decision allowed the Defender to chose Valencia or ‘any other location',” said Lucien Masmejan, Société Nautique de Genève (SNG) legal counsel. “Ras Al Khaimah has put enormous time and effort into this 33rd America's Cup project. We thank them and feel sorry for this unexpected result out of the New York court”.

“We are satisfied, however, as Justice Kornreich confirmed that the Deed of Gift Match will be conducted under SNG rules as she had already ruled in a previous court order,” added Lucien Masmejan.

The Al Hamra Village. It's a nice place but no America's Cup racing can take place there in February. Ras Al Khaimah, September 2009. Photo copyright RAK Tourism

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18 Comments:

At 7:44 PM, Blogger Ramon said...

As I mentioned earlyer: Alighi will beat the Americans anywhere in the world - even in San Diego, or so...

 
At 7:51 PM, Anonymous Anonymous said...

dream on, Ramon

 
At 7:52 PM, Anonymous Anonymous said...

7:44 PM Until A5 is tested in winds over 10kts & it's sea state, the rest of the world will wait until then.

 
At 7:55 PM, Anonymous Anonymous said...

Can't wait to see the rules. I suggest the helmsman should be the owner of the syndicate and anyone with plastic surgery is banned. No Knights of the realm either.

 
At 8:55 PM, Anonymous Anonymous said...

Possibly it becomes clear now why it is called America's Cup. The american supreme court thinks the cup belongs to the american supreme court and nobody else. Next time just avoid any legal crap, the joke has gone too far. Way too far. If ISAF is half the organisation it claims to be it should come into action before more damage is done to sailing.

 
At 9:02 PM, Anonymous CheeseBurger said...

The Alinghi statement sounds like they have a reserve location in the southern emisphere...
Question: is the 6 months notice now reset? In 6 months RAK is Deed legal!

 
At 9:26 PM, Anonymous Anonymous said...

The 6 months notice is not reset but Alinghi needs to have BMWOracle's mutual agreement now for any location southern or northern hemisphere (this is a deed requirement if the venue is not announece 6 months prior to the races)

 
At 9:28 PM, Anonymous Anonymous said...

9:02 PM The order said sail 10 months from the date served. It said give GGYC 6 months notice of where the venue is. SNG has really only Valencia to choose from as SNG has to allow GGYC time to get to the venue & to set up their base....common sense.

SNG has dug their own grave on this one.

 
At 9:53 PM, Blogger folkenbolt said...

Let's go to Hobart in TASMANIA then!

 
At 10:34 PM, Anonymous Anonymous said...

Alinghi is in big trouble : they need the consent of BOR for any venue because of the 10 months rule.

 
At 12:00 AM, Blogger Carmen said...

Good news the AC Cup isn´t going to RAC.... too hot, too far, too complicated a country still and not great for women...so lets stick to Valencia, please...
The winner, well only a race won will tell us that...I´m bored with Bertarelli and all his fiddling with everybody for his own personal gain...

 
At 9:01 AM, Anonymous Anonymous said...

Onya Ramon,but they are not winning the all important PR race, bad for sponsorship.
I'm with you Folkenboat, bring it back downunder , Tasmania will be great!

 
At 2:34 PM, Blogger Norby said...

please, somebody, get me some of the stuff ramon is smoking. it seems to be very strong.

 
At 3:21 PM, Anonymous Anonymous said...

Hilarious! The Alinghi-PR headline says: "New York Supreme Court orders 33rd America's Cup to be Deed compliant" - Astonishing,`that the court does, isn't it?

If Alinghi paid me hundert thousands of dollars as legal consultant, I probably would have given them the incredible hint, that a Deed-of-Gift-Match could possibly have to be Deed compliant.

This headline is unmasking Mr.B., ROFL

 
At 4:24 PM, Anonymous JamieF said...

to 3:21 PM

Correct

 
At 7:27 PM, Anonymous Anonymous said...

Cahns' wording was ambiguous at best and many including BMWOR were uncertain of the outcome here. If you had been following this closely you would know that the central question was whether Cahn had in his judgement sanctioned a Northern Hemisphere venue in this instance. Considering this Alinghis statement is fair and correct. It will be interesting to see if the next judgement adheres as closely to the Deed, if so Alinghi may have won a slightly bigger battle if not the war.

 
At 7:41 PM, Anonymous Anonymous said...

Interesting spiner ..

http://www.sailingscuttlebutt.com/blog/2009/10/handy-americas-cup-resolution-spinner.html

 
At 10:22 AM, Anonymous Anonymous said...

to 7:27 PM

of course do I know the details and of course things aren't that simple. however, you have to admit that the headline still is funny. escpecially if you bear in mind alinghi's massive ignorance regarding the deed.

 

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