Thursday, November 05, 2009

Alinghi offers Australian venue to unlock 33rd America's Cup and return the competition to the water

Related PDF Documents- SNG memorandum of law ahead of the 6 of November hearing, 5 November 2009

- SNG letter to Justice Kornreich, 5 November 2009

[Source: Alinghi] Société Nautique de Genève (SNG), the 33rd America's Cup defending yacht club, has proposed an alternative venue to the American challenger in a bid to end their continued litigation and return the Cup to the water

Ahead of tomorrow's hearing at the New York Supreme Court, the Swiss Defender has proposed a solution to the legal impasse brought about by the Golden Gate Yacht Club (GGYC). While the Defender's first choice for the Deed of Gift Match is Ras Al Khaimah in the United Arab Emirates, in order to achieve a Match in February SNG proposes to stage the 33rd America's Cup on the east coast of Australia, in the Southern Hemisphere, in compliance with the Deed of Gift. This is a venue that should be acceptable to both teams if, as expressed publicly, the true intention of BMW Oracle is to race for the America's Cup on the water.

A specific race course in the Pacific Ocean off the east coast of Australia, with weather conditions suitable for racing in February, will be announced promptly should GGYC accept this offer and cease their legal strategy. The east coast of Australia offers several locations with ideal sailing conditions for the best-of-three match. A venue in this region would be approximately two and a half weeks away by ship from BMW Oracle's base in San Diego, while Alinghi's voyage from Ras Al Khaimah would take approximately three weeks.

SNG is hopeful that this offer will be accepted and that the competition will resume on the water rather than in court.

Note to the editor

While the Deed of Gift stipulates that racing for the America's Cup between 1 November and 1 May must take place in the Southern Hemisphere, Justice Cahn's 12 May 2008 New York Supreme Court Order ‘that the location of the match be in Valencia or any other location selected by the SNG' led the America's Cup defending yacht club, Société Nautique de Genève, to select Ras Al Khaimah in the United Arab Emirates.

The SNG was granted an expedited appeal yesterday regarding Justice Kornreich's decision of 30 October 2009 that disqualified the UAE venue.

The Emirati venue was selected by the Defender for several reasons: the suitability of the weather conditions for a February Deed of Gift Match; the infrastructure offered by the country and the experience the UAE brings in organising world class sporting events.

NB: this proposed solution has been sent to Justice Kornreich today

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40 Comments:

At 4:16 PM, Anonymous Anonymous said...

BUUUUUUUUUU

 
At 4:21 PM, Anonymous Anonymous said...

Translation...

We can't beat you in Valencia because our boat was only built for extremely light air and flat seas. What do you guys think about Australia? We think we've found a spot that offers us similar weather to RAK. Let us know if you'll agree and we'll find a city to host us.

SNG is getting desperate. I just scanned their request to expedite the appeal and they called GGYC "unsportsmanlike" at least 4 times and that was just a quick scan. They sure know how to beat a dead horse. This offer shows that even they think that they will lose the appeal and are terrified of facing DoGzilla in Valencia.

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

ACC in these australian dangerous waters.

hihi

Could be that larry ellison is afraid of the sharks in these waters......

 
At 4:29 PM, Anonymous Anonymous said...

You are wrong. Eren$to isn't really looking for a venue with light winds. I bet his real estate advisors have been combing the Australian coast looking for some juicy deals, like Valencia and RAK.

He doesn't give a shit about the sport. All he cares about are his dollar$ and euro$.

 
At 4:54 PM, Anonymous Anonymous said...

Where on the Australian East Coast during the month of Feb. can you get light air??? Very difficult I reckon...

 
At 4:54 PM, Blogger Renaud said...

Looks like "Deed" compliant .... sorry anonymous guys ....

 
At 4:57 PM, Anonymous Anonymous said...

Where? Could Alinghi say the venue?
Australia is so wide.
The proposal is a poison dart, so Oracle's answer will be: we need to know the exact location.
Alinghi continues to play

 
At 5:01 PM, Anonymous Anonymous said...

Crazy for an European to see the level of discussion in these postings. As if LE was a philantrophist who does it all without any personal interest. We don't know the hidden motivations of both owners, but we should now support any suggestion to bring the whole thing back to water. And by the way: It is the Defender who has the right to choose the venue. Now we have RAK and AUS. If GGYC actually wants to sail they will agree to one of them.

 
At 5:03 PM, Anonymous JamieF said...

Well, let’s not forget that Valencia in February is also mostly very light winds unless a front goes through, which happens once in a while. I am sure BMWOracle is prepared to sail in light winds and the new wingsail should be ideally suited to handle those conditions. For Alinghi the winds however, shouldn't be too light either since they need to fly one hull in order to stay in the game. I personally would have liked to see these boats sail in "real" sailing conditions. Lets say 15 to 20 knots at least. Imo, the "pinnacle of sailing" deserves no less than that.

 
At 5:08 PM, Anonymous Anonymous said...

to 5:01 PM anon,

Yes, it is the right of the defender to choose the venue as long as you announce a deed compliant venue at least 6 moths prior to the race date. That time point is long gone and now Alinghi has to engage in mutual consent negotiations with BMWOracle regarding the venue irrespective of the hemisphere.

 
At 5:32 PM, Anonymous CheeseBurger said...

There is nothng wrong with the defender choosing a location that favours his boat. It is a right anchored in the DOG. Remember that the DOG does not put challenger and devender on an equal level and therefore contains some unfairness.

There is no need for BOR to know the exact location. Last time I checked, Australia is completely in the southern emisphere.

In less than one week, Alinghi as reacted to the judge decision and has proposed a location that respects her requests. BOR took 2 months to say RAK was not OK...

 
At 5:46 PM, Anonymous Kayali said...

As all GGYC fans are that sure that SNG is choosing a light wind venue because A5 is not ready for stronger winds why does GGYC not build a boat that is faster in light wind conditions? Pretty sure that GGYC knows A5 quite well.

 
At 5:48 PM, Anonymous kayali said...

As all GGYC fans are that sure that SNG is choosing a light wind venue because A5 is not ready for stronger winds why does GGYC not build a boat that is faster in light wind conditions? Pretty sure that GGYC knows A5 quite well.

 
At 5:52 PM, Anonymous Anonymous said...

If oracle does not agree with this than they are for sure not willing to face alinghi on the water.

 
At 5:54 PM, Anonymous Anonymous said...

It's very simple for Alinghi and Mr Bertarelli to go back in the water, as they claim they want to do : go to Valencia in February, and stop bullshiting !

 
At 6:03 PM, Anonymous Anonymous said...

How can you ( in your blog ) says that 'Alinghi offers a venue' ? There is a venue, which is 'Deed compliant' according to the judge ruling : it is Valencia. If Alinghi would like to go back to the water, they just would have to go there.

 
At 6:08 PM, Anonymous DBen! said...

To Jaime F
How selfish and dumb are you? After BOR's recent debacle, can't you see that 20 knots of breeze is asking for trouble? What's it going to take - someone on one of these boat's getting seriously injured - or worse, before everyone realizes that a light air venue is probably a good idea???

Have you ever lived in VLC? Well I have for many years and the weather in February is usually miserable: rainy, gray and blustery winds! You really think that sounds like an ideal setting?
It sounds like a recipe for disaster and some pretty crap sailing & spectator conditions.

A Southern Hemisphere location solves a lot of problems. That way if Alinghi wins, it removes one of the potential reasons LE can take them to court afterwards...

 
At 6:10 PM, Anonymous Anonymous said...

I like your style cheeseburger.......... Oh and 5:54 comment guy your full of what you speak.........shit

 
At 6:15 PM, Anonymous Anonymous said...

Does anyone else find it funny that SNG/Alinghi is now trying to scrap the only remaining shred of mutual consent in this trainwreck???

 
At 6:18 PM, Anonymous Anonymous said...

Dear CheeseBurger

Well, I am not so sure that Alinghi has (at this point of the game) the right to choose any location in the southern hemisphere. They certainly did have that right three months ago. However, they were supposed to announce a deed legal venue 6 months prior to the race an I am afraid by failing to do so they have lost this right.
My best guess would be that now any location must be identified in mutual agreement with BMWOracle. Alinghi had control over the venue but due to their poor strategic positioning have lost this control now. What a pity...

 
At 6:19 PM, Anonymous Anonymous said...

I am a huge Oracle fan and plan to make it out to the venue when racing finally starts and I would much rather it be in Aus rather than Valencia. Valencia is crap in the winter time. This is the only thing I hope Alinghi actually wins...

 
At 6:22 PM, Anonymous Anonymous said...

DBen! Well put. Valencia in Feb is no fun at all.

 
At 6:32 PM, Anonymous JamieF said...

Dear DBen!

Thank you for the nice compliments! I feel really honored.
May I point out to you that on this very website there is the announcement that "Groupama goes to code green, ready for round-the-world record" with a trimaran approximately the same size than Alinghi or BMWOracle. So please don't tell me that it is dangerous to sail in Valencia or that it is not possible to build a boat that can handle 20 knots of wind. It may be miserable for the sailors but these sailors are professionals and they don't go out racing to get a nice suntan. They go out racing because they are being paid (quite well) to get the job done. Of course one can construct a boat that disintegrates at 20 knots of wind speed but I am not so sure if I would find that appropriate for an AC boat nor whether I as a sailor would find that challenging or interesting in any way. Nice weather sailing used to be for mum and dad…

 
At 6:34 PM, Anonymous Anonymous said...

DBen! you may not know it, but BMWOracle previously was out on the water (unvolontarily) at close to 40 knots and didn't fall apart...

 
At 6:42 PM, Anonymous Anonymous said...

Ya but this is not a round the world race now is it JamieF........

 
At 6:46 PM, Anonymous Anonymous said...

I was in VLC months before Alinghi even mentioned RAK and BMWO were already converting their dock to fit dogzilla. They had this planned the whole time, theirs no way they will agree to Aus.

 
At 6:58 PM, Anonymous KiwiDude said...

Well whats wrong with AKL, we have the bases here for both teams and the hauraki gulf to race on.Come on ALinghi, don't be afraid you will be welcome back here with open arms...Yeah Right! :-)

 
At 7:14 PM, Anonymous DBen! said...

No, it feel apart in good conditions and light(ish) air, and happily no one got killed... A mast comes down in 22 knots of breeze and these boats are going 30 or even 40...? What do you think will happen? That is the point i am trying to make. And the round the world guys and their designers have been doing this for years... A5 and USA are untested in racing and questionable conditions, so I'm not sure Jaime F if you're argument has much merit. I know people on both boats and would not like to see any of them to get hurt or make their wives widows!!!

 
At 7:28 PM, Blogger folkenbolt said...

As I said: ...........

Let's go to Hobart in TASMANIA!

But anyway ............... LET'S RACE!

 
At 7:33 PM, Anonymous Anonymous said...

SNG can't do anything right now without GGYC's Mutual Consent. SNG has blown their chances of picking an event per the order & the Deed.

Btw consider why SNG is in court once again & appealing. Sadly their line of be on the water is pure BS. You only have to look at who's loosing in court & why.

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

you have to look at who's loosing in the court ? well american court having to judge american interest in the america's cup, how strange it is the court reading of the gift is always favourable to the challenger !it's really incredible, and don't forget there is always two options to follow the deed or to follow the ruling of the judge so in any case you would better be american you would make a lot of money in betting these issues !!!

 
At 9:48 PM, Anonymous Anonymous said...

It is funny that some Alinghi fans are so concerned about sailing in stronger wind conditions because it is sooooo dangerous for the sailors yet their favoutite team proposes racing in close proximity to Iran and sees no risk at all associated with that. I personally would not like to see any of the sailors to get hurt in a terror attack or have their wives become widows!!!

 
At 9:54 PM, Anonymous Anonymous said...

to 9:26 PM anon

I find it really cheap to blame the US judicial system for a miserable and poorly executed strategy of the defender. Come on it is not that difficult to read and understand the deed.
But if you refuse to accept what you can read in the deed, the courts have no other choice but tell you "that's written in the deed"

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

A bit of spice from the winners of the last 2 Cups, at last. Please give the Americans a little time to consider things they'll need to work out where Ausratlia is before Tom can comment.

 
At 12:07 AM, Anonymous Sad in Val said...

Where is the sport in this mess, I worked as a volunteer in Valencia 32, enjoyed the enthusiasm and became a dedicated fan of your sport, now I am completely turned off by such petty minded bickering and self centered comments....is their nobody who can take the long view and realise that a world class sport id ruined by infantile politics that are driving all the new fans away and creating an elitist competition still based in money..why was Vuitoni there in the first place. All of you get real and get off your high horses. All of the positive promotion of this 'event' from Valencia has been lost due to egos...following the success in Valencia this is unprecedented in any sport... what are you all about????????????????Here in Valencia ( with our own curruption problems) we are laughing at the Americas cup...que hasco!til

 
At 12:34 AM, Anonymous Anonymous said...

9:48 PM
Your argument is weak and just silly. Anyone who thinks sailing over there representing an American team might be "dangerous" because of the proximity to Iran, obviously A) has never been to the Middle East, and is unaware how welcoming they are to all foreigners (esp. Americans)and B) is a small minded American fan buying into more of BOR's PR mumbo jumbo. I am an American, and I lived over there for several months, and felt safer there than in VLC. This whole bad press RAK gets, and hyping up terrorist fear is silly and anyone who promulgates that belief is an imbecile!!!

 
At 2:53 AM, Anonymous Anonymous said...

Not that anyone would believe me, but just some useless information, some Alinghi people flew into Sydney here for Hamilton Island, toured Sydney and had connecting flights to both Perth and Darwin. I thought nothing of it at the time, just some crew for Hamilton Island yachts..maybe, maybe not?
Rick

 
At 2:59 AM, Anonymous Anonymous said...

..further to my last, I personally don't care what any of you may say to me. I think we should all get on with it, who races for the cup, in what or where,it doesn't matter. Just get it going again.
I have no reason for bull shitting on here, so stuff you if you don't want to beleive me
Rick

 
At 5:28 AM, Anonymous Anonymous said...

to 12:34 AM

"and is unaware how welcoming they are to all foreigners"

I was not welcome in the UAE because I happened to have an Israeli stamp in my passport...

 
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