America's Cup Defender hopeful that tradition and rights are upheld by Appellate Division
[Source: Alinghi] The America's Cup Defender, Société Nautique de Genève (SNG), today argued before the Appellate Division of the New York Supreme Court in defence of two of the Defender's fundamental rights as per the Deed of Gift: the right to choose the venue and the right to race a challenger that complies with the Deed of Gift measurement requirements.
“The Defender is hopeful the five Judges of the Appellate Division will respect and uphold its Deed of Gift right to select the venue and to define the rules as has been the case for 158 years and 32 editions of the America's Cup. If Justice Kornreich's decision is upheld, it would be the first time in the history of the America's Cup that the Defender is deprived of its fundamental right to choose the venue. We expect a swift decision from the court in order to move ahead with the 33rd America's Cup and at last return it to the water,” said SNG vice-commodore Fred Meyer.
Note to the editor:
On the matter of selecting a venue and on the matter of the rules of the America's Cup, the Deed of Gift clearly states: ‘These ocean courses shall be […] selected by the Club holding the Cup; and these races shall be sailed subject to its rules and sailing regulations […]'
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, but Justice Cahn's 12 May 2008 New York Supreme Court Order ‘that the location of the match shall be in Valencia, Spain, 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 Emirati venue was selected 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 of the UAE in organising world class sporting events.
Labels: 33rd America's Cup, Alinghi
8 Comments:
Once again SNG is spreading their selective wishes. Where did they get this part in the Deed -
‘These ocean courses shall be […] selected by the Club holding the Cup; and these races shall be sailed subject to its rules and sailing regulations […]'
Seems they are missing some important info with the […]. Add to that the court order it looks like SNG is creating their own challenge cup once again. Maybe that is the best thing for them to do is walk away from the AC & create their own challenge cup as it sure looks like after 2 years plus they still don't get it.
....and $$$$$$$
I agree with the above.
Here goes SNG again!
Tom,
«Where did they get this part in the Deed»
They must have got it in the deed because it reads exactly like that in the deed. Have you ver read it, Tom?
The important info with the[…] reads like this in the deed:
«...practicable in all parts for vessels of twenty-two feet draught of water, and shall be...».
I'm an american sailor and I feel confident. Lets stop our lies and bullshit and go race them.
if memory serves me, they had the right to choose the venue - and chose a non deed compliant one.
Let me get this straight. Alinghi/SNG previously agreed in court that Valencia was acceptable. Thus, Valencia became the default location. SNG then selects an invalid location (RAK) and now complains about Valencia because somehow SNG has the right to choose? But you already chose Valencia through previous mutual consent.
So you are saying that it is your right to change your minds and stack the deck at all times?
Come on Alinghi/SNG! Give us a break!
could you please stop your propaganda..
“The Defender is hopeful the five Judges of the Appellate Division..."
It was FOUR judges not five...
AND
"If Justice Kornreich's decision is upheld, it would be the first time in the history of the America's Cup that the Defender is deprived of its fundamental right to choose the venue."
It also is the first time in the history of the America's Cup that the Defender chose a venue that is not Deed compliant!!!
Two main issues for Alinghi.
1) Initially they believed that BOR90 was suffering structural problems and hence Alinghi wanted to speed up the race even accepting Valencia in Feb 2010... issuing the NOR right away etc etc.
Now Alinghi seems realizing that the BOR90 wing is something that works well. Even in 6 knots breeze BOR is on one hull. That is really impressive and difficult to beat. So now the Alinghi rule is "postpone it , postpone it!!!". In fact the only was Alinghi now can beat BOR90 is to have a wing as well. May 2010 will give Alinghi a chance to try a A5 wing. Feb 2010 no way...
2) A5 will leave RAK at a price that will not be cheap. How much? No body knows, but men and equipment are there and will not fly away till the last cent is agreed.
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